Is weed legal in Delaware?
Yes. As of August 1, 2025, Delaware joined the legal cannabis club, making adult-use recreational marijuana legal. Medical marijuana has been legal since May 2011 in Delaware.
You need to be at least 21 years old to buy and consume recreational marijuana from a dispensary, much like you would alcohol.
For medical marijuana, you need to be 18 or older to buy and consume. For medical patients under 18, a parent or legal guardian with a Designated Caregiver card can purchase medical marijuana from licensed dispensaries on behalf of the minor.
Find weed dispensaries in Delaware or order medical weed delivery from local retailers on Weedmaps.
Quick facts: Delaware marijuana laws
Purchase and possession limits
For recreational users: Adults 21 and older may purchase and possess up to 1 ounce of cannabis flower, up to 12 grams of concentrated cannabis, and up to 750 milligrams of THC products.
For medical patients: Certified medical cannabis patients or their parents or legal guardians with a Designated Caregiver card may purchase 3 ounces of marijuana every 14 days, for a total of 6 ounces per month, and possess up to 6 ounces of marijuana at any given time.
Home cultivation limits
Home cultivation is still illegal in Delaware, whether you're a recreational or medical user. All growing needs to happen at licensed facilities.
Basic consumption rules
You can only consume cannabis on private property. So, your home and your friend's home (with permission) are great. But not in public places like parks, beaches, or sidewalks.
Tax rates
When you buy adult-use cannabis in Delaware, you'll see a 15% sales tax on your receipt.
For example, if you buy $100 worth of flower, the sales tax will be 15% of the purchase price.
Breakdown:
Subtotal = $100 (product)
DE Sales Tax (15% of $100) = $15
Total = $115
Medical patients don't pay any sales tax on medical cannabis purchases in Delaware.
Cannabis purchase, sales, and consumption in Delaware
Where is it legal to buy weed in Delaware?
Adults 21 and older and medical marijuana cardholders can find licensed dispensaries in Delaware and search by city, including Wilmington, Newark, and Dover.
Is weed delivery legal in Delaware?
Recreational users: No, delivery services for recreational cannabis orders are not permitted, so you'll need to visit a dispensary.
Medical patients: Qualified medical marijuana patients, or their parents or legal guardians with a Designated Caregiver card, can order cannabis products from licensed medical dispensaries for home delivery.
Where is weed consumption allowed in Delaware?
Adults 21 and older and medical cannabis patients can consume cannabis on private property.
Where is consumption prohibited in Delaware?
You can only consume weed legally on private property in Delaware. That means your home or your friend's place (with permission). You can't consume in public or a vehicle in Delaware.
Licensing and Social Equity
Delaware's Office of the Marijuana Commissioner held a lottery in October 2024 to pick 125 businesses that could open dispensaries and grow facilities. You can see the official list of selected applicants online, though the application window is now closed.
Most of the dispensaries you can shop at today are former medical-only compassion centers that converted to recreational sales, though they also still serve medical cannabis users.
Why it matters to you: Delaware is using cannabis tax money and licensing fees to fund programs that help communities disproportionately impacted by past marijuana laws — programs like job training, criminal record expungement, and reducing incarceration.
So when you buy legal weed in Delaware, you support these community investment efforts.
Growing cannabis in Delaware
Growing cannabis in Delaware is illegal for both recreational and medical users. Cultivation is restricted to licensed cultivation centers.
Medical marijuana in Delaware
The Delaware Medical Marijuana Act (DMMA) was passed in May 2011, and the Medical Marijuana Program (MMP) launched on July 1, 2011.
Delaware Health and Social Services (DHSS) houses the Office of Medical Marijuana (OMM), which oversees the MMP. The OMM has also developed a registry for patients and caregivers, qualification procedures, and regulations to ensure that medical cannabis is available safely and effectively.
Benefits of medical marijuana vs. recreational marijuana
- No sales tax on medical marijuana purchases
- Certified medical patients have access to more potent marijuana products
- Medical marijuana products are available to certified patients of all ages as long as the medical patient has a qualifying medical condition and the required certification (and a primary designated caregiver for patients under the age of 18)
- A Delaware medical marijuana card allows medical patients to continue treatment uninterrupted in states with medical marijuana reciprocity with Delaware
Insurance coverage
Unfortunately, insurance likely does not cover medical marijuana costs for qualified patients in Delaware. However, the OMC website recommends you contact your insurance provider or Medicaid official for an answer.
Application process
Getting a Delaware medical marijuana card is pretty straightforward. Here's what you need to qualify:
- Be 18 years of age or older, or be a pediatric patient with parental consent
- Have a Health Care Practitioner Certification from a Delaware-licensed MD, DO, APRN, or PA
- Be a Delaware resident with proof of residency (DE Driver's License or DE State ID)
Getting your medical card:
- Find a medical doctor
- Meet with your doctor about medical marijuana
- Fill out the patient application online or print it off, fill it out, and mail it in
- Pay the fee online or by mail ($50 for 1 year, $75 for 2 years, $100 for 3 years)
- Upload or mail a copy of your Delaware ID with your application
The renewal process is the same as the initial application process. Applicants may submit their renewal applications up to 90 days before expiration.
Qualifying medical conditions
The great thing about Delaware's medical program is that there's no specific list of qualifying conditions. Your doctor gets to decide if cannabis might help your situation.
Bonus for seniors: If you're 65 or older, you can skip the doctor's signature and self-certify that you need medical marijuana. You still complete the same application, but your doctor doesn't have to sign off.
Patients and caregivers
Need to help someone else with their medical marijuana? You can become a designated caregiver if you're 21+ (or the parent/guardian of a minor patient), have a clean felony record, and are a Delaware resident. You can help up to 5 patients max.
Getting your caregiver card:
- Fill out both the caregiver application and patient application online (or print and mail them)
- Pay the $50 fee
- Upload or mail your Delaware ID copy
Legal history
2011: Medical marijuana is legalized
Gov. Jack Markell signs the Delaware Medical Marijuana Act (DMMA), allowing qualifying patients to purchase and consume cannabis for medical use.
2015: Possession is decriminalized
Delaware House Bill 39 (HB 39) decriminalizes cannabis possession statewide, making the possession of less than 6.2 ounces (175 grams) of marijuana a misdemeanor and less than 1 ounce (28 grams) of marijuana a civil infraction.
2019: Criminal code for cannabis crimes is amended
Gov. John Carney signs Senate Bill 37, which amends the state's criminal code to allow individuals with one cannabis misdemeanor or one felony to have their records expunged after five or seven years, respectively.
2023: Recreational cannabis legislation passes
The big moment: Delaware's legislature passes two companion bills, House Bill 1 and House Bill 2 (Gov. John Carney allows both to become law without his signature), legalizing adult-use recreational cannabis. The law lets adults 21 and older possess up to one ounce of flower (or equivalent amounts for non-flower cannabis products) and establishes a full regulatory framework overseen by a newly created Office of the Marijuana Commissioner (OMC).
2025: Cannabis retail sales begin
On August 1, 2025, recreational cannabis retail sales begin, allowing adults 21 and older to legally purchase cannabis products at the state's existing medical dispensaries, which were granted "conversion" licenses to transition into recreational retailers.
Local laws
Here's where it gets complex for Delaware. While the state legalized cannabis, local governments can still ban dispensaries in their areas. As of August 2025, 19 out of 57 municipalities in the state have enacted such bans to date.
Counties are more complex. Counties hold zoning power, and some have applied extremely restrictive buffers. Sussex County, for example, requires shops to be three miles from schools, churches, and towns. That makes it nearly impossible to open stores in many areas.
Enter Senate Bill 75 (SB 75), passed on June 25, 2025. This law puts some limits on how restrictive counties can be — buffer zones can't be more than 500 feet from schools and churches, and it sets standard operating hours (9 a.m. to 9 p.m. Monday–Saturday, 12 p.m. to 8 p.m. Sunday).
Delaware cannabis product safety and testing
All cannabis sold in the state of Delaware must undergo testing for:
- Residual solvents
- Poisons, or toxins
- Harmful chemicals
- Dangerous molds or mildew
- Filth
- Harmful microorganisms such as E. coli or Salmonella
- Pesticides
Additionally, in Delaware, licensed marijuana establishments are required to use a seed-to-sale tracking system to monitor recreational and medical cannabis from cultivation to the point of sale.
Out-of-state visitors
Recreational visitors: Welcome to Delaware! As long as you're 21+ with a valid ID, you can buy cannabis just like residents, and the same limits apply.
Medical patients from other states: You can get a temporary Delaware medical card for $20. When you get to a dispensary, they'll give you a QR code to scan and fill out a quick application.
Upload photos of your driver's license and home-state medical card, and voila — Delaware medical access that expires when your home card does.
Transport restrictions
It is still illegal under federal law to transport cannabis across state lines and possess or consume cannabis in an airport or on an airplane. Any cannabis purchased in Delaware (medical or recreational) must stay and be consumed in the state.
FAQ
Is recreational weed legal in Delaware?
Yes. As of August 1, 2025, adult-use recreational marijuana is legal for adults 21 and older in The First State.
Can I smoke weed in public in Delaware?
No. You can't smoke in public — keep it on private property.
Are edibles legal in Delaware?
Yes, edibles, flower, vapes, tinctures, capsules, and concentrates are legal for medical and recreational use in Delaware.
You can order edibles and other cannabis products for delivery if you are a registered medical cannabis user or for pickup if you are a recreational user from dispensaries near you on Weedmaps.
The information contained in this site is provided for informational purposes only and should not be construed as medical or legal advice. Weedmaps makes no representation that the content contained here is current, accurate, or without errors. This page was last updated on August 1, 2025.