{"id":3559,"date":"2021-02-01T23:25:54","date_gmt":"2021-02-01T23:25:54","guid":{"rendered":"https:\/\/weedmaps.com\/learn\/?post_type=law&p=3559"},"modified":"2025-11-26T18:21:05","modified_gmt":"2025-11-26T18:21:05","slug":"delaware","status":"publish","type":"law","link":"https:\/\/weedmaps.com\/learn\/laws-and-regulations\/delaware","title":{"rendered":"Delaware Weed Laws"},"content":{"rendered":"
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\n\tIs weed legal in Delaware?<\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

You need to be at least 21 years old to buy and consume recreational marijuana<\/a> from a dispensary, much like you would alcohol.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Find weed dispensaries in Delaware<\/a> or order medical weed delivery<\/a> from local retailers on Weedmaps.<\/p>\n\n\n\n

\n\tQuick facts: Delaware marijuana laws<\/h2>\n\n\n\n

Purchase and possession limits<\/h3>\n\n\n\n

For recreational users:<\/strong> 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.<\/p>\n\n\n\n

For medical patients: <\/strong>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.<\/p>\n\n\n\n

Home cultivation limits<\/h3>\n\n\n\n

Home cultivation is still illegal in Delaware, whether you're a recreational or medical user. All growing needs to happen at licensed facilities.<\/p>\n\n\n\n

Basic consumption rules<\/h3>\n\n\n\n

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. <\/p>\n\n\n\n

Tax rates<\/h3>\n\n\n\n

When you buy adult-use cannabis in Delaware, you'll see a 15% sales tax on your receipt.<\/p>\n\n\n\n

For example, if you buy $100 worth of flower, the sales tax will be 15% of the purchase price.<\/p>\n\n\n\n

Breakdown:<\/strong><\/p>\n\n\n\n

Subtotal = $100 (product)<\/p>\n\n\n\n

DE Sales Tax (15% of $100) = $15<\/p>\n\n\n\n

Total = $115<\/strong><\/p>\n\n\n\n

Medical patients don't pay any sales tax on medical cannabis purchases in Delaware.<\/p>\n\n\n\n

\n\tCannabis purchase, sales, and consumption in Delaware<\/h2>\n\n\n\n

Where is it legal to buy weed in Delaware?<\/h3>\n\n\n\n

Adults 21 and older and medical marijuana cardholders can find licensed dispensaries in Delaware<\/a> and search by city, including Wilmington, Newark, and Dover. <\/p>\n\n\n\n

Is weed delivery legal in Delaware?<\/h3>\n\n\n\n

Recreational users: <\/strong>No, delivery services for recreational cannabis orders are not permitted, so you'll need to visit a dispensary.<\/p>\n\n\n\n

Medical patients: <\/strong>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.<\/p>\n\n\n\n

Where is weed consumption allowed in Delaware?<\/h3>\n\n\n\n

Adults 21 and older and medical cannabis patients can consume cannabis on private property.<\/p>\n\n\n\n

Where is consumption prohibited in Delaware?<\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

Licensing and Social Equity<\/h3>\n\n\n\n

Delaware's Office of the Marijuana Commissioner<\/a> 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<\/a> online, though the application window is now closed.<\/p>\n\n\n\n

Most of the dispensaries you can shop at today are former medical-only compassion centers<\/a> that converted to recreational sales, though they also still serve medical cannabis users.<\/p>\n\n\n\n

Why it matters to you:<\/strong> Delaware is using cannabis tax money and licensing fees to fund programs that help communities disproportionately impacted<\/a> by past marijuana laws \u2014 programs like job training, criminal record expungement, and reducing incarceration. <\/p>\n\n\n\n

So when you buy legal weed in Delaware, you support these community investment efforts.<\/p>\n\n\n\n

\n\tGrowing cannabis in Delaware<\/h2>\n\n\n\n

Growing cannabis in Delaware is illegal for both recreational and medical users. Cultivation is restricted to licensed cultivation centers.<\/p>\n\n\n\n

\n\tMedical marijuana in Delaware<\/h2>\n\n\n\n

The Delaware Medical Marijuana Act<\/a> (DMMA) was passed in May 2011, and the Medical Marijuana Program<\/a> (MMP) launched on July 1, 2011. <\/p>\n\n\n\n

Delaware Health and Social Services<\/a> (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.<\/p>\n\n\n\n

Benefits of medical marijuana vs. recreational marijuana<\/h3>\n\n\n\n