Marijuana is legal in Delaware for adults 21 and older, including possession and purchases from licensed retailers. Delaware legalized adult-use marijuana in 2023, with recreational marijuana sales beginning August 1, 2025.
Unlike many states with legal recreational marijuana, Delaware does not allow adults to grow marijuana at home. The state also operates a separate medical marijuana program, with registered patients receiving benefits that include a possession limit of up to 6 ounces, larger purchase allowances, tax-free purchases and access to home delivery.
For an overview of laws across the country, see our Marijuana Laws by State: Where Marijuana Is Legal in 2026 guide.
Delaware Marijuana Laws at a Glance
| Category | Delaware Law |
|---|---|
| Recreational marijuana | Legal for adults 21+ |
| Possession limit | 1 ounce of flower, 12 grams of concentrate or products containing up to 750 mg THC |
| Retail sales | Legal |
| Recreational sales began | August 1, 2025 |
| Home cultivation | Not allowed |
| Medical marijuana | Legal |
| Medical possession limit | Up to 6 ounces |
| Public consumption | Illegal |
| Adult-use delivery | Not allowed |
| Medical delivery | Allowed |
| Recreational marijuana tax | 15% |
Is Recreational Marijuana Legal in Delaware?
Yes. Recreational marijuana is legal in Delaware for adults 21 and older.
State lawmakers approved legislation in 2023 legalizing possession and establishing a regulated commercial marijuana market. Licensed adult-use sales officially began August 1, 2025, initially through existing medical marijuana compassion centers that received licenses allowing them to serve recreational consumers.
Adults do not need to be Delaware residents to purchase recreational marijuana from a licensed retailer.
How Much Marijuana Can You Possess in Delaware?
Adults 21 and older may possess up to Delaware’s “personal use quantity” of marijuana.
Under state law, that means:
- Up to 1 ounce of marijuana flower
- Up to 12 grams of concentrated marijuana
- Marijuana products containing up to 750 milligrams of delta-9 THC
Possession and transportation of those amounts are protected under Delaware law for adults 21 and older. When marijuana is transported in a motor vehicle, it must be in a closed container or otherwise not readily accessible to anyone inside the vehicle.
How Much Marijuana Can You Buy in Delaware?
A licensed recreational marijuana retailer may sell no more than the state’s personal-use quantity in a single transaction.
That generally means an adult may purchase up to 1 ounce of marijuana flower, 12 grams of concentrate or marijuana products containing up to 750 milligrams of THC in one transaction.
Retailers must verify that recreational customers are at least 21 before completing a sale.
Can You Grow Marijuana at Home in Delaware?
No. Delaware does not allow recreational home cultivation.
All marijuana cultivation must be conducted by appropriately licensed marijuana businesses. The state’s legalization law specifically leaves unauthorized growing and cultivation illegal.
This prohibition also applies to registered medical marijuana patients and caregivers. Delaware’s medical marijuana program does not authorize patients to grow their own plants.
As a result, Delaware is among the adult-use states where legal possession and retail sales do not include a right to cultivate marijuana at home.
Can You Give Marijuana to Another Adult in Delaware?
Yes. Adults 21 and older may share up to the personal-use quantity of marijuana with another adult 21 or older as long as no money, goods or services are exchanged.
Delaware defines this as “adult sharing.”
The law does not protect arrangements where marijuana is advertised as a free gift connected to the purchase of another product or service, or where the marijuana transfer is otherwise contingent on another transaction.
Is Medical Marijuana Legal in Delaware?
Yes. Delaware legalized medical marijuana in 2011 and continues to operate a separate Medical Marijuana Program.
Registered qualifying patients have several significant advantages over recreational consumers.
A registered patient is protected for possession of up to 6 ounces of usable marijuana. Medical marijuana compassion centers may dispense up to 3 ounces to a registered patient during any 14-day period.
Medical marijuana purchases are also exempt from Delaware’s 15% recreational marijuana tax. In addition, the Office of the Marijuana Commissioner says medical patients have access to larger amounts of marijuana products, promotional sales and home delivery.
Delaware also provides registered medical marijuana patients with certain employment protections. Employers generally may not discriminate against someone solely because of their status as a medical marijuana cardholder or because of a positive marijuana test, unless the patient used, possessed or was impaired by marijuana at work or federal requirements apply.
Medical patients are not permitted to cultivate marijuana at home.
Are Marijuana Dispensaries Legal in Delaware?
Yes. Licensed recreational marijuana stores are operating in Delaware.
Adult-use sales began August 1, 2025, with existing medical marijuana operators serving as the first recreational retailers. Delaware has continued issuing licenses as the state’s regulated market expands.
The Office of the Marijuana Commissioner oversees the state’s adult-use and medical marijuana industries.
Local control varies depending on the jurisdiction. Municipalities may prohibit marijuana establishments or regulate their time, place, manner and number. Counties also have certain regulatory authority, although state law limits the extent to which counties can prohibit licensed businesses in specified zoning areas.
Is Marijuana Delivery Legal in Delaware?
Adult-use marijuana delivery is not currently allowed.
Delaware law prohibits recreational marijuana stores from selling marijuana online or delivering recreational marijuana to a customer who is not physically present at the licensed store.
Medical marijuana is different. Registered patients may receive marijuana through authorized home-delivery services, making delivery one of the benefits of remaining enrolled in Delaware’s medical program.
Can You Use Marijuana in Public in Delaware?
No. Consuming marijuana in an area accessible to the public is illegal in Delaware.
State law defines publicly accessible areas broadly to include places such as sidewalks, streets, alleys, parking lots, parks, playgrounds, stores and restaurants. It also covers certain outdoor areas within 10 feet of public spaces and building entrances, exits, opening windows and ventilation intakes.
Public marijuana consumption is an unclassified misdemeanor punishable by a fine of up to $200, up to five days in jail or both.
Consuming marijuana in a moving vehicle is also illegal.
Can You Drive After Using Marijuana in Delaware?
Driving while impaired by marijuana is illegal.
Delaware’s DUI law prohibits driving while under the influence of any drug or a combination of drugs and alcohol. State law defines being “under the influence” as being less able than a person ordinarily would be, mentally or physically, to exercise clear judgment, physical control or due care while driving.
A first DUI conviction can carry a fine ranging from $500 to $1,500, up to 12 months in jail or both, in addition to other consequences. Penalties become substantially more serious for repeat offenses.
Medical marijuana patients are not considered impaired solely because marijuana metabolites or components are present in their system, but they may still be prosecuted for driving while actually impaired.
Can Landlords Prohibit Marijuana in Delaware?
Delaware provides tenants with some protections involving legal marijuana possession and non-smoking forms of consumption.
In most residential rentals, a landlord cannot simply prohibit marijuana possession or non-smoking marijuana consumption. Exceptions apply in certain circumstances, including some owner-occupied properties, housing connected to medical, educational or similar services, and situations where allowing marijuana would violate federal law or jeopardize a federal benefit.
Property owners may still prohibit smoking marijuana on their property.
Registered medical marijuana patients also receive separate protections against being denied housing solely because they are medical marijuana cardholders, subject to federal-law exceptions.
Can Employers Prohibit Marijuana Use in Delaware?
Yes. Delaware’s recreational marijuana law does not require employers to accommodate adult-use marijuana.
The law specifically states that legalization is not intended to impose requirements or restrictions on employers concerning employment conditions, workplace policies or discipline.
Registered medical marijuana patients receive stronger protections. Employers generally cannot discriminate against an employee solely because the person is a registered patient or because the employee tests positive for marijuana metabolites, although employers may prohibit marijuana use and impairment in the workplace. Federal requirements can also create exceptions.
What Are the Penalties for Illegal Marijuana Possession in Delaware?
Adults 21 and older may legally possess up to the personal-use quantity, which is 1 ounce of flower, 12 grams of concentrate or marijuana products containing up to 750 milligrams of THC.
Possessing more than the legal personal-use quantity, unless otherwise authorized under Delaware’s medical marijuana law, is generally an unclassified misdemeanor punishable by a fine of up to $575, imprisonment for up to three months or both.
Significantly larger amounts can trigger felony provisions. Under Delaware’s controlled-substance laws, 175 grams or more of marijuana qualifies as a Tier 1 controlled-substance quantity, and unauthorized possession of a Tier 1 quantity is a class G felony. Higher quantity thresholds can result in still more serious felony classifications.
Separate and potentially more serious penalties apply to unauthorized marijuana sales, possession with intent to distribute and unlicensed cultivation.
For people younger than 21, possession of a personal-use quantity carries a $100 civil penalty for a first violation and a civil penalty ranging from $200 to $500 for a second violation. A third or subsequent violation is an unclassified misdemeanor with a $100 fine.
Are Marijuana Purchases Taxed in Delaware?
Yes. Recreational marijuana purchases are subject to a 15% state retail marijuana tax.
The tax is calculated based on the retail sales price and is paid by the consumer at the point of sale.
Registered medical marijuana patients are exempt from the 15% marijuana tax when they present a valid medical marijuana registry identification card.
That tax savings is one of the most significant financial benefits of Delaware’s medical marijuana program for patients who regularly purchase marijuana.
Frequently Asked Questions About Delaware Marijuana Laws
Can tourists buy marijuana in Delaware?
Yes. Adults 21 and older may purchase recreational marijuana from licensed Delaware retailers regardless of whether they live in the state.
How much marijuana can I have in Delaware?
Adults 21 and older may possess up to 1 ounce of marijuana flower, 12 grams of concentrated marijuana or marijuana products containing up to 750 milligrams of THC.
Can I grow marijuana at home in Delaware?
No. Delaware does not allow adults to grow marijuana at home for recreational use, and registered medical marijuana patients are also prohibited from cultivating marijuana.
Can I smoke marijuana in public in Delaware?
No. Marijuana consumption in an area accessible to the public is illegal and can result in a fine of up to $200, up to five days in jail or both.
Can I have marijuana delivered in Delaware?
Recreational marijuana retailers cannot deliver marijuana directly to adult-use consumers. Registered medical marijuana patients, however, have access to authorized home delivery.
Can I bring marijuana from Delaware to another state?
No. Marijuana cannot legally be transported across state lines under federal law, even when marijuana is legal in the neighboring state.
Official Sources
- Delaware Office of the Marijuana Commissioner: Adult-Use Marijuana Information
- Delaware Office of the Marijuana Commissioner: Marijuana FAQ
- Delaware Code: Marijuana Control Act, Title 4, Chapter 13
- Delaware Code: Medical Marijuana Act, Title 16, Chapter 49A
- Delaware Division of Revenue: Marijuana Establishments and Retail Tax FAQs
