Delaware Cannabis Laws 2026: What's Legal for Adults and Patients

Delaware legalized adult-use cannabis in April 2023 with HB 1 (legal possession) and HB 2 (the regulated market). After a long licensing process, retail sales began on August 1, 2025, at medical dispensaries that converted to serve adults. Medical cannabis has been legal since 2011. The Office of the Marijuana Commissioner (OMC) regulates the market.

Is weed legal in Delaware?

Yes, for adults 21 and older. Bring a valid ID showing you're 21+. Visitors can buy too.

How much can you carry?

Limit	Adults 21+
Flower	Up to 1 ounce
Concentrate	Up to 12 grams
THC products	Up to 750 mg of THC

Where can you use it?

Private property only. Public use is illegal, including in cars. Landlords and towns can restrict use, and towns can ban cannabis businesses entirely.

Can you grow cannabis at home?

No. Delaware is one of the few legal states that bans home cultivation for everyone, including medical patients. All cannabis has to come from a licensed store.

Medical cannabis in Delaware

Patients with a qualifying condition can register with the state's Medical Marijuana Program. Medical purchases are exempt from the 15% tax.

Taxes on cannabis in Delaware

Adult-use purchases carry a 15% marijuana tax. Delaware doesn't have a general state sales tax, and there's no separate local cannabis tax. Medical purchases are exempt.

Driving and work

Driving impaired is illegal. Delaware's adult-use law doesn't require employers to allow cannabis, and they can keep drug-free workplace policies.

Is anything changing in 2026?

Delaware's market is still growing: the first year brought more than $53 million in adult-use sales and dozens of new licenses. The possession limits and the home-grow ban haven't changed.

Federal law in 2026

Federal law still treats recreational cannabis as illegal. In April 2026, the federal government moved marijuana sold under a state medical license (and FDA-approved cannabis medicines) to Schedule III, but adult-use cannabis is still Schedule I. That means it's still banned on federal land and can't legally cross state lines, even between two legal states.

Separately, a federal ban on intoxicating hemp products takes effect in two steps: synthetic and converted cannabinoids like delta-8 lose their legal status on November 12, 2026, and naturally derived hemp THC (THCA flower, hemp delta-9 edibles and drinks) on December 11, 2026.

Where to buy legally

Delaware has a small number of licensed stores so far. Browse dispensaries in Delaware and smoke and vape shops in Delaware in our directory.

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Last reviewed October 8, 2026. This guide is general information, not legal advice. Laws change, so check the official sources below before you rely on any detail.