State Laws/Delaware
DEFully Legal Updated 2026-06

Cannabis Laws in Delaware

Delaware legalized recreational cannabis in April 2023, with Governor Carney signing HB 1 and HB 2. Personal possession became legal immediately; retail sales launched in 2025.

Recreational Possession

1 oz flower

Medical Program

Active

Home Cultivation

Not permitted

Employment Protection

Moderate

Possession Limits

Medical Patients

6 oz

per month

Recreational (21+)

1 oz

flower

5g concentrate; 750mg edibles

Home Cultivation

Home Cultivation Not Permitted

Home cultivation is not permitted under Delaware law.

Medical Cannabis Program

Card Cost

$125/year

Renewal

Annual

Processing Time

45 days

Dispensaries

10+

Qualifying Conditions

CancerHIV/AIDSDecompensated cirrhosisALSAgitation of Alzheimer's diseasePTSDTerminal illnessChronic debilitating disease or medical conditionIntractable nausea/vomitingWasting syndromeSevere painSevere nauseaSeizuresSevere muscle spasms
✗ Does not accept out-of-state medical cards

Recreational Program

Legalized

2023

Sales Started

2025

Age Requirement

21+

Purchase Limit

1 oz per transaction

Delivery

Not allowed

Public Consumption

Prohibited.

Employment Protections

Moderate Protection

Protections for off-duty use included in legalization law.

Employers cannot discriminate against employees for off-duty cannabis use. Safety-sensitive positions and federal contractors are exempt.

Driving Laws

DUI laws apply. Impairment standard used.

Recent Legislative Changes

2023: Personal possession legalized April 23

2025: Retail sales launched

Official State Resource

Always verify current laws with the official state cannabis authority.

Visit official site