Delaware Marijuana Laws (2026): Possession, Limits and Where to Buy

By James Buddsey · Updated October 22, 2026

Yes. Under Delaware marijuana laws, adults 21 and older can legally possess up to 1 ounce of leaf marijuana, 12 grams of concentrate, or cannabis products containing up to 750 milligrams of THC, and since August 1, 2025 they can buy it from state-licensed retailers. Using it in public or in a moving vehicle is still a misdemeanor, home growing is not allowed for anyone, and retail purchases carry a 15% marijuana tax.

Possession became legal for Delaware adults in 2023, stores opened in 2025, and new rules for THC drinks start October 21, 2026. This guide, for residents and visitors, links each rule to the Delaware Code or the state regulator. It reflects the law as of October 2026 and is general information, not legal advice.

Delaware Cannabis Laws at a Glance

Is Marijuana Legal in Delaware?

Yes, for adults 21 and over. Under 16 Del. C. § 4764A, enacted in 2023 as 84 Del. Laws c. 15, adults face no state penalty for possessing, using, buying or transporting a personal use quantity of marijuana and marijuana accessories, or for sharing a personal use quantity with another adult for free. The Delaware Marijuana Control Act, now Chapter 13 of Title 4 of the Delaware Code, created the licensed market and the Office of the Marijuana Commissioner that regulates it.

Legal possession came well before legal stores. Adult-use sales started on August 1, 2025, when a select group of existing medical compassion centers converted to serve both patients and adult customers. The state awarded 125 more licenses by lottery, and those businesses are opening in stages.

Several things remain illegal for everyone: consuming marijuana in an area accessible to the public or in a moving vehicle, and growing, manufacturing or selling marijuana without a license. Cannabis also remains illegal under federal law for adult use. See our guide to federal marijuana law in 2026 for the latest on rescheduling.

How Much Marijuana Can You Possess in Delaware

Delaware defines a “personal use quantity” in 16 Del. C. § 4701 as:

• 1 ounce or less of leaf marijuana (flower)
• 12 grams or less of concentrated cannabis, such as vape oil, wax or rosin
• cannabis products containing 750 milligrams or less of delta-9 THC, such as edibles

In a car, it must be in a closed container or otherwise not readily accessible to the people inside, under § 4764A.

Penalties for possession

• More than a personal use quantity (21+): an unclassified misdemeanor, punishable by a fine of up to $575, up to 3 months in jail, or both, under § 4764(b).
• Under 21: a $100 civil penalty for a first violation, $200 to $500 for a second, and an unclassified misdemeanor with a $100 fine for a third or later violation, under § 4764(c).

Where You Can and Cannot Use Marijuana in Delaware

Using marijuana “in an area accessible to the public or in a moving vehicle” is an unclassified misdemeanor under 16 Del. C. § 4764(d), with a fine of up to $200, up to 5 days in jail, or both.

Not allowed

• Sidewalks, streets, parks and other public areas
• Outdoor spots within 10 feet of those areas, or of building entrances, exits and windows
• Any moving vehicle, whether you are the driver or a passenger
• Federal land, where cannabis is illegal under federal law

Allowed, with limits

• Private homes and private property, with the owner’s permission. Under 4 Del. C. § 1307, property owners may ban or regulate marijuana on their property.
• Rentals: landlords may always ban smoking, but the law limits when they may ban possession or non-smoked use, for example in owner-occupied buildings with no more than 3 rented rooms, in hospitals or student housing, or where allowing it would violate federal law or cost a federal benefit.

Delaware law has no provision for consumption lounges. Employers keep control of workplace drug policies under § 1304.

Buying Marijuana in Delaware: Stores, Hours and ID

• Who can buy: adults 21 and older, residents or visitors, at a licensed retail store. The state says only purchases from licensed retailers are legal; OMC lists authorized locations at omc.delaware.gov.
• Hours: under 4 Del. C. § 1309(b), stores may not sell between 10 p.m. and 9 a.m. Monday through Saturday, or before noon or after 8 p.m. on Sunday. Cities of 50,000 or more people may set shorter hours by ordinance.
• Holidays: no marijuana sales or deliveries on Thanksgiving, Easter or Christmas.
• Under 21: entering a licensed marijuana establishment while under 21 is a civil offense with a $50 penalty under § 1306(b).

Delaware’s statute does not provide for adult-use delivery. The OMC says registered medical patients can use home delivery from compassion centers.

Medical Marijuana in Delaware

Delaware’s medical program, set out in 16 Del. C. Chapter 49A, runs alongside adult use and is administered through the Marijuana Commissioner. The program dates to the Delaware Medical Marijuana Act of 2011, though federal pressure delayed the first compassion center for years. The main rules:

• Who qualifies: the law lists specific conditions, plus any condition for which a health-care practitioner determines the patient would receive palliative or therapeutic benefit (§ 4902A). Patients 65 or older may self-certify on a state form (§ 4908A).
• Limits: a registered patient may possess up to 6 ounces of usable marijuana (§ 4903A), and a compassion center may dispense no more than 3 ounces to a patient in any 14-day period (§ 4919A). The OMC FAQ puts it as 3 ounces every 14 days, 6 ounces a month.
• Taxes: medical sales are exempt from the 15% marijuana tax under § 1382.
• Residency: only Delaware residents can join the program. Out-of-state medical patients can still buy at Delaware dispensaries by completing an online application at the store; the out-of-state ID carries the same expiration as the home-state card, according to the OMC.

Patients may not smoke in any public place or vehicle, or use marijuana on school grounds (§ 4904A).

Growing Marijuana at Home in Delaware

Home growing is not legal in Delaware. 16 Del. C. § 4764A keeps growing or cultivating marijuana without a license unlawful, and the OMC states that medical patients and caregivers are not authorized to grow either. All legal marijuana in Delaware comes from licensed cultivators.

Driving and Marijuana in Delaware

Consuming marijuana in a moving vehicle is a misdemeanor under § 4764(d), and the OMC says consuming in any vehicle is illegal.

Driving under the influence of any drug is a crime under 21 Del. C. § 4177. The statute also makes it unlawful to have any amount of an illicit or recreational drug, resulting from its unlawful use, in the blood within 4 hours of driving. How that per se clause applies to adults whose use is now legal under state law has not been settled in the statute text, so the safe course is not to drive after using cannabis. For registered patients, metabolites alone do not prove impairment (§ 4904A).

Taking Marijuana Across Delaware State Lines and Airports

• Neighboring states: the OMC warns that “it remains illegal to leave (or enter) Delaware with any marijuana products.” Carrying cannabis across any state line is also a federal crime. See our Maryland and Pennsylvania guides.
• Flying: TSA follows federal law and refers cannabis found during screening to police. Do not bring it through any airport.
• Federal property: federal buildings, military bases and other federal land are places where state legalization does not apply.

Delaware Marijuana Taxes in 2026

Delaware charges a 15% tax on the retail sales price of marijuana products under 4 Del. C. § 1382, collected at the register. Counties and towns may not add their own marijuana taxes; the state tax is in lieu of local license fees and taxes on the business of selling marijuana, though general taxes that apply to all businesses still apply (§ 1383). Medical marijuana sales are exempt.

Delta-8, THC Drinks and Hemp Products in Delaware

Delaware is creating a regulated lane for hemp-style THC drinks. House Bill 373, passed in 2026 as 85 Del. Laws c. 394, takes effect on October 21, 2026. Under the new 4 Del. C. § 1309A and § 1302:

• An “infused beverage” is a non-alcoholic drink infused only with delta-9 THC, with no more than 10 mg per single-serving container, 60 mg per multi-pack and 170 mg per 750 mL bottle.
• Only licensed package (liquor) stores and retail marijuana stores may sell them, for off-premises consumption. Third-party delivery is banned, though package stores may offer online orders for pickup or curbside.
• Containers must carry a symbol warning that they are not legal or safe for anyone under 21.
• Infused beverages are exempt from the 15% marijuana tax. The state’s legislative summary describes a separate tax of $0.50 per container.

Federal law is also changing. A federal law signed November 12, 2025 redefines hemp using a total-THC standard, caps finished products at 0.4 mg total THC per container and excludes converted cannabinoids such as delta-8 made from CBD. Products with cannabinoids the plant cannot naturally produce, such as THC-O, lose hemp status November 12, 2026, and the rest, including the delta-8 exclusion and the per-container cap, follows on December 11, 2026.

What Changed in Delaware Cannabis Law Recently

• Retail launch (2025): adult-use sales began August 1, 2025.
• THC beverages (2026): HB 373 creates a licensed market for delta-9 infused drinks at package stores and marijuana retailers, effective October 21, 2026.
• Federal rescheduling (2026): in April 2026 the Justice Department moved marijuana held under a state medical marijuana license, and FDA-approved marijuana products, to Schedule III. Adult-use marijuana remains in Schedule I while a broader rescheduling hearing is stayed. Details are in our federal law guide.

Delaware Marijuana Laws FAQ

More State and Federal Cannabis Guides

Compare Delaware with its neighbors in our Maryland, Pennsylvania and New York guides, browse every state’s cannabis laws, or read our guide to federal marijuana law.

Neighboring state guides: Maryland · Pennsylvania · New Jersey · All state cannabis laws

General information about Delaware cannabis law as of October 2026, not legal advice.