Medical Only
Florida
Per physician certification; smokable flower is capped at 2.5 oz per 35-day supply
Age 18+View Guide →
Delaware
RecreationalLegal Status
Recreational
Possession Limit
1 oz in public
Minimum Age
21+
Dispensaries
Open
Overview
Delaware legalized adult-use possession in 2023, and licensed adult-use sales began in 2025 under the Office of the Marijuana Commissioner. Adults 21+ may possess up to one ounce of flower, along with smaller amounts of concentrate and edibles. Home cultivation is not permitted for adult-use consumers. Delaware is one of a few adult-use states with a home-grow ban. The state's long-running medical program continues alongside the adult-use market.
Last reviewed October 2026. General information, not legal advice.
What's Legal
Public consumption is a civil infraction; consumption on private property is permitted.
Possession Limits
1 oz in public
Home Growing
Not permitted
Penalties
Adult-use cannabis is legal in Delaware. Consuming in prohibited public spaces or exceeding possession limits may still result in a civil fine.
Driving and Cannabis
Driving while impaired by cannabis is illegal in Delaware, as it is in every state, whether or not the cannabis was obtained legally. Officers may rely on field sobriety tests, drug recognition evaluations, and blood tests, and some states set specific THC limits or zero-tolerance rules. Consuming cannabis in a vehicle and carrying open or unsealed packages where the driver can reach them are commonly prohibited. If you have used cannabis, the safest choice is not to drive.
Crossing State Lines and Federal Law
Taking marijuana across state lines is illegal under federal law, even between two states where cannabis is legal, and it may also violate the law of the state you enter. Marijuana is also prohibited on federal land, in national parks, and at airports under TSA jurisdiction. In 2026 the federal government moved FDA-approved products and state-licensed medical marijuana to Schedule III, but adult-use marijuana remains a Schedule I substance, and rescheduling does not legalize interstate transport. Separate federal changes to the legal definition of hemp take effect in late 2026 and will restrict many intoxicating hemp-derived THC products.
Delaware Cannabis FAQ
Is cannabis legal in Delaware?
Yes. Adult-use (recreational) cannabis is legal in Delaware for adults 21 and older. Possession limit: 1 oz in public.
Can you grow cannabis at home in Delaware?
Not permitted.
How old do you have to be to buy cannabis in Delaware?
The minimum age for adult-use purchases in Delaware is 21.
Are dispensaries open in Delaware?
Yes. Licensed dispensaries are operating in Delaware.
Can you use cannabis in public in Delaware?
Public consumption is a civil infraction; consumption on private property is permitted.
Compare Delaware with every other state in our cannabis laws comparison table.
Official Resource
Cannabis laws change often, and limits, penalties, and program rules can differ from what is summarized here. This page is general information, not legal advice. Before you rely on any detail, check the official state source below or consult a licensed attorney in Delaware.
Visit Official Site →