Cannabis in Delaware

Delaware legalized adult-use cannabis in April 2023, when Governor John Carney let HB 1 and HB 2 become law without his signature, but stores could not sell to adults without a medical card until August 1, 2025. That morning the state's existing medical dispensaries, called compassion centers, began serving customers 21 and older under conversion licenses. The Office of the Marijuana Commissioner (OMC) reported more than $903,000 in combined adult-use and medical sales over the first three-day weekend.

In September 2026 the OMC list showed 14 dispensary locations run by six operators, all of them selling to both patients and adults: AYR Wellness (Wilmington, Smyrna, Rehoboth Beach), Fresh Delaware (Newark, Milford, Seaford), The Farm (Felton, New Castle, Frankford), Thrive (Wilmington, Lewes), Best Buds (Dover, Georgetown) and Field Supply Cannabis & Provisions (Wilmington). More are on the way. A December 2024 lottery awarded 125 new licenses, including 30 retail licenses with half reserved for social equity applicants, and the OMC activates them one by one as owners pass background checks and final inspections.

The legal personal-use quantity is 1 ounce of leaf, 12 grams of concentrate, or cannabis products containing up to 750 mg of THC. Adult-use purchases carry a 15% retail marijuana tax, which stands alone because Delaware has no general sales tax; registered patients who show their card pay nothing. Growing at home is not allowed, since all plants must be grown by licensed cultivators. Consuming cannabis anywhere the public can access, or in a vehicle, is illegal, which rules out the boardwalks at Rehoboth and Lewes. Out-of-state medical cardholders can also buy, according to the OMC.