Delaware Legalization

Status

Legalized

Became Law:

2023

ADULT-USE POSSESSION LIMITS

  • Flower: 1 oz
  • Concentrate: 12 g
  • Edibles: 750 mg THC

HOME CULTIVATION

  • No

STATE-LICENSED RETAILERS OPERATIONAL

  • Yes. Licensed medical cannabis dispensaries received dual licensure to sell cannabis products to adults beginning August 1, 2025.

THC LIMITS ON COMMERCIALLY AVAILABLE PRODUCTS

  • No

EDIBLES SERVING SIZE LIMITS

  • Serving: 10 mg
  • Package: 100 mg

DELIVERY

  • No

EMPLOYMENT PROTECTIONS FOR OFF-THE-JOB CONSUMPTION

  • No

PROCESS TO EXPUNGE/SEAL PAST CONVICTIONS

  • Yes. Separate legislation enacted in 2018 “provides mandatory expungement eligibility to individuals who were convicted of the possession [of one ounce or less], use or consumption of marijuana prior to Delaware’s decriminalization of these offenses.”

PER SE TRAFFIC SAFETY LIMITS

  • Yes

PENALTIES FOR PUBLIC CONSUMPTION

  • Yes