Delaware Legalization

Status

Legalized

Takes Effect:

2023

Democratic Governor John Carney announced on April 21, 2023 that he would let a pair of adult-use legalization bills — House Bill 1 and House Bill 2 — become law without his signature.

ADULT-USE POSSESSION LIMITS

  • Flower: 1 oz
  • Concentrate: 12 g
  • Edibles: (cannabis products containing Delta-9) that do not exceed 750 milligrams

HOME CULTIVATION

  • No

STATE-LICENSED RETAILERS OPERATIONAL

  • No. Regulators must begin accepting business license applications by August 1, 2024. Regulators must begin accepting cultivation licenses by October 1, 2024.

THC LIMITS ON COMMERCIALLY AVAILABLE PRODUCTS

  • 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