Cannabis Legalization and Regulation in Delaware
Delaware legalized adult-use cannabis in April 2023 when lawmakers overrode the governor’s veto. Adults 21 and older may legally possess up to 1 ounce of cannabis flower, 12 grams of concentrates, or cannabis products containing up to 750 milligrams of THC. Home cultivation is not permitted under current law. Public consumption is prohibited, and impaired driving remains illegal.
Retail cannabis sales are not yet active. The Delaware Office of the Marijuana Commissioner is responsible for creating and implementing the adult-use licensing system for cultivators, manufacturers, testing labs, and retailers. The first retail licenses are expected to be issued in 2025. Social equity provisions are built into the law to provide opportunities for applicants from communities disproportionately affected by prohibition.
Delaware’s medical cannabis program, established in 2011, remains in effect. Registered patients with qualifying conditions may purchase up to 3 ounces every 14 days (maximum 6 ounces per month) from licensed compassion centers. Medical patients benefit from broader access, protections, and tax exemptions.
Hemp and hemp-derived CBD products are legal in Delaware if they contain no more than 0.3% THC. Intoxicating hemp cannabinoids, including delta-8 THC, are treated as cannabis products and must go through the regulated system once retail sales begin. All products must meet testing, labeling, and packaging requirements.
For cannabis operators, Delaware presents a developing opportunity as the adult-use program is built out. Banks and financial services providers will require detailed compliance documentation, including license verification, ownership disclosures, tax IDs, operating agreements, and financial statements. Cash-intensive operators should prepare secure armored transport, reconciled deposits, AML/BSA monitoring, and tax compliance systems. Establishing audit-ready recordkeeping and transparent financial practices will be essential to maintaining stable banking relationships.
The Delaware Office of the Marijuana Commissioner regulates adult-use cannabis, while the Delaware Department of Health and Social Services oversees the medical program. For official program details, licensing updates, and compliance resources, visit:
Office of the Marijuana Commissioner
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