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Is Marijuana Legal in Delaware 2025
Updated 14/08/2025
Is Marijuana Legal in Delaware 2025?
Marijuana is legal for both recreational and medical use in Delaware as of April 21, 2023. Adults aged 21 and older may legally possess and consume marijuana within state guidelines. Following the passage of House Bills 1 and 2 in 2023, Delaware began issuing licenses for retail and hybrid retail/medical marijuana businesses. Licensed retail sales are projected to begin on August 1, 2025, marking a significant milestone in the state’s regulated cannabis marketplace.
Delaware Marijuana Possession Laws
In Delaware, adults can legally possess up to one ounce of marijuana for personal use without facing criminal penalties. Possession of more than one ounce but less than 175 grams is considered an unclassified misdemeanor, potentially escalating to a class B misdemeanor if aggravating factors are involved. Possession amounts exceeding this range can lead to more severe felony charges, depending on the weight and presence of aggravating factors.
Delaware Marijuana Cultivation Laws
Cultivating marijuana for personal or medical use remains illegal in Delaware. All medical cannabis must be purchased from a state-approved dispensary. Unauthorized cultivation can lead to significant legal consequences, including felony charges depending on the number of plants or total weight of cannabis produced.
Delaware Marijuana Penalties
Penalties for marijuana-related offenses in Delaware vary by the nature and severity of the offense. Simple possession can result in fines, while more severe offenses such as distribution or cultivation may lead to imprisonment. Delaware law also includes potential aggravating factors that can increase penalties, such as proximity to schools or involvement of minors.
Who can recommend medical marijuana in Delaware?
Only licensed physicians with a relationship to the patient can recommend medical marijuana in Delaware. These physicians must be registered with the state’s medical marijuana program to legally recommend cannabis for treatment of approved medical conditions.
Common Questions about Delaware Marijuana Laws
Can you smoke marijuana in public in the state of Delaware? 
No, smoking or vaping marijuana in public places is prohibited in Delaware. Violations can lead to a fine of $100.
Can anyone go to a dispensary in Delaware?
Not immediately. While medical marijuana cardholders can currently purchase cannabis from dispensaries, recreational sales will only begin once retail licenses are issued, expected in late 2023 or early 2025.
Is marijuana a felony in Delaware?
Marijuana possession can escalate to a felony depending on the amount possessed and the presence of aggravating factors. For example, possession of more than 175 grams is treated as a felony.
What happens if you get caught with marijuana in Delaware?
If caught with less than one ounce, it's a civil penalty. Amounts greater than this can lead to misdemeanor or felony charges, depending on the quantity and circumstances.
How much is a possession of marijuana ticket in Delaware?
Possession of less than one ounce of marijuana results in a civil penalty, which can be fined up to $100.
Are edibles legal in Delaware?
Yes, marijuana edibles are legal in Delaware for both medical and recreational use, following the same possession limits as other forms of cannabis.
Is CBD legal in Delaware?
Yes, CBD oil derived from hemp is legal in Delaware and available for purchase throughout the state.