Is Weed Legal in Delaware? DE Cannabis Laws (June 2023)

Illustration of Delaware rooster and Cape Henlopen state park in the back
Written by Nina Julia | Last updated: June 23, 2023

This article will inform you about the legal status of cannabis in Delaware. We will explore the different legal matters regarding marijuana in the state, such as possession limits, age requirements, cultivation, and many others. You will also learn more about delta-8 THC and how it can be a better alternative to cannabis in Delaware.

Delaware fully legalized marijuana on April 21, 2023. This means that marijuana for medical and recreational purposes is now fully legal in Delaware.

This state used to be critical of cannabis and had strict laws on its use. As other states moved forward, Delaware remained staunch in its stance that marijuana should only be used for medical purposes.

But in April 2023, HB 1 and HB 2 received supermajority votes, effectively passing both bills and legalizing marijuana for adult use. This officially makes Delaware the 22nd fully legal state.

Medical marijuana is available to marijuana cardholders. If you are a qualified patient, then you can apply for their medical marijuana program so you can have the right to buy marijuana for your condition.

Let us update our knowledge on the legal use of marijuana in Delaware with this post. Let’s begin.

Is Marijuana Legal in Delaware?

Yes, weed is fully legal in Delaware, not only for those with qualifying medical conditions but for adults aged 21 and older as well. This means that Delaware has legalized medical and recreational marijuana use.

Related: Where Is Marijuana Legal in the US?

Is Recreational Marijuana Legal in Delaware?

Yes. Delaware finally legalized marijuana for recreational use in April 2023. Possession of marijuana for personal use up to one ounce is now legal for adults aged 21 and older.

However, possession of more than an ounce up to less than 175 g is considered a misdemeanor. It can result in three months of incarceration or a fine of $575.

Is Medical Marijuana Legal in Delaware?

Yes. Medical marijuana is allowed in Delaware. With the state fully legalizing marijuana, residents, including non-registered patients, can now also use marijuana for medicinal use even without a card.

The only difference between being a registered and a non-registered medical marijuana patient is the amount they can possess. Registered patients can possess higher amounts of marijuana for medical use compared with the latter.

If you think you need more for your symptoms, then you need to register and present a medical marijuana card. You can apply for one if you’ve been diagnosed with a qualifying condition. The card will allow you to purchase different cannabis products from a dispensary, such as flowers, edibles, oils, concentrates, vapes, and more.

Penalties for Marijuana Possession in Delaware

Recreational marijuana is now legal in Delaware. Still, there are quite a few penalties that can be incurred for violations if you’re caught carrying more than an ounce. These are:

Violation Penalty
Possession of up to an ounce of marijuana (personal use) No penalty
Possession of 1 oz up to 175 grams Up to 3 months in jail

$575 fine

Possession of more than 175 grams Felony conviction


Distribution, sale, and manufacture (Personal use) Up to 25 years in jail

Is Weed Decriminalized in Delaware?

Delaware has decriminalized weed to some degree. Possessing up to one ounce has been decriminalized, which means no jail time or criminal record for first-time offenders.

What’s the Future of Cannabis Legalization in Delaware?

After many failed attempts, Delaware’s cannabis legalization is now a law and reality. The state now allows both medical and recreational marijuana.

The decriminalization of small amounts of marijuana (up to an ounce) has also been a small step in the right direction.

With these recent developments, Delaware joins the list of fully legal states, becoming the 22nd state to do so.

Delta 8 THC: A Better Alternative to Marijuana in Delaware?

Cannabis naturally produces trace amounts of a chemical known as delta-8 THC. The delta-8 THC you get in commercial products is typically synthetically converted from CBD because direct extraction is cost-prohibitive. Delta-8 THC can get you high, but it’s not as potent as delta-9.

Marijuana and delta-8 THC tend to provide comparable levels of sedation and analgesia. Delta-8 also tends to generate fewer cognitive distortions, such as an altered sense of time, problems with short-term memory, and trouble concentrating, even though it seems to cause slightly lower levels of euphoria.

Delta 8 vs. Delta 9

The only distinction between Delta 8 and Delta 9 THC is the location of the double bond, which occurs when a particular carbon atom in the chain has two bonds. Delta 8 has a double-bonded eighth carbon atom in its chemical structure, while Delta 9 has a double-bonded ninth carbon atom.

This subtle difference makes delta-8 THC about 50% as potent as delta-9. You’d need to double your dose of delta-8 to experience the same intensity of effects as with weed.

Cons of Delta 9 THC from Marijuana

Low and moderate doses of delta-9 THC can make you relaxed and relieve stress and pain. Using smaller amounts of weed regularly can even improve your cognitive function.

Larger doses will get you high, altering your perception of time and surroundings, inducing euphoria, and increasing your appetite.

When you get too high, THC may reveal its biphasic nature, making you feel anxious and paranoid. Your heart rate will also increase, so you may start to breathe faster and even experience a panic attack.

That’s why sensitive cannabis users are turning to hemp-derived delta-8 THC.

Effects of Delta 8 THC

Delta-8-THC has euphoric effects that are comparable to those of delta-9-THC but less potent. Those who have tried it say that taking Delta 8 was an enjoyable and uplifting experience.

Delta-8 produces feelings of pleasure, relaxation, and possibly pain alleviation, but they’re a lot milder. The lesser potency can be a better choice for those who prefer to avoid a euphoric “high.”

Benefits of Delta 8 THC

Delta 8, when taken in appropriate doses, can produce therapeutic effects. The most common benefits of delta-8 THC are:

  • Anti-nausea
  • Appetite boost
  • Pain relief
  • Elevated mood
  • Neuroprotection

Is Delta 8 THC Legal in Delaware?

Delaware forbids the use of delta-8 THC. The state bans any substances or products that include even trace amounts of THC, no matter the form. Because of their illegal status, Delta 8 products aren’t sold anywhere in Delaware and cannot be shipped within the state.

Benefits of Buying Delta 8 THC Online

Since delta-8 THC is still prohibited in Delaware, you won’t buy it there. However, if you live in a state that accepts hemp-derived delta-8 products, the best deals are found online.

The benefits of buying delta-8 THC online include:

  • Lower prices
  • Seasonal discounts, reward programs, and subscription orders
  • Better transparency
  • Greater product choice
  • Fresher products
  • Greater convenience

Best Online Delta 8 THC Stores in Delaware

If you want to take a beeline and skip the research part, here are the two leading brands that offer third-party tested delta-8 products.

Area 52

Get 15% off all Area 52 products. Use code “CFAH” at checkout.

A Nevada-based manufacturer, Area 52 is known for its premium-quality delta-8 THC extracts. You can choose from various forms, including delta-8 THC tinctures, vape carts, candies, and pre-rolled joints. With 25–40 mg of delta-8 per serving, they are potent and also abundant in terpenes. Terpenes enhance the cognitive high and health advantages of THC, making a small amount go a long way.

You can visit Area 52’s website to see more of its products and offers.

Finest Labs

If you’re a newbie to using Delta 8, you might be a little confused about which to grab. If you want a little less variety, Finest Labs is the best store to visit. The tinctures and edibles from Finest Labs all contain up to 40 mg of delta-8 per serving. To let you customize the experience to your preferences and the time of day, the vape carts are also produced with strain-specific terpenes from Indica, Sativa, and hybrid cannabis.


Who can use medical marijuana in Delaware?

For a resident of Delaware to legally buy medical marijuana, a medical marijuana card is a requirement. To qualify, one must be diagnosed with one or any of the following conditions:

  • Terminal illness
  • Cancer
  • Positive status for HIV
  • Acquired Immune Deficiency Syndrome (AIDS)
  • Decompensated cirrhosis
  • Amyotrophic Lateral Sclerosis (ALS / Lou Gehrig’s Disease)
  • Agitation of Alzheimer’s disease
  • Post-traumatic Stress Disorder (PTSD)
  • Intractable epilepsy
  • Autism with self-injurious or aggressive behavior
  • Glaucoma
  • Chronic incapacitating migraines

Can you grow weed in Delaware?

No. Cannabis cultivation in Delaware is not permitted for patients or caregivers. Adult residents over the age of 21 are also not allowed to cultivate cannabis for personal use.

Can you smoke marijuana in public in Delaware?

Using marijuana in a public setting is prohibited. An unclassified misdemeanor punishable by a fine of up to $200 or up to five days in jail is the public use or consumption of one ounce or less of marijuana.

Can you travel with marijuana in Delaware?

Yes. You can travel or possess marijuana on your person in Delaware, as long as it’s less than an ounce. Traveling with marijuana across state borders remains illegal and can place you in legal trouble.

Is buying weed online an option in Delaware?

No. Buying weed online will not make it a safe buy. Shipping of marijuana into the state is not allowed; therefore, your shipment may just be caught and give you legal problems.

Is CBD oil from hemp legal in Delaware?

In Delaware, CBD products are legitimate. Delaware adheres to the 2018 Farm Bill’s federal regulations. Look for goods made from hemp and with less than 0.3% THC if you want to purchase CBD items in this state.

Related: Is CBD Legal in Delaware?

Buying Weed in Delaware: Bottom Line

Weed is legal in Delaware for medical and recreational purposes. To legally obtain medical marijuana, you will need a medical marijuana card. Therefore, you should be checked by a licensed physician who has diagnosed you with any of the qualifying conditions.

As for recreational marijuana, you need to be of legal age (21 years and older) and a resident of Delaware. You also need to present a valid ID when buying weed in the state.

Possessing an ounce of marijuana should be okay. But carrying and possessing more than this amount on your person and in your residence can land you in heaps of legal problems.

Nina created following the birth of her second child. She was a science and math teacher for 6 years prior to becoming a parent — teaching in schools in White Plains, New York and later in Paterson, New Jersey.