State Law Tracker · Delaware

Cannabis and hemp law in Delaware

In Delaware, recreational cannabis is legal, medical cannabis is legal, and delta-8 THC is banned.

Last verified October 24, 2026 · Last major change October 2026

RecreationalLegal MedicalLegal Delta-8Banned

Is recreational cannabis legal in Delaware?

Legal. Legal for adults 21+ since April 2023, when HB 1 and HB 2 became law without the governor's signature; licensed retail sales began Aug. 1, 2025, with a 15% tax.

Is medical cannabis legal in Delaware?

Legal. Program since 2011; compassion centers with conversion licenses began adult sales Aug. 1, 2025. SB 226 (signed May 21, 2026; in effect May 21, 2027) requires health facilities to allow terminally ill patients' non-smoked, non-vaped use.

What are the rules for hemp products in Delaware?

HB 373 (signed July 23, 2026; in effect Oct. 21, 2026) allows THC drinks with only delta-9, up to 10 mg per single-serving container or 170 mg per 750 mL bottle, sold by licensed liquor and marijuana stores and authorized microbreweries.

Is delta-8 THC legal in Delaware?

Banned. Delaware's controlled substances law lists any tetrahydrocannabinols not approved by the FDA, including delta-8, in Schedule I; the 2026 THC-drink law (HB 373) authorizes drinks made only with delta-9.

What happens if you break the law in Delaware?

Adults 21+ may possess 1 oz of marijuana, 12 g of concentrate or products with 750 mg THC; more is an unclassified misdemeanor (up to 3 months in jail, fine up to $575); 175 g or more is a felony.

Is cannabis or hemp law changing in Delaware?

Changes pending. HB 373's THC-drink licenses and authorizations end automatically when the federal hemp redefinition in Public Law 119-37 takes effect, scheduled for Nov.-Dec. 2026.

Changes pending on this tracker: A bill, ballot measure, rule change or court case is in progress, or an enacted change has not yet taken effect.

Sources

  1. legis.delaware.gov/BillDetail/143145
  2. news.delaware.gov/2025/08/01/delaware-launches-legal-adult-use-cannabis-sales-today/
  3. news.delaware.gov/2026/07/16/omc-legislative-updates-153rd-general-assembly/
  4. delcode.delaware.gov/title16/c047/sc04/index.html
  5. legis.delaware.gov/BillDetail/142779
  6. delcode.delaware.gov/title16/c047/sc02/index.html
  7. legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=143145&docTypeId=13&sessionLawName=chp394
⚠︎ Federal law — affects every state A federal funding law signed in November 2025 (Public Law 119-37) narrows the legal definition of hemp, and a stopgap funding law signed September 2, 2026 (Public Law 119-103) split its start into two dates. On November 12, 2026, products containing cannabinoids that a cannabis plant cannot produce naturally, such as THC-O, fall outside it. The rest takes effect December 11, 2026, including the exclusion of chemically converted cannabinoids such as delta-8 made from CBD, a 0.3% limit measured as total THC (including THCA), and a limit of 0.4 milligrams of total THC per container. State rules apply on top of the federal law. Sources: Public Law 119-103, Sec. 2019 · Congressional Research Service · Akerman LLP
Informational summary drawn from state statutes, official program pages, and published reporting — sources linked per state. Not legal advice. Laws change quickly; verify with official state sources before acting. Spot an error? Request a correction — we fix mistakes promptly.
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