Cannabis in Delaware
Cannabis in Delaware is legal for medicinal and recreational use. Possession and use by adults 21 and older became legal on April 23, 2023, with the first licensed sales occurring on August 1, 2025.
Medical cannabis (2011)
In May 2011, Governor Jack Markell signed legislation allowing patients 18 and older to possess up to six ounces if they had certain qualifying medical conditions such as cancer, Alzheimer's disease, post-traumatic stress disorder, and conditions that cause intractable nausea, severe pain or seizures, among others.State data on patients who received marijuana cards in 2015 showed that the primary medical conditions being treated for cardholders were pain, muscle spasms, and cancer.
The first medical marijuana clinic in Delaware opened in Wilmington in June 2015. As of that date, some 340 Delaware residents held cards from the Delaware Health and Social Services, allowing them to purchase marijuana in order to treat their medical conditions. However, as of 2016, medical-marijuana cardholders still struggled to obtain approved cannabis.
The medical marijuana legislation provided that all three of the state's counties – New Castle, Kent, and Sussex – must have a licensed dispensary - known in Delaware as a Compassion Center - by January 1, 2013. However, only a single facility had opened as of 2016.
Decriminalization (2015)
In June 2015, Markell signed a law that decriminalized the possession of one ounce or less of marijuana by adults. Possession of marijuana remains a civil infraction that carries a $100 fine. The bill passed along party lines, with all Republican legislators opposing it. Under the legislation, it remains illegal for minors to possess cannabis. Additionally, smoking cannabis "in a moving vehicle, in public areas, or outdoors on private property within of a street, sidewalk or other area accessible to the public" is also a misdemeanor.The decriminalization bill took effect in December 2015.
Legalization proposals
There have been a few attempts to legalize marijuana in Delaware, starting in 2017 by State Rep. Helene Keeley, but such bills failed to receive the required number of votes in the Delaware legislature. Some Democratic colleagues abstained from the vote, citing concerns over the bill's cost.The most recent push to legalize Recreational marijuana in Delaware was picked up by State Rep. Ed Osienski, who attempted to get a bill passed during the 2020 general assembly session, but failed due to a lack of votes and because of the COVID-19 pandemic. Osienski reworked the bill to introduce it during the 2021 legislative session. Some of those changes included adding a 'social equity' and microbusiness license, through which Osienski says "they’ll get some additional help with applying and some reduction in fees."