Is Weed Legal in Delaware?

Recreational Cannabis Laws

In Delaware, recreational cannabis was legalized on April 23, 2023, when Governor John Carney signed the legislation into law. This law allows adults aged 21 and older to possess and use cannabis for recreational purposes. The legislation permits the sale of cannabis through licensed dispensaries and establishes a regulatory framework for the cultivation, distribution, and sale of cannabis products. The law aims to regulate the cannabis market, ensure public safety, and generate tax revenue for the state.

Purchase Limits

Under Delaware law, adults can purchase up to 1 ounce (28 grams) of cannabis flower per transaction. Additionally, individuals are allowed to buy up to 5 grams of cannabis concentrates and up to 100 milligrams of THC in edible products per transaction. These limits are designed to ensure responsible consumption and to prevent over-purchasing.

Possession Limits

In Delaware, individuals are legally allowed to possess up to 1 ounce (28 grams) of cannabis in public. At home, adults can possess larger amounts, typically up to 5 ounces (140 grams) for personal use. It is important to note that possession limits apply to both recreational and medicinal users, although medicinal users may have different allowances under their specific medical cannabis programs.

Home Growing

Delaware law currently does not permit individuals to cultivate cannabis plants for personal use. All cannabis must be purchased from licensed dispensaries. There are ongoing discussions about the potential for home cultivation in future legislation, but as of now, home growing remains prohibited.

Where to Buy

Delaware has established a regulated market for the sale of recreational cannabis, with approximately 10 licensed dispensaries operating in the state. These dispensaries are required to obtain a license from the Delaware Division of Professional Regulation. Consumers can find dispensaries through the state’s official website or by searching online for licensed cannabis retailers in their area. Each dispensary must adhere to strict regulations regarding product safety, labeling, and sales practices.

Public Consumption

Public consumption of cannabis is generally prohibited in Delaware. This includes consumption in public parks, on sidewalks, and in other public spaces. Cannabis use is also not allowed in bars, restaurants, or hotels unless specifically permitted by the establishment. Violating public consumption laws can result in fines or other penalties. It is advisable for users to consume cannabis in private residences or designated private areas to avoid legal issues.

Driving Laws

Driving under the influence of cannabis is illegal in Delaware. The state has established a per se limit of 5 nanograms of THC per milliliter of blood for drivers. Penalties for DUI can include fines, license suspension, and possible jail time, depending on the severity of the offense and whether it is a repeat violation. Additionally, Delaware law prohibits open containers of cannabis in vehicles, similar to regulations for alcohol.

Important Restrictions

• Federal law implications: Cannabis remains illegal under federal law, which can lead to complications for users, especially regarding employment and travel.
• Crossing state/country borders: Transporting cannabis across state lines or international borders is illegal, regardless of the legality of cannabis in either jurisdiction.
• Workplace drug testing: Employers in Delaware retain the right to conduct drug testing and enforce workplace policies regarding cannabis use, which may include termination for positive tests.
• Landlord restrictions: Landlords may prohibit cannabis use on their properties, even if the tenant is legally allowed to possess and use cannabis under state law.