Delaware Goes Green: Everything You Need to Know About Cannabis Laws in the First State

As Delaware embraces the legalization of cannabis, many are eager to understand the ins and outs of its legal landscape. From recreational and medical marijuana laws to the rules around possession, sales, and travel, Delaware's cannabis regulations are shaping up to offer new opportunities while maintaining key restrictions. Whether you're curious about how much cannabis you can carry, where to purchase it, or how past convictions are handled, this guide will walk you through everything you need to know about cannabis in the First State. Dive in to stay informed and compliant with Delaware’s evolving cannabis laws!

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Is Cannabis Legal in Delaware?

Yes, medical and recreational adult-use cannabis is legal in Delaware.

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When Did Delaware Legalize Cannabis?

Delaware legalized cannabis in April 2023, when Governor John Carney (D) allowed HB 1 and HB 2 to become law without his signature. 

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What Is the Legal Consumption Age for Cannabis in Delaware?

The legal consumption age for cannabis in Delaware is 21 years old. Individuals aged 21 and older are legally allowed to possess, use, purchase, or transport up to 1 ounce of cannabis under the Delaware Marijuana Control Act. HB 1 legalized the possession of up to one ounce of cannabis for adults aged 21 and older, while HB 2 set the framework for regulating and taxing cannabis sales in the state.

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Where Can I Legally Purchase Cannabis in Delaware?

As of now, you can only legally purchase cannabis in Delaware from medical marijuana dispensaries, as recreational cannabis retail sales have not yet started. There are about 11 medical marijuana dispensaries across the state where you can buy cannabis if you have a Delaware-issued medical marijuana card. Recreational dispensaries are expected to open in 2025, after receiving state licenses to sell cannabis.

To buy cannabis at a dispensary in Delaware, you must be a registered medical marijuana patient and show your medical marijuana card along with a government-issued ID. Recreational cannabis sales have not yet been licensed, so only medical marijuana is available for purchase.

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What Is the Legal Amount of Cannabis to Carry in Delaware?

In Delaware, an individual who is 21 years of age or older may legally carry up to a "personal use quantity" of cannabis. This is defined as:

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• 1 ounce or less of marijuana in leaf form
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• Up to 12 grams of concentrated cannabis
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• Cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol (THC)

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What Is the Legal Amount of Cannabis to Sell in Delaware?

A retail marijuana store may not sell more than 1 ounce of retail marijuana or its equivalent in retail marijuana products during a single transaction to an individual. This includes:

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• Up to 1 ounce of retail marijuana
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• A proportionate amount of marijuana concentrate or non-psychoactive products, such as ointments and lotions

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How Much Tax Will I Pay on Cannabis in Delaware?

In Delaware, you will pay a 15% excise tax on retail cannabis sales. This tax was implemented in April 2023, but sales are not expected to begin until March 2025, as licenses for cultivation and retail are still being processed. Keep in mind that additional state or local taxes might apply depending on the final structure once sales begin.

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What Cannabis Products Are Available in Delaware?

Adult-use cannabis customers in Delaware will have access to a wide variety of products once recreational sales begin in 2025. Here's a breakdown of the cannabis products that will be available:

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• Flower: The classic form of cannabis flower is dried and cured buds from the cannabis plant, commonly smoked in joints, pipes, or vaporizers.
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• Vapes: Vaporized cannabis products offer a smokeless experience, allowing users to inhale cannabis vapor rather than smoke. These are popular for their convenience and discretion.
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• Edibles: Edible cannabis products, such as gummies, chocolates, and baked goods, provide a tasty and discreet way to consume cannabis. They take longer to take effect but tend to produce longer-lasting results.
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• Tinctures: Tinctures are liquid cannabis extracts that are usually taken sublingually (under the tongue) for faster absorption. They are a great option for users seeking precise dosing.
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• Capsules: Cannabis capsules provide a controlled dose of cannabis in a convenient pill form, offering a smoke-free alternative for users seeking consistent effects.
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• Concentrates: Concentrates include a variety of potent cannabis extracts, such as shatter, wax, and oils. These are typically used by more experienced users who prefer stronger effects.

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With this range of products, Delaware consumers will have plenty of options to find the cannabis experience that suits their preferences.
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Does Delaware Grant Cannabis Licenses to Native American Tribes?

The Delaware Marijuana Control Act and the regulations established by the Office of the Marijuana Commissioner do not include provisions that specifically address or grant cannabis licenses to Native American tribes. Instead, cannabis licenses are issued to individuals, businesses, and entities that meet the criteria outlined in Delaware's cannabis licensing framework, which includes retail, cultivation, and manufacturing licenses for social equity businesses and microbusinesses. Native American tribes would need to follow the same application process as other entities to apply for a cannabis license in the state.

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Can I Grow Cannabis Plants at Home in Delaware?

No, you cannot grow cannabis plants at home in Delaware. Under both the recreational and medical marijuana laws in the state, home cultivation of cannabis remains illegal. Even authorized medical marijuana patients are not permitted to grow their own plants and must purchase cannabis from licensed dispensaries.

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How Does Cannabis Consumption Impact My Employment in Delaware?

Cannabis consumption in Delaware, even though legalized for recreational use, can still impact your employment. Here’s what you need to know:

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1. Employer Policies: Employers in Delaware can maintain drug-free workplace policies, meaning they can still prohibit the use of marijuana at work. Just like with alcohol or cigarettes, employers can restrict marijuana use or possession during work hours and on company property.

2. Pre-Employment Screening: Employers are allowed to exclude candidates who use marijuana recreationally through pre-employment drug screenings. Even though recreational cannabis is legal, this does not prevent companies from choosing not to hire someone who tests positive for marijuana.

3. Medical Marijuana: Delaware law protects medical marijuana cardholders from discrimination. Employers cannot refuse to hire or penalize an employee simply because they hold a medical marijuana card or test positive for medical cannabis use. However, exceptions may apply if hiring a medical marijuana user would cause the employer to lose federal funding or licensing.

4. Impairment on the Job: Employers can take action if an employee appears impaired at work. If an employee seems intoxicated, employers can document the behavior, remove the employee from the workplace, and take disciplinary action if necessary. Random or post-accident drug testing is also allowed.

While recreational marijuana is now legal in Delaware, it’s essential to understand that employers have the right to enforce workplace policies that prohibit its use, ensuring safety and productivity in the workplace.

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What Are the Rules for Traveling with Cannabis in Delaware?

When it comes to traveling with cannabis in Delaware, there are some important rules you need to follow. Here's a breakdown of what you should know:

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1. Flying with Cannabis: You cannot fly with cannabis, even if it's legal in the state you're departing from or landing in. Under federal law, marijuana remains illegal, and airports fall under federal jurisdiction. If TSA agents find cannabis during security screenings, they will refer the matter to local law enforcement.

2. Taking Cannabis on a Train: Similar to flying, you cannot take cannabis on a train, including Amtrak, regardless of whether you're traveling within or outside of Delaware. Cannabis remains prohibited under Amtrak's policies, even in states where it is legal.

3. Driving with Cannabis: You can legally drive with cannabis within Delaware, as long as you have no more than the state's legal possession limit (1 ounce of cannabis or equivalent). However, it's illegal to consume cannabis while driving or to have it readily accessible in the car. Cannabis should be stored in a closed container.

4. Crossing State Lines: It's illegal to transport cannabis across state lines, even if you're traveling between states where marijuana is legal. Under federal law, moving cannabis across state borders is prohibited, and this includes both medical and recreational cannabis.

5. Cannabis in Restricted Municipalities: While some Delaware municipalities may prohibit cannabis businesses, this doesn’t affect your right to possess the legal amount of cannabis. You can still carry it with you, as long as you're not consuming it in public or while driving.

Remember, while cannabis is legal in Delaware for adults, these rules are in place to ensure compliance with both state and federal laws. Always be cautious and informed when traveling with cannabis.

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How Are Past Cannabis Convictions Handled in Delaware?

Past cannabis convictions are handled through a process of expungement, allowing individuals with certain marijuana-related offenses to clear their records. Here's how it works:

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• Expungement for Misdemeanors: Individuals with past marijuana misdemeanors can petition for expungement. This means that these offenses can be removed from their criminal record after a certain period, making it easier to move forward without the stigma of a conviction.
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• Expungement for Non-Violent Felonies: Under Delaware's SB 37, individuals with up to two non-violent felony convictions can apply for expungement after seven years. However, not all felonies qualify. For example, violent felonies, certain drug offenses, and felonies involving physical or sexual assault are excluded from expungement.
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• Social Equity Considerations: Delaware also offers social equity licenses to individuals impacted by past cannabis-related offenses. To qualify, applicants must have at least 51% ownership in a business and meet specific criteria, such as being convicted of or adjudicated for a marijuana-related offense (except for the sale of cannabis to minors). This initiative aims to provide economic opportunities to those disproportionately affected by the War on Drugs.

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Delaware's expungement and social equity programs offer a pathway to clear records and participation in the growing cannabis industry, promoting fairness and second chances for those affected by past cannabis laws.

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Final Thoughts on Cannabis Laws in Delaware

As Delaware steps into a new era of cannabis legalization, there's never been a more exciting time to understand the ins and outs of the law. Whether you're gearing up for recreational sales in 2025 or exploring the medical marijuana market, staying informed is key. From possession limits to travel rules and workplace policies, navigating Delaware’s cannabis landscape is easier when you're equipped with the facts. So, get ready, stay compliant, and enjoy this green wave responsibly—Delaware is officially in the cannabis game! 

If you're involved in the cannabis industry or planning to start a venture, staying compliant with Delaware's regulations is crucial. To streamline your operations and manage your team more effectively, consider booking a demo with KayaPush. See how our platform can simplify HR, payroll, and compliance for your cannabis business, all in one place!