Delaware

Delaware's Marijuana Control Act (HB 1/HB 2, 2023) legalized possession of a personal use quantity and 'adult sharing' — transferring up to one ounce between adults 21+ without remuneration under 16 Del. C. § 4764 — and seeds fall within the marijuana definition, so gratuitous transfer or possession within that limit avoids penalty. However, home cultivation remains illegal for both adult-use consumers and medical patients, so germinating any seed is criminal cultivation, and licensed retail stores (open since Aug. 1, 2025) are not authorized to sell seeds or plants to consumers, making any seed sale an unlicensed marijuana sale. Hemp seed may be planted only under the Delaware Department of Agriculture's USDA-approved Domestic Hemp Production Program (3 Del. C. ch. 28).