US State

Cannabis and hemp laws

Delaware

Recreational sales began August 2025

Adult use
Legal
Medical
Legal
Last reviewed
May 27, 2026

Delaware

Cannabinoid status board

All states and compounds

Delta-10 THC

Illegal

Limits

Delta-10 THC is treated as a Schedule I tetrahydrocannabinol isomer under 16 Del. C. § 4714 and is not authorized under the state hemp program at 3 Del. Admin. C. § 805. The only lawful channel for intoxicating cannabinoids is the Marijuana Control Act, where Office of the Marijuana Commissioner licensees produce, test, and sell within HB 1 possession caps.

Key law

16 Del. C. § 4714 (Schedule I, any tetrahydrocannabinols and isomers); 4 Del. C. Chapter 13 (Delaware Marijuana Control Act, HB 1 and HB 2, 2023); Office of the Marijuana Commissioner; 3 Del. Admin. C. § 805 (Domestic Hemp Production Program)

Effective

April 23, 2023

Full rules

Delta-8 THC

Illegal

Limits

Delta-8 THC is treated as a Schedule I tetrahydrocannabinol isomer under 16 Del. C. § 4714, with no FDA exemption available for chemically converted isomers. Hemp under 3 Del. Admin. C. § 805 is limited to 0.3 percent delta-9 THC by dry weight and the program does not authorize intoxicating delta-8 products. Adult-use cannabis sales through Office of the Marijuana Commissioner licensees opened August 1, 2025.

Key law

16 Del. C. § 4714 (Schedule I, any tetrahydrocannabinols and isomers); 4 Del. C. Chapter 13 (Delaware Marijuana Control Act, HB 1 and HB 2, 2023); Office of the Marijuana Commissioner; 3 Del. Admin. C. § 805 (Domestic Hemp Production Program)

Effective

April 23, 2023

Full rules

Delta-9 THC

Restricted

Limits

Hemp under 3 Del. Admin. C. § 805 is capped at 0.3 percent delta-9 THC by dry weight at the plant level. Intoxicating finished products are confined to the Marijuana Control Act channel under the Office of the Marijuana Commissioner. 4 Del. C. § 1335 caps licensed cannabis infused beverages at 10 milligrams total THC per container. HB 1 personal-use limits: 1 ounce of leaf, 12 grams of concentrate, or 750 mg of THC in infused products.

Key law

16 Del. C. § 4714 (Schedule I, any tetrahydrocannabinols); 4 Del. C. Chapter 13 (Delaware Marijuana Control Act, HB 1 and HB 2, 2023); 4 Del. C. § 1335 (manufacturing rules including infused-beverage cap); 3 Del. Admin. C. § 805 (Domestic Hemp Production Program); Office of the Marijuana Commissioner

Effective

April 27, 2023

Full rules

HHC

Illegal

Limits

HHC is treated as a Schedule I substance under 16 Del. C. § 4714. The state hemp program at 3 Del. Admin. C. § 805 limits hemp to 0.3 percent delta-9 THC by dry weight and does not authorize intoxicating hexahydrocannabinol products. The only lawful retail channel for intoxicating cannabinoids is the Marijuana Control Act through Office of the Marijuana Commissioner licensees.

Key law

16 Del. C. § 4714 (Schedule I, any tetrahydrocannabinols and synthetic cannabinoids); 4 Del. C. Chapter 13 (Delaware Marijuana Control Act, HB 1 and HB 2, 2023); Office of the Marijuana Commissioner; 3 Del. Admin. C. § 805 (Domestic Hemp Production Program)

Effective

April 23, 2023

Full rules

THCA

Illegal

Limits

High-THCA hemp flower is treated as a Schedule I tetrahydrocannabinol under 16 Del. C. § 4714. Hemp under Title 3 § 805 is capped at 0.3 percent delta-9 THC by dry weight, with no separate allowance for intoxicating THCA. Intoxicating cannabinoids are restricted to the licensed cannabis system under the Office of the Marijuana Commissioner.

Key law

16 Del. C. § 4714 (Schedule I); 4 Del. C. Chapter 13 (Delaware Marijuana Control Act, HB 1 and HB 2, 2023); Office of the Marijuana Commissioner; Department of Agriculture Title 3 § 805 (Domestic Hemp Production Program)

Effective

April 23, 2023

Full rules

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Delaware

Latest news and analysis

All news

August 7, 2026

Delaware Writes the East Coast Playbook for Taxed THC Drinks

Gov. Meyer signed a dual-channel THC drinks law: dispensaries and liquor stores both sell, with state packaging, testing and advertising rules attached.

Delaware’s THC Beverage Whiplash: HB 98 Paused in 2025—What Retailers Should Expect Next

Delaware paused HB 98 in 2025, leaving hemp-derived THC beverages in a regulatory gray zone outside the proposed alcohol and dispensary distribution channels.

Everything You Need to Know About Delaware’s Cannabis Rollout: Licensing, Compliance, and Market Insights

Delaware's adult-use cannabis market launched under House Bills 1 and 2, with personal possession of up to one ounce legal since April 23, 2023.

Delaware’s Cannabis Rollout: Everything Operators Need to Know to Stay Ahead of Compliance

Delaware's Marijuana Control Act sets licensing, inventory tracking, advertising, and labeling rules that operators must master to avoid fines and license loss.

August 7, 2026

Delaware Writes the East Coast Playbook for Taxed THC Drinks

Gov. Meyer signed a dual-channel THC drinks law: dispensaries and liquor stores both sell, with state packaging, testing and advertising rules attached.

Delaware’s THC Beverage Whiplash: HB 98 Paused in 2025—What Retailers Should Expect Next

Delaware paused HB 98 in 2025, leaving hemp-derived THC beverages in a regulatory gray zone outside the proposed alcohol and dispensary distribution channels.

Everything You Need to Know About Delaware’s Cannabis Rollout: Licensing, Compliance, and Market Insights

Delaware's adult-use cannabis market launched under House Bills 1 and 2, with personal possession of up to one ounce legal since April 23, 2023.

Delaware’s Cannabis Rollout: Everything Operators Need to Know to Stay Ahead of Compliance

Delaware's Marijuana Control Act sets licensing, inventory tracking, advertising, and labeling rules that operators must master to avoid fines and license loss.

FAQ

Common questions

Is marijuana legal in Delaware?

Recreational marijuana is legal in Delaware. Medical marijuana is legal.

Is THCA legal in Delaware?

Illegal outside the licensed cannabis system. Delaware treats any quantity of tetrahydrocannabinols, including isomers and salts, as a Schedule I controlled substance under 16 Del. C. § 4714.

Is delta-8 THC legal in Delaware?

Illegal outside the licensed cannabis system. Delaware's Uniform Controlled Substances Act, 16 Del. C. § 4714, lists as Schedule I any quantity of tetrahydrocannabinols, their salts, isomers, or salts of isomers that lack FDA approval.

Is hemp-derived delta-9 THC legal in Delaware?

Restricted. Delaware allows hemp cultivation under 3 Del. Admin. C. § 805 at or below 0.3 percent delta-9 THC by dry weight, but any intoxicating finished product is pushed into the licensed cannabis channel under 4 Del. C. Chapter 13.

This is general information, not legal advice.

Seed Legality

Delaware legalized marijuana but bans home grow; seeds may be shared within 1 oz yet cannot be sold or grown.
Hemp seeds
Restricted
Marijuana seeds
Restricted
Sale
Illegal
Transacting
Restricted
Gifting
Restricted

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).

Key law:
16 Del. C. §§ 4764, 4701; Delaware Marijuana Control Act (HB 1/HB 2, 2023); 3 Del. C. ch. 28
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
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