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Delaware cannabis rules: what to know and how to check

In Delaware, adults 21 and older can buy cannabis from stores licensed by the Office of the Marijuana Commissioner (OMC). Adult-use sales began on August 1, 2025. Check that the store is on OMC’s list of dispensaries before you buy. Home grow is not allowed, and licensed stores can’t deliver to adult customers.

Checked against the Office of the Marijuana Commissioner (OMC) and Delaware law on . Next review: .

CHSA does not test, certify or endorse products or retailers.

Official source

Delaware’s cannabis regulator: Office of the Marijuana Commissioner (OMC)

These links go to the regulator’s own website. CHSA does not copy or host license records, so you always see the official, current version.

What’s different in Delaware

Adult-use sales in Delaware began on August 1, 2025. The first stores were the state's medical marijuana dispensaries (called compassion centers), which got licenses to also sell to adults. These stores must keep serving medical patients first. One state agency, the Office of the Marijuana Commissioner (OMC), licenses businesses and runs the Medical Marijuana Program.

There is no home grow in Delaware, for adults or for medical patients. Licensed stores can't deliver to adult customers or sell online, but you can pre-order online and pick up in the store. Only registered medical patients can get home delivery. State officials have warned that anyone offering adult-use delivery is operating illegally.

Using cannabis in public or in a moving vehicle is against the law. "Public" includes outdoor spots within 10 feet of a sidewalk, street or building entrance. Taking cannabis across state lines or mailing it is illegal.

A town or city can ban marijuana businesses. Counties can limit where stores go and their hours, but state law sets limits on those county rules.

Hemp products follow different rules. OMC warns that THC products sold at gas stations and convenience stores are not tested like licensed products. A 2026 law (HB 373) sets new rules for THC-infused drinks. The Delaware Code shows new infused-beverage sections taking effect October 21, 2026.

Licensed does not mean risk-free. Licensed products must be lab-tested before they reach a store, and state rules let OMC order recalls.

Delaware rules at a glance

These are the main state rules for adult-use cannabis. Towns, cities and counties can add their own rules. Numbers in brackets link to the law or the regulator’s rules.

Delaware rules, with sources
Topic The rule Source
Minimum age 21 and older for adult use. Stores must check a government photo ID. Registered medical marijuana cardholders can also buy; patients 18 and older can apply for a card, and younger patients can apply with a parent's consent. [1] 4 DE Admin. Code 5001 §6.5.1.3, §6.5.3.6; 4 Del.C. §1306, §1332(f)(2); OMC medical application page
How much you can have Adults 21 and older may have up to a "personal use quantity": 1 ounce of leaf marijuana (dried flower), 12 grams of concentrate, or cannabis products with up to 750 mg of delta-9 THC. Adults may share that amount with other adults if no money changes hands. In a car, it must be in a closed container or out of reach. A store can't sell you more than this amount in one sale. Registered medical patients may have up to 6 ounces. [2] 16 Del.C. §4701(36); 16 Del.C. §4764A(a)–(b); 4 Del.C. §1332(f)(1); 16 Del.C. §4903A(a)
Growing at home Not allowed. Growing cannabis without a state license is still illegal. This also applies to medical patients and their caregivers. [3] 16 Del.C. §4764A(c)(2); OMC FAQ (Legal; Medical Marijuana Program)
Delivery No adult-use delivery. Licensed stores may not sell online or deliver to anyone who isn't in the store. Online pre-orders for pickup are allowed. Registered medical patients may get home delivery from licensed dispensaries. [4] 4 Del.C. §1332(j)(3); 4 DE Admin. Code 5001 §6.5.2.8–6.5.2.9; DATE scam alert (Oct. 16, 2025)
Required lab tests Before it reaches a store, all cannabis must be tested by a lab licensed by OMC. Flower is tested for THC, CBD and other cannabinoids (including delta-8 THC), foreign matter, microbes (including mold, yeast and E. coli), heavy metals (lead, mercury, arsenic, cadmium), pesticides and water activity. Concentrates are also tested for solvents. Edibles are also checked against the THC and CBD amounts they claim. Vape products are also tested for additives such as vitamin E acetate. [1] 4 DE Admin. Code 5001 §11.1–11.2; 4 Del.C. §1331(14)(d)
Labels Labels must show the state's universal symbol (at least ½ by ½ inch), the warning "For use by adults 21+. KEEP OUT OF REACH OF CHILDREN!", health warnings, the batch number, who grew or made it and which store sold it, the main cannabinoids and terpenes, the harvest or production date, and the Delaware Poison Control Center phone number. Edible labels must warn that effects may be delayed by 2 or more hours. Stores must give you a copy of the lab's certificate of analysis if you ask. [1] 4 DE Admin. Code 5001 §9.2, §9.3.3; 4 Del.C. §1331(13)
Packaging Packages must be child-resistant and tamper-evident. Products with more than one serving must come in a resealable child-resistant package. Packages and labels can't use neon colors, cartoons, fruit, animal or toy shapes, celebrities, or the word "candy". Stores must give a written child-safety notice with every sale and offer locking storage containers for sale. [1] 4 DE Admin. Code 5001 §9.1, §9.7, §9.8; 4 Del.C. §1331(13)(i)
Edible THC limits Edibles may have up to 10 mg of THC per serving and up to 100 mg per package. Each serving must be marked and easy to separate. Edibles can't be shaped like candy, fruit, animals, people or cartoons. [4] 4 Del.C. §1331(13)(b)–(c), (14)(a) (and §1331(13)(c) as effective Oct. 21, 2026); 4 DE Admin. Code 5001 §8.1.3.6, §8.2, §9.3.1 (as amended, June 2026 Register)
Poison control Poison Control Center at Children's Hospital of Philadelphia (serves Delaware): 1-800-222-1222 . Free, confidential, 24/7. Call 911 if someone has trouble breathing or won’t wake up. www.chop.edu

Delaware recalls

We did not find a public recall list on OMC’s website. State rules let OMC order a recall, for example when a product fails a required test or isn’t labeled correctly, and OMC must then notify the public. 1 CHSA does not monitor Delaware recalls yet. If you think a product made you sick, call Poison Help, then tell OMC.

How Delaware compares

Compare Delaware with the other states CHSA covers.

Sources

  1. 4 DE Admin. Code 5001, Regulations of the Office of the Marijuana Commissioner (final order, June 2026 Register) Delaware Office of the Marijuana Commissioner (OMC), Delaware Register of Regulations · Published · Retrieved
  2. Delaware Code Title 16, Chapter 47 (Uniform Controlled Substances Act), Subchapter I Delaware General Assembly, Delaware Code Online · Retrieved
  3. Delaware Code Title 16, Chapter 47 (Uniform Controlled Substances Act), Subchapter IV Delaware General Assembly, Delaware Code Online · Retrieved
  4. Delaware Code Title 4, Chapter 13 (Delaware Marijuana Control Act), Subchapter III Delaware General Assembly, Delaware Code Online · Retrieved
  5. Delaware Launches Legal Adult-Use Cannabis Sales Today Delaware Department of Safety and Homeland Security (news.delaware.gov) · Published · Retrieved
  6. Office of the Marijuana Commissioner (home page) Delaware Office of the Marijuana Commissioner (OMC) · Retrieved
  7. Dispensaries Delaware Office of the Marijuana Commissioner (OMC) · Retrieved
  8. Frequently Asked Questions Delaware Office of the Marijuana Commissioner (OMC) · Retrieved
  9. SCAM ALERT: Illegal Operation Impersonating Licensed Marijuana Dispensary Delaware Division of Alcohol and Tobacco Enforcement (news.delaware.gov) · Published · Retrieved
  10. Delaware Code Title 4, Chapter 13 (Delaware Marijuana Control Act), Subchapter I Delaware General Assembly, Delaware Code Online · Retrieved
  11. Delaware Code Title 4, Chapter 13 (Delaware Marijuana Control Act), Subchapter IV Delaware General Assembly, Delaware Code Online · Retrieved
  12. Delaware Code Title 16, Chapter 49A (The Delaware Medical Marijuana Act) Delaware General Assembly, Delaware Code Online · Retrieved
  13. Medical Marijuana Program: Application Process Delaware Office of the Marijuana Commissioner (OMC) · Retrieved
  14. Medical Marijuana Updates Delaware Office of the Marijuana Commissioner (OMC) · Retrieved
  15. OMC Legislative Updates: 153rd General Assembly Delaware Office of the Marijuana Commissioner (news.delaware.gov) · Published · Retrieved
  16. Contact Us Delaware Office of the Marijuana Commissioner (OMC) · Retrieved
  17. Poison Control 101 Poison Control Center at Children's Hospital of Philadelphia (CHOP) · Retrieved

CHSA does not test, certify or endorse products or retailers.