Delaware Marijuana Compliance

Delaware allows both recreational and medical marijuana. Adults 21 and older may possess up to one ounce of marijuana flower, 12 grams of concentrate, or cannabis products containing up to 750 milligrams of delta-9 THC. Licensed recreational sales began August 1, 2025.

Public consumption, marijuana use in vehicles, and home cultivation remain illegal. Businesses must have state authorization to grow, manufacture, or sell marijuana.

Below we cover information and commonly asked questions about legal marijuana in Delaware.

To register for a marijuana drug test, simply sign up using the button below. To register via phone, or if you have any questions, we can be reached at (888) 378-2499.

Get Started

This Information Is Not Intended for Legal Purposes

The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Since marijuana testing regulations can vary, we advise you to seek the guidance of expert legal counsel when creating your company's substance abuse screening program.

Delaware Marijuana Compliance

Delaware Marijuana Laws

Overall Status: Fully Legal

Delaware allows medical marijuana and adult-use marijuana within state possession limits. Public consumption and home cultivation remain prohibited.

Medical Marijuana: Legal

Delaware's medical marijuana law allows registered patients, including eligible minors, to possess up to six ounces of usable marijuana. Practitioners may certify diagnosed conditions that could benefit from medical marijuana. Patients 65 and older may self-certify; minors must meet additional requirements. Patients and caregivers cannot grow marijuana at home.

Employers generally cannot discriminate based on medical marijuana cardholder status or a registered patient's positive marijuana test. Exceptions include using, possessing, or being impaired by marijuana at work or during work hours, or situations where compliance would cost the employer a federal monetary or licensing-related benefit.

Decriminalized: Yes

Delaware decriminalized possession of small amounts in December 2015, replacing criminal penalties with civil fines. Adults 21 and older may now legally possess marijuana within the state's personal-use limits.

Recreational Marijuana: Legal

Delaware legalized recreational marijuana possession for adults 21 and older on April 23, 2023. Licensed recreational sales began August 1, 2025.

Last updated 10/28/2026

Frequently Asked Questions

Is marijuana legal in Delaware?

Yes. Adults 21 and older may possess marijuana within Delaware's personal-use limits. Registered medical patients, including eligible minors, may possess up to six ounces of usable marijuana under the medical marijuana law.

Are there any unique laws about marijuana in Delaware?

Yes. Public consumption, marijuana use in vehicles, and home cultivation are prohibited. Medical marijuana cards do not allow patients or caregivers to grow plants. Marijuana also cannot be taken across state lines.

What is Delaware's history with marijuana?

Delaware established its medical marijuana program in 2011. It decriminalized small amounts in December 2015 and extended decriminalization to people under 21 in July 2019. Recreational possession became legal in April 2023, followed by licensed recreational sales in August 2025.

Drug Panels That Exclude Marijuana

Urine Drug Panels That Exclude Marijuana Testing

Some of the popular drug panels that remove marijuana testing are listed below:

Also try taking a look at our comprehensive list of urine drug tests that exclude marijuana, where you'll find a complete list of drug tests that do not include THC testing under the "Exclude Marijuana" section.

Hair Drug Panels That Exclude Marijuana Testing

Two of our popular hair tests allow for the option to exclude marijuana from the panel of substances being tested. These include:

For a complete list of our hair drug tests, take a look at our comprehensive list of hair tests.

Drug Panels That Include Marijuana

Urine Drug Panels That Include Marijuana Testing

Many of our testing options include marijuana testing. Below are some of the most popular urine drug tests including marijuana:

Also try taking a look at our comprehensive list of urine drug tests that include marijuana.

Hair Drug Panels That Include Marijuana Testing

Our variety of hair drug tests include many options for marijuana testing. Some of the most commonly ordered hair drug tests are:

A comprehensive list of the hair drug tests that we offer can be found here.

Citations