Delaware

Delaware legalized medical cannabis in 2011 under the Delaware Medical Marijuana Act and adult-use cannabis in 2023 through the Delaware Marijuana Control Act (HB 1 for possession, HB 2 for commercial regulation), which became law on April 23, 2023, without the governor's signature. Adult-use retail sales began August 1, 2025, through 13 existing medical dispensaries that converted via $100,000 conversion licenses. The Office of the Marijuana Commissioner (OMC), within the Department of Safety and Homeland Security, regulates the industry. In its first seven months, the market generated $29.3 million in retail sales, averaging $4.2 million per month — below the state's projection of $160 million annually by end of 2026. The state imposes a 15% excise tax. Sixteen additional conditional retail licenses have been granted but none have opened yet. Adults 21+ may purchase up to one ounce.