Delaware Recreational Cannabis Laws FAQ

Updated January 22, 2026

Is marijuana legal in Delaware?

• Yes.

Is marijuana legal for recreational use in Delaware?

• Yes. As of August 1, 2025, it is legal for adults 21 and over to purchase, possess, and consume marijuana for recreational use in Delaware.

I am not a resident of Delaware. Can I buy marijuana?

• Yes. Anyone over the age of 21 can purchase, possess, and consume marijuana for recreational use in Delaware, including out-of-state and out-of-country residents.

Do I need a medical card or special identification to buy marijuana?

• No. You only need to prove you are over the age of 21. You can do this with a driver’s license, state-ID, or passport.

Where can I buy marijuana in Delaware?

• There are recreational marijuana dispensaries (pot shops) in the state. These shops are different from medical marijuana dispensaries and have a different type of license to sell to recreational customers. While many pot shops are both medical and recreational, not all are. To help you find the recreational shops, we have a complete directory of recreational weed shops in Delaware.

Can I get marijuana delivery in Delivery?

• No, Delaware does not allow recreational marijuana delivery. Recreational weed customers have to visit one of the recreational marijuana dispensaries in Delaware.

What kind of marijuana can I purchase in recreational pot shops?

• Every type of cannabis product can be purchased including: flower, hash oil, edibles, cannabis-infused drinks. 

How much marijuana can I buy in Delaware?

• You can purchase up to one ounce of marijuana flower or 750 mg of concentrated THC products per purchase at one store.

How much marijuana can I possess in Delaware?

• Any adult over the age of 21 can possess up to one ounce of marijuana flower or 750 mg of concentrated THC products (wax, shatter, oil, edibles).

Can I possess marijuana anywhere in the state?

• Almost anywhere. National parks, national monuments, and national forests are Federal lands and you cannot legally possess marijuana on Federal land.

Can I possess marijuana in a car?

• Yes. You can possess marijuana in a car, but it is against the law to consume it in a moving or parked vehicle.

Can I smoke marijuana while driving?

• No. Smoking marijuana while driving or driving stoned is illegal.

Where can I smoke marijuana in Delaware?

• You can smoke marijuana on any private property where marijuana consumption is allowed. 

Can I smoke marijuana in public?

• No, not legally. You must be on private property where marijuana consumption is allowed.

Can I smoke marijuana in my hotel?

• Yes, some hotels allow it. But, there are also hotels that don’t. Check with your hotel for their policy. Typically, you would need to get a smoking room or have an outside area where pot smoking is allowed. Check our featured hotels and lodging guide for hotels with private balconies and smoking rooms.

Can I smoke my marijuana with someone under 21?

• No. It is illegal for people under 21 to buy, possess or use retail marijuana. It is illegal for anyone to give, sell to, or share marijuana with anyone under 21.

Can I take marijuana from Delaware out of state?

• No. You can’t legally take marijuana from Delaware outside of the state. It is against the law to cross the border with it and you aren’t allowed to fly with it outside of the state.

This is just a general guide and is NOT intended as legal advice. For more information on Delaware laws, visit the state’s official website: omc.delaware.gov.