Overview
Delaware has legalized recreational cannabis for adults aged 21 and over as of April 2023. Adults are permitted to possess up to 1 ounce of cannabis flower, 12 grams of concentrates, or products containing up to 750 milligrams of delta-9 THC. Public consumption, driving under the influence, and home cultivation remain prohibited. The state will license and regulate a legal cannabis market, with plans to issue 30 retail licenses, 60 cultivation licenses, 30 product manufacturing licenses, and 5 testing lab licenses by September 2024.
Regarding specific cannabinoids, delta-9 THC products derived from licensed cannabis businesses will be legal for adult recreational use within the state's possession limits. However, the laws do not explicitly address the legal status of delta-8 THC, delta-10, or other novel cannabinoids derived from hemp. CBD, THCA, and other non-intoxicating hemp derivatives containing less than 0.3% delta-9 THC remain legal under federal regulations, but their regulation in Delaware's adult-use cannabis market is unclear. The state's existing medical cannabis program for qualified patients remains in effect alongside the new adult-use laws.