Delaware
Delaware legalized adult-use cannabis when House Bill 2, the Delaware Marijuana Control Act, became law in late April 2023 without Governor Carney's signature; the effective date is anchored at April 27, 2023. Retail sales did not begin until August 1, 2025 — 827 days later — when the state's seven existing medical compassion centers converted to serve the adult-use market. Over the market's first roughly seven months, combined legal sales reached about $72.4 million, of which roughly $29.3 million was adult-use and about $43.1 million medical; that works out to $68.83 per resident across that span, which covers about seven months rather than a full year. The first full month of adult-use sales, August 2025, recorded $7,354,293. The state has awarded 37 retail licenses and 14 are operational, an activation rate of 37.8 percent; all 14 are converted medical centers, and none of the 30 retail licenses awarded by lottery had opened within the data window. Delaware does not publish a clean operational cultivation count. Medical sales fell from roughly $53.8 million in calendar-year 2023 to $44,866,015 in calendar-year 2024, and ran at about $43.1 million through the first seven adult-use months.
Licensing & Market
Delaware has awarded 37 retail licenses — 30 through 2024 lotteries (15 social-equity and 15 open) plus 7 medical-compassion-center conversions — and 14 are operational, an activation rate of 37.8 percent. All 14 operational retailers are converted medical centers; none of the 30 lottery-awarded retail licenses had opened within the data window. There are 1.33 operating dispensaries per 100,000 residents. The state does not publish a clean count of operational cultivation licenses: snapshots range from 3 newly active micro-cultivators reported in September 2025 to roughly 11 active cultivators in May 2026, alongside the 7 converted compassion centers supplying the market, so cultivator counts and per-capita cultivation figures cannot be stated from public records. Statutory license caps exist — 60 cultivation, 30 manufacturing, 30 retail, and 5 testing — allocated across open, social-equity, and microbusiness categories. Licenses are transferable subject to Commissioner approval. Vertical integration is permitted with restrictions: cross-tier ownership is allowed, but a testing licensee may not hold a financial interest in any other license type, and a holder is limited to one license of a given type per county. Open-license applicants face no residency requirement; residency applies only to the social-equity and microbusiness tiers. The standard application fee is $5,000 for both cultivators and retailers. Delaware tracks product through BioTrack. Local control is opt-out — Delaware has 57 incorporated municipalities, which may ban cannabis businesses by ordinance — but the state publishes no current registry of which municipalities permit or ban them, so an opt-in rate cannot be stated.
| Field | Value | Source |
|---|---|---|
| Cultivator licenses awarded | Not available in the public record | — |
| Cultivator licenses operational | Not available in the public record | — |
| Cultivator activation rate | Not available in the public record | — |
| Operating cultivators per million | Not available in the public record | — |
| Retail licenses awarded | 37 | [8] |
| Retail licenses operational | 14 | [9] |
| Retail activation rate | 37.8% | [10] |
| Dispensaries per 100k | 1.33 | [11] |
| Vertical integration | allowed with restrictions | [12] |
| License caps exist | Yes | [13] |
| Licenses transferable | Yes | [14] |
| Residency required | No | [15] |
| Residency duration (months) | Not available in the public record | — |
| Municipalities allowing | Not available in the public record | — |
| Municipalities total | 57 | [16] |
| Municipal opt-in rate | Not available in the public record | — |
| Track-and-trace system | BioTrack | [17] |
| Cultivator application fee | $5,000 | [18] |
| Cultivator annual fee | Not available in the public record | — |
| Retail application fee | $5,000 | [19] |
| Retail annual fee | Not available in the public record | — |
Consumer Rules
Adults 21 and over may possess a personal-use quantity: up to 1 ounce of flower, or up to 12 grams of concentrate, or products containing up to 750 milligrams of delta-9 THC. Home cultivation is not permitted; all plant production is restricted to licensed facilities, and growing cannabis remains an offense. Per-transaction purchases are capped at the same personal-use quantity. All major product forms are legal, including flower, pre-rolls, vapes and concentrates, edibles, tinctures, capsules, and topicals. Adult-use delivery is prohibited by statute — a retail store may not deliver to a person not physically present on the licensed premises — though medical delivery to registered patients remains permitted. Consumption lounges are not authorized; the Act creates no on-site consumption license, and consumption at retail stores is barred.
| Field | Value | Source |
|---|---|---|
| Home grow allowed | No | [20] |
| Home grow plant limit | Not available in the public record | — |
| Possession limit (oz) | 1 | [21] |
| Delivery legal | No | [22] |
| Delivery operational | No | [23] |
| Consumption lounges legal | No | [24] |
| Consumption lounges count | 0 | [25] |
| Purchase limit, flower (oz) | 1 | [26] |
| Purchase limit, concentrate (g) | 12 | [27] |
| Purchase limit, edibles (mg) | 750 | [28] |
| All product forms legal | Yes | [29] |
| Restricted product forms | Not available in the public record | — |
Taxation
Delaware imposes a single 15 percent excise tax on the retail sale of adult-use cannabis, levied on the sales price. The state has no general sales tax, and local cannabis-specific taxes are statutorily preempted — state fees and taxes apply in lieu of any county or municipal levy — producing a flat 15 percent total consumer rate. There is no wholesale or potency-based tax. Medical cannabis is exempt from the retail tax. The rate has been unchanged since the Act took effect in 2023. No full fiscal or calendar year of adult-use tax revenue exists, because sales began August 1, 2025; secondary reporting of state data put collections at roughly $4.4 million over the market's first seven months, which is a cumulative figure rather than an annual total. Per-capita tax revenue cannot be stated until a full year closes. Seven percent of cannabis tax revenue is directed by statute to a Justice Reinvestment Fund.
| Field | Value | Source |
|---|---|---|
| Excise tax | 15% | [30] |
| Excise tax type | per price | [31] |
| Sales tax | 0% | [32] |
| Wholesale tax | Not available in the public record | — |
| Potency tax exists | No | [33] |
| Potency tax, flower | Not available in the public record | — |
| Potency tax, concentrate | Not available in the public record | — |
| Potency tax, edibles | Not available in the public record | — |
| Local tax (max) | 0% | [34] |
| Local tax (typical) | 0% | [35] |
| Total effective rate | 15% | [36] |
| Medical tax exempt | Yes | [37] |
| Medical tax rate | Not available in the public record | — |
| Annual tax revenue | Not available in the public record | — |
| Tax revenue per capita | Not available in the public record | — |
| Tax changed since legalization | No | [38] |
| Tax direction | unchanged | [39] |
Operator Data
Combined legal sales reached about $72.4 million over the market's first roughly seven months, of which roughly $29.3 million was adult-use; the first full month, August 2025, recorded $7,354,293 in adult-use sales. Sales per resident were $68.83 across that span — a figure covering about seven months of a market that opened August 1, 2025, not a full year, and not comparable to full-year states. Year-over-year growth cannot be computed: adult-use is under a year old, with no prior adult-use year to compare. Delaware publishes no public wholesale or retail price index, so price compression and operator margins cannot be quantified from public records. The state does not publish a clean count of license attrition or peak-versus-current cultivation licenses. What the public record shows is a new market whose operating base is the converted medical operators running 14 dispensary locations, with the lottery-awarded cohort of new retailers and cultivators not yet activated within the data window.
| Field | Value | Source |
|---|---|---|
| Wholesale flower ($/lb) | Not available in the public record | — |
| Wholesale flower period | Not available in the public record | — |
| Wholesale trend | Not available in the public record | — |
| Wholesale price compression | Not available in the public record | — |
| Retail flower ($/oz) | Not available in the public record | — |
| Operator margin | Not available in the public record | — |
| Total market sales | $72,400,000 | [40] |
| Adult-use sales | $29,300,000 | [41] |
| Per-capita sales | $68.83 | [42] |
| YoY sales growth | Not available in the public record | — |
| License attrition (count) | Not available in the public record | — |
| License attrition | Not available in the public record | — |
| Peak cultivation licenses | Not available in the public record | — |
| Current cultivation licenses | Not available in the public record | — |
Consumer Data
Delaware residents purchased $68.83 of legal cannabis per resident over the market's first roughly seven months, served by 1.33 operating dispensaries per 100,000 residents. The state publishes no retail price index, so price trends cannot be stated from public sources. No estimate of legal-market capture — the share of consumption met by licensed retailers versus the unregulated market — is published, so the degree to which legal supply has displaced the legacy market cannot be stated from public records.
| Field | Value | Source |
|---|---|---|
| Per-capita sales | $68.83 | [42] |
| Dispensaries per 100k | 1.33 | [11] |
| Legal market capture | Not available in the public record | — |
| Legal capture source | Not available in the public record | — |
| Retail price trend | Not available in the public record | — |
Equity Programs
Social equity is built into Delaware's licensing design through a Social Equity Applicant framework: reserved license allocations across categories, a reduced $1,000 application fee against the $5,000 open rate, license fees at 40 percent of the open rate, and the Social Equity Financial Assistance grant program. Eligibility runs through residency in a Disproportionately Impacted Area or a cannabis-conviction history rather than an income test. The state awarded 47 social-equity licenses by lottery across cultivation, manufacturing, retail, testing, and micro-cultivation categories. It does not publish a count of equity-designated licenses that are operational, nor verified figures for minority- or women-owned share. The grant program is capitalized at $6.2 million, drawn from conversion-license fees and a 2025 bond appropriation; the Office of the Marijuana Commissioner's 2024 Annual Report reported that no funds had been disbursed, as the program launched only in September 2025, and no post-launch disbursement total has been published. Expungement has moved separately: eligible cannabis records are expunged automatically, a process that became automatic on August 1, 2024 under the Clean Slate Act. The state publishes no cannabis-specific count of records cleared.
| Field | Value | Source |
|---|---|---|
| Equity program exists | Yes | [43] |
| Equity program type | Social Equity Applicant (SEA) framework under the Delaware Marijuana Control Act (4 Del. C. Ch. 13). Reserved license allocations for SEA applicants (15 of 30 retail, 10 of 60 cultivation in the SE category plus 10 SE micro-cultivation, 10 of 30 manufacturing, 2 of 5 testing). SEA eligibility = 51%+ ownership by individual(s) who resided 5 of the prior 15 years in a Disproportionately Impacted Area OR who have (or have an immediate family member with) a prior marijuana conviction. Benefits: reduced application fee ($1,000 vs $5,000), license fees at 40% of open rate, and access to the Social Equity Financial Assistance (SEFA) grant program. | [44] |
| Equity licenses awarded | 47 | [45] |
| Equity licenses operational | Not available in the public record | — |
| Equity activation rate | Not available in the public record | — |
| Equity fund exists | Yes | [46] |
| Equity fund size | $6,200,000 | [47] |
| Equity fund disbursed | Not available in the public record | — |
| Equity fund disbursement rate | Not available in the public record | — |
| Minority ownership | Not available in the public record | — |
| Women ownership | Not available in the public record | — |
| Community reinvestment | Not available in the public record | — |
| Expungement exists | Yes | [48] |
| Expungement automatic | Yes | [49] |
| Expungements processed | Not available in the public record | — |
| Income cap for equity | Not available in the public record | — |
Enforcement
Delaware tracks regulated product seed-to-sale through BioTrack. Beyond the tracking system, the state does not publish the operational metrics of enforcement as public figures: inspection counts, enforcement actions against licensees, illicit-market enforcement actions, regulatory budget and staffing, mandatory testing analytes, per-batch testing cost, product recalls, and the fine schedule are not available in the public record. This section is therefore largely NOT_AVAILABLE — not because enforcement does not occur, but because the regulator does not report these figures in a form that can be sourced for a public reference.
| Field | Value | Source |
|---|---|---|
| Track-and-trace system | BioTrack | [17] |
| Inspections per year | Not available in the public record | — |
| Enforcement actions (licensees) | Not available in the public record | — |
| Unlicensed-market enforcement actions | Not available in the public record | — |
| Regulatory budget | Not available in the public record | — |
| Regulatory staff | Not available in the public record | — |
| Mandatory testing analytes | Not available in the public record | — |
| Testing cost per batch | Not available in the public record | — |
| Product recalls per year | Not available in the public record | — |
| Fine schedule (min) | Not available in the public record | — |
| Fine schedule (max) | Not available in the public record | — |
Penalties & Criminal Law
House Bill 1, effective April 2023, eliminated penalties for adult possession of 1 ounce or less, sharing, and paraphernalia, following 2015 decriminalization that had reduced simple possession to a civil infraction. No cannabis penalties were increased after legalization; the net direction is lighter. Possession above the 1-ounce limit but under 175 grams is an unclassified misdemeanor carrying up to three months and a fine up to $575; possession of 175 grams or more is a Class G felony. Unlicensed cultivation and sale are charged by quantity under the Uniform Controlled Substances Act, where the top tier — 5,000 grams or more — is a Class B felony carrying a two-year mandatory minimum and up to 25 years; unlicensed sale or delivery of any quantity is independently a felony. Public consumption is an unclassified misdemeanor punishable by a fine up to $200 and up to five days. Delaware sets no per se THC blood limit for impaired driving, relying instead on a zero-tolerance framework that bars driving with any controlled substance resulting from unlawful use. Eligible cannabis records are expunged automatically. Reported cannabis arrests fell from 921 in calendar-year 2022 to 476 in 2023 — the first post-legalization year — and 338 in 2024; the 2024 figure is secondary federal data flagged as a likely undercount due to partial agency participation, and a state racial-disparity ratio is not available in the public record.
| Field | Value | Source |
|---|---|---|
| Max penalty, unlicensed cultivation | No standalone unlicensed-cultivation statute; unlicensed growing is charged by quantity under Title 16, Chapter 47 (Uniform Controlled Substances Act). Maximum is a Class B felony (2-year mandatory minimum, up to 25 years) for a Tier 3 quantity (5,000g+) of manufacturing/possession with intent under 16 Del. C. § 4752. Unlicensed solvent-based extraction is separately a Class G felony under 4 Del. C. § 1308. | [50] |
| Max penalty, unlicensed sale | Class B felony, 2-year mandatory minimum and up to 25 years, for delivery / possession with intent to deliver a Tier 3 quantity (5,000g+) under 16 Del. C. § 4752; Tier 2 (1,500g+) is a Class C felony (up to 15 years) under § 4753. | [51] |
| Felony threshold (grams) | 175 | [52] |
| Felony threshold type | possession | [53] |
| Penalty, possession over limit | Possession over the 1 oz personal-use limit but under 175g is an unclassified misdemeanor (up to a $575 fine and up to 3 months) under 16 Del. C. § 4764; possession of 175g or more is a Class G felony under § 4756. | [54] |
| Penalty, public consumption | Consumption of marijuana in an area accessible to the public is an unclassified misdemeanor punishable by a fine of up to $200 and/or up to 5 days imprisonment under 16 Del. C. § 4764. | [55] |
| DUI per se limit (ng) | Not available in the public record | — |
| DUI zero tolerance | Yes | [56] |
| Penalties increased post-legalization | No | [57] |
| Penalty direction | lighter | [58] |
| Penalty direction details | HB 1 (effective April 2023) eliminated all penalties for adult possession of 1 oz or less and removed penalties for adult sharing and paraphernalia; this followed 2015 HB 39, which had reduced simple possession to a civil infraction. The pre-existing tiered felony framework for unlicensed manufacture/distribution (Title 16, Ch. 47) was not increased. Net direction is lighter. | [59] |
| Post-legalization arrests (annual) | 338 | [60] |
| Racial disparity ratio | Not available in the public record | — |
| Expungement exists | Yes | [48] |
| Expungement automatic | Yes | [49] |
Sources
- ↑ U.S. Census Bureau QuickFacts: Delaware https://www.census.gov/quickfacts/fact/table/DE/PST045224
- ↑ U.S. Census Bureau / USPS standard abbreviation for Delaware https://www.census.gov/quickfacts/fact/table/DE/PST045224
- ↑ Most recent data points span the OMC Aug 2025 launch releases through NCS Analytics May 2026 figures and the WHYY ~7-month cumulative; record compiled 2026-06-07.
- ↑ HB 2 (Delaware Marijuana Control Act) became law without Governor Carney's signature in late April 2023; HB 1 (decriminalization/legal possession) took effect April 23, 2023. Codified at Title 4, Del. Code, Ch. 13 https://news.delaware.gov/2023/04/21/governor-carney-releases-statement-on-house-bill-1-and-house-bill-2/
- ↑ Delaware OMC — adult-use retail sales began Aug 1, 2025 https://news.delaware.gov/2025/08/01/delaware-launches-legal-adult-use-cannabis-sales-today/
- ↑ CALC: first adult-use sale (2025-08-01) minus law effective date (2023-04-27) = 827 days.
- ↑ U.S. Census Bureau, Vintage 2024 population estimate for Delaware = 1,051,917 (QuickFacts, variable PST045224) https://www.census.gov/quickfacts/fact/table/DE/PST045224
- ↑ Delaware OMC lottery releases — 15 Social Equity Retail (Oct 24, 2024) + 15 Open Retail (Dec 2024) = 30 lottery retail licenses, plus 7 medical compassion-center conversion retail licenses = 37 total. ; https://news.delaware.gov/2024/12/13/office-of-the-marijuana-commissioner-omc-open-retail-license-lottery/ https://news.delaware.gov/2024/10/25/office-of-the-marijuana-commissioner-omc-conducts-lottery-for-delawares-regulated-marijuana-industry/
- ↑ Delaware OMC, 'Delaware Reports Strong Start to Recreational Marijuana Sales' (Aug 6, 2025) — 14 dispensary locations open and selling adult-use across the three counties (New Castle 5, Sussex 5, Kent 4); all are converted medical compassion centers https://news.delaware.gov/2025/08/06/delaware-reports-strong-start-to-recreational-marijuana-sales/
- ↑ CALC: 14 operational / 37 awarded × 100 = 37.8%. NOTE: the 14 operational are converted medical centers (locations); the 30 lottery-awarded new retail licenses had not yet opened as of the data window, so this rate mixes converted locations with lottery licenses.
- ↑ CALC: 14 operational adult-use dispensary locations / (1,051,917 / 100,000) = 1.33. Operational count from Delaware OMC (Aug 6, 2025); population from Census Vintage 2024 https://news.delaware.gov/2025/08/06/delaware-reports-strong-start-to-recreational-marijuana-sales/
- ↑ Delaware Marijuana Control Act (4 Del. C. Ch. 13) and Admin. Code Title 4 § 5001 — cross-tier ownership is permitted (an entity may hold cultivation, manufacturing and retail licenses) but with a hard testing-facility firewall (a testing licensee may not hold a financial interest in any other license type) and a limit of one license of a given type per county https://delcode.delaware.gov/title4/c013/sc03/index.html
- ↑ Delaware Marijuana Control Act (HB 2 / 4 Del. C. Ch. 13) sets statutory caps: 60 cultivation, 30 manufacturing, 30 retail, and 5 testing licenses, allocated across open / social-equity / microbusiness categories https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=129969&legislationTypeId=1&docTypeId=2&legislationName=HB2
- ↑ Delaware Marijuana Control Act (4 Del. C. Ch. 13) — issued licenses may be transferred subject to Commissioner approval; social-equity and microbusiness licenses may transfer only to parties meeting the original eligibility criteria. (Lottery numbers themselves are non-transferable before licensure.) https://delcode.delaware.gov/title4/c013/sc03/index.html
- ↑ Delaware Marijuana Control Act (HB 2 / 4 Del. C. Ch. 13) — open (standard) license applicants face no residency requirement; residency applies only to the social-equity (5 of prior 15 years in a Disproportionately Impacted Area) and microbusiness (5 of prior 10 years) tiers https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=129969&legislationTypeId=1&docTypeId=2&legislationName=HB2
- ↑ [SECONDARY] Delaware has 57 incorporated municipalities, per reporting on the state's marijuana opt-out landscape; to be confirmed against a Census/DE League of Local Governments primary https://spotlightdelaware.org/2024/12/12/marijuana-prohobition-delaware/
- ↑ Delaware has used BioTrack as its seed-to-sale tracking system since a 2017 medical-program contract, continued for the adult-use market (BioTrack's government-contracts business is now operated as 'BT Government' following a 2024-25 Metrc partnership) https://biotrack.com/legislation/delaware/
- ↑ Delaware Marijuana Control Act (HB 2 / 4 Del. C. Ch. 13) — standard (open) cultivation license application fee = $5,000 (social-equity $1,000; microbusiness $3,000) https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=129969&legislationTypeId=1&docTypeId=2&legislationName=HB2
- ↑ Delaware Marijuana Control Act (HB 2 / 4 Del. C. Ch. 13) — standard (open) retail license application fee = $5,000 (social-equity $1,000) https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=129969&legislationTypeId=1&docTypeId=2&legislationName=HB2
- ↑ Delaware Marijuana Control Act / OMC FAQ — home cultivation is not legal; all plant production is restricted to licensed cultivation facilities https://omc.delaware.gov/faq/
- ↑ Delaware Marijuana Control Act (HB 1) / OMC — adults 21+ may possess a 'personal use quantity': 1 oz of flower (or up to 12 g of concentrate, or products with up to 750 mg of delta-9 THC) https://omc.delaware.gov/faq/
- ↑ 4 Del. C. § 1332(j)(3) — a retail marijuana store may not deliver marijuana to a person not physically present in the store's licensed premises; adult-use delivery is not authorized https://delcode.delaware.gov/title4/c013/sc03/index.html
- ↑ 4 Del. C. § 1332(j)(3) — adult-use delivery is prohibited by statute and therefore not operating https://delcode.delaware.gov/title4/c013/sc03/index.html
- ↑ 4 Del. C. § 1332 — marijuana may not be consumed on the premises of a retail store, and the Act creates no consumption-lounge license category https://delcode.delaware.gov/title4/c013/sc03/index.html
- ↑ 4 Del. C. § 1332 — no consumption-lounge license exists; zero can legally operate https://delcode.delaware.gov/title4/c013/sc03/index.html
- ↑ 4 Del. C. § 1332(f) — a retail store may not sell more than a personal-use quantity (1 oz flower equivalent) in a single transaction https://delcode.delaware.gov/title4/c013/sc03/index.html
- ↑ Delaware OMC FAQ — the personal-use (and per-transaction) concentrate limit is 12 g https://omc.delaware.gov/faq/
- ↑ Delaware OMC FAQ — the personal-use (and per-transaction) limit for THC-infused product is 750 mg of delta-9 THC https://omc.delaware.gov/faq/
- ↑ Delaware OMC — flower, pre-rolls, vapes/concentrates, edibles, tinctures, capsules and topicals are all permitted; first-month adult-use sales spanned all forms https://news.delaware.gov/2025/09/02/omc-reports-strong-first-month-of-recreational-cannabis-sales/
- ↑ 4 Del. C. § 1382 — a 15% marijuana control enforcement tax is imposed on the retail sale of adult-use marijuana https://delcode.delaware.gov/title4/c013/sc08/index.html
- ↑ 4 Del. C. § 1382 — the tax is 15% of the retail sales price (ad valorem / per-price) https://delcode.delaware.gov/title4/c013/sc08/index.html
- ↑ Delaware has no general state sales tax; only the 15% marijuana retail tax applies. Delaware Division of Revenue, Marijuana Establishments & Retail Tax FAQs https://revenue.delaware.gov/marijuana-establishments-and-retail-tax-faqs/
- ↑ 4 Del. C. Ch. 13 — Delaware's only cannabis tax is the flat 15% retail tax; no THC-potency-based tax exists https://delcode.delaware.gov/title4/c013/sc08/index.html
- ↑ 4 Del. C. § 1383 — state fees and taxes are in lieu of all county and municipal license fees and taxes on the marijuana business; local cannabis-specific taxes are preempted (0%) https://delcode.delaware.gov/title4/c013/sc08/index.html
- ↑ 4 Del. C. § 1383 — local cannabis taxes are statutorily preempted, so the typical local rate is 0% https://delcode.delaware.gov/title4/c013/sc08/index.html
- ↑ CALC: 15% retail excise + 0% state sales tax + 0% local tax = 15% total consumer rate. Delaware Division of Revenue FAQ; 4 Del. C. §§ 1382-1383 https://revenue.delaware.gov/marijuana-establishments-and-retail-tax-faqs/
- ↑ 4 Del. C. § 1382 / Delaware Division of Revenue FAQ — medical marijuana sales to registered patients are exempt from the 15% retail tax https://revenue.delaware.gov/marijuana-establishments-and-retail-tax-faqs/
- ↑ 4 Del. C. § 1382 — the 15% rate set at enactment (2023) is unchanged https://delcode.delaware.gov/title4/c013/sc08/index.html
- ↑ 4 Del. C. § 1382 — rate unchanged at 15% since the Act took effect https://delcode.delaware.gov/title4/c013/sc08/index.html
- ↑ [SECONDARY] WHYY (~March 2026) reporting Delaware OMC data: ~$29.3M adult-use + ~$43.1M medical = ~$72.4M combined over the first ~7 months of the adult-use market (Aug 2025-Feb/Mar 2026). NOTE: a cumulative ~7-month figure, not an annual total https://whyy.org/articles/delaware-retail-weed-sales/
- ↑ [SECONDARY] WHYY (~March 2026) reporting Delaware OMC data: ~$29.3M adult-use retail over the first ~7 months (Aug 2025-Feb/Mar 2026). Corroborated by the primary OMC first-month figure of $7,354,293 (Aug 2025). ; https://news.delaware.gov/2025/09/02/omc-reports-strong-first-month-of-recreational-cannabis-sales/ https://whyy.org/articles/delaware-retail-weed-sales/
- ↑ CALC: ~$72.4M combined first-~7-month legal sales / 1,051,917 population = $68.83. NOTE: based on ~7 months of a market that opened Aug 1, 2025 — NOT a full-year figure and not comparable to full-year states https://whyy.org/articles/delaware-retail-weed-sales/
- ↑ Delaware Marijuana Control Act (4 Del. C. Ch. 13) social-equity provisions; OMC Social Equity program page https://omc.delaware.gov/adult/socialEquity/
- ↑ Delaware Marijuana Control Act (HB 2 / 4 Del. C. Ch. 13) and OMC 2024 Annual Report — Social Equity Applicant framework: reserved license allocations, reduced fees, and the SEFA grant program; eligibility via Disproportionately Impacted Area residency or marijuana-conviction history https://omc.delaware.gov/about/contentFolder/pdf/Annual%20Reports/2024Annual.pdf
- ↑ Delaware OMC 2024 Annual Report — Social Equity license selections across categories total 47 (10 SE Cultivation + 10 SE Manufacturing + 15 SE Retail + 2 SE Testing + 10 SE Micro-Cultivation) https://omc.delaware.gov/about/contentFolder/pdf/Annual%20Reports/2024Annual.pdf
- ↑ Delaware has both a Justice Reinvestment Fund (7% of marijuana tax revenue, 4 Del. C. § 1386(a)(2)) and the Social Equity Financial Assistance (SEFA) grant program https://delcode.delaware.gov/title4/c013/sc08/index.html
- ↑ Delaware OMC 2024 Annual Report — SEFA grant fund of $6.2M ($4.1M from medical-to-adult-use conversion license fees under HB 408 + $2M from the 2025 Bond & Capital Improvements Act) https://omc.delaware.gov/about/contentFolder/pdf/Annual%20Reports/2024Annual.pdf
- ↑ Delaware Clean Slate Act (SB 111, 2021) and mandatory marijuana expungement (SB 112) provide for clearing eligible marijuana convictions https://www.aclu-de.org/csde/
- ↑ Delaware's expungement of eligible offenses (including misdemeanor cannabis possession) became automatic on Aug 1, 2024 under the Clean Slate Act https://www.mpp.org/states/delaware/delawares-cannabis-legalization-laws/
- ↑ 16 Del. C. § 4752 (Tier 3 manufacturing/PWID, Class B felony, 2-yr mandatory minimum, up to 25 years) and 4 Del. C. § 1308 (unlicensed solvent extraction, Class G felony) https://delcode.delaware.gov/title16/c047/sc04/index.html
- ↑ 16 Del. C. § 4752 — delivery / possession with intent to deliver a Tier 3 quantity (5,000g+) is a Class B felony (2-yr mandatory minimum, up to 25 years); § 4753 Tier 2 (1,500g+) is a Class C felony https://delcode.delaware.gov/title16/c047/sc04/index.html
- ↑ 16 Del. C. § 4756 — possession of a Tier 1 quantity (175g or more) of marijuana is a Class G felony https://delcode.delaware.gov/title16/c047/sc04/index.html
- ↑ 16 Del. C. § 4756 — the 175g threshold is a possession threshold (Class G felony); note that sale/delivery of any quantity without a license is independently a felony https://delcode.delaware.gov/title16/c047/sc04/index.html
- ↑ 16 Del. C. § 4764 (over the 1 oz personal-use limit but under 175g = unclassified misdemeanor, up to $575 / 3 months) and § 4756 (175g+ = Class G felony) https://delcode.delaware.gov/title16/c047/sc04/index.html
- ↑ 16 Del. C. § 4764 — public consumption of marijuana is an unclassified misdemeanor (fine up to $200 and/or up to 5 days) https://delcode.delaware.gov/title16/c047/sc04/index.html
- ↑ 21 Del. C. § 4177 — Delaware prohibits driving with any amount of a controlled substance resulting from unlawful use, with no numeric per se THC threshold (a zero-tolerance impairment framework) https://norml.org/laws/delaware-penalties/
- ↑ HB 1 / HB 2 (2023) created no new criminal penalties for previously-illegal activity; the pre-existing Title 16 trafficking tiers were not increased https://norml.org/laws/delaware-penalties/
- ↑ HB 1 (2023) eliminated penalties for adult possession of 1 oz or less (following 2015 decriminalization); no cannabis penalties were increased. Net direction lighter https://www.mpp.org/states/delaware/delawares-cannabis-legalization-laws/
- ↑ HB 1 (eff. April 2023) eliminated penalties for adult possession of 1 oz or less, sharing, and paraphernalia; 2015 HB 39 had already reduced simple possession to a civil infraction. The Title 16, Ch. 47 felony framework for unlicensed manufacture/distribution was unchanged https://www.mpp.org/states/delaware/delawares-cannabis-legalization-laws/
- ↑ [SECONDARY] NORML, Delaware Marijuana Arrests (FBI NIBRS) — 2024 total = 338 (206 possession + 132 sale/manufacture); flagged by NORML as likely undercounted due to partial agency participation https://norml.org/marijuana/library/state-marijuana-arrests/delaware-marijuana-arrests/