Is Weed Legal in Delaware? (2026)

Instrument

Legal marijuana-related activity; possession of marijuana; definitions of marijuana and personal use quantity

Source

https://delcode.delaware.gov/title16/c047/sc04/index.html

Retrieved

2026-11-07

Fingerprint

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16 Del. C. Sec. 4764A. Legal marijuana-related activity.
(a) For purposes of this section, “adult sharing” means transferring marijuana, marijuana products, or infused beverages between persons who are 21 years of age or older without remuneration. “Adult sharing” does not include instances in which:
(1) Marijuana is given away contemporaneously with another reciprocal transaction between the same parties.
(2) A gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services.
(3) A gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.
(b) Notwithstanding any other provision of this chapter, no civil or criminal penalty may be imposed, nor may criminal or civil asset forfeiture be pursued, for any of the following activities by an individual 21 years of age or older:
(1) Adult sharing of a personal use quantity or less of marijuana, marijuana products, or infused beverages.
(2) Possessing, using, displaying, purchasing, or transporting marijuana accessories or a personal use quantity or less of marijuana, marijuana products, or infused beverages outside of a motor vehicle.
(3) Possessing and transporting marijuana accessories or a personal use quantity or less of marijuana, marijuana products, or infused beverages inside of a motor vehicle as long as each marijuana accessory, quantity of marijuana, marijuana product, or infused beverage is in a closed container or is not readily accessible to anyone inside the motor vehicle.
(4) Assisting another individual who is 21 years of age or older in any of the acts described in paragraphs (b)(1), (b)(2), and (b)(3) of this section.
(c) The following acts remain unlawful and an offense under the law of this State:
(1) Consuming marijuana, marijuana products, or infused beverages in an area accessible to the public or in a moving vehicle, as defined and punished under § 4764(d) of this title.
(2) Growing, manufacturing, selling, or cultivating marijuana without a license granted under Chapter 49A of this title or other provision of Delaware law, as defined and punished under this chapter.
(3) Unlawfully using a license or identification card as defined and punished under § 2751 of Title 21.
(4) Selling marijuana, marijuana products, or infused beverages without an active license or endorsement under Title 4, as defined and punished under Delaware law, including under this chapter.
(d) (1) A person or entity in the business of, or employed or contracted by an entity in the business of, receiving deposits, extending credit, processing funds transfers, transporting cash or financial instruments, or providing accounting or other financial services is not subject to criminal prosecution under Delaware law solely by virtue of providing any such service in compliance with Delaware law to a marijuana establishment licensed under Chapter 13 of Title 4 or to a compassion center or safety compliance facility registered under Chapter 49A of this title.
(2) For the purposes of this section, "person or entity" includes a state or federally-chartered bank or credit union, an armored car or other money transporter service operating under a license issued by the State Bank Commissioner under Chapter 32 of Title 5, a person or entity lending money under a license issued under Chapter 22 of Title 5, a certified public accountant or certified public accounting firm permitted or performing services under a practice privilege under Chapter 1 of Title 24, or a public accountant or public accounting firm permitted under Chapter 1 of Title 24.

16 Del. C. Sec. 4764. Possession of marijuana; class B misdemeanor, unclassified misdemeanor, or civil violation [For application of this section, see 80 Del. Laws, c. 38, § 6].
(a) [Repealed.]
(b) Any person who knowingly or intentionally uses, consumes, or possesses other than a personal use quantity of a controlled substance or a counterfeit controlled substance classified in § 4714(d)(19) of this title, except as otherwise authorized by this chapter, shall be guilty of an unclassified misdemeanor and be fined not more than $575, imprisoned not more than 3 months, or both.
(c) (1), (2) [Repealed.]
(3) A person under 21 years of age who knowingly or intentionally possesses, uses, or consumes a personal use quantity of a controlled substance or a counterfeit controlled substance classified in § 4714(d)(19) of this title, must be assessed a civil penalty of $100 for a first violation of this subsection and a civil penalty of not less than $200 nor more than $500 for a second violation of this subsection and is guilty of an unclassified misdemeanor and must be fined $100 for a third or subsequent violation of this subsection. A peace officer having reasonable grounds to believe that a juvenile has committed a violation of this subsection may issue the juvenile a civil citation in lieu of a civil penalty.
(4) [Repealed.]
(d) Any person who knowingly or intentionally uses or consumes up to a personal use quantity of a controlled substance or a counterfeit controlled substance classified in § 4714(d)(19) of this title in an area accessible to the public or in a moving vehicle, except as otherwise authorized by this chapter, shall be guilty of an unclassified misdemeanor and be fined not more than $200, imprisoned not more than 5 days, or both. For purposes of this section “area accessible to the public’' means any of the following:
(1) Sidewalks, streets, alleys, parking lots, parks, playgrounds, stores, restaurants, and any other areas to which the general public is invited.
(2) Any outdoor location within a distance of 10 feet from a sidewalk, street, alley, parking lot, park, playground, store, restaurant, or any other area to which the general public is invited.
(3) Any outdoor location within a distance of 10 feet from the entrances, exits, windows that open, or ventilation intakes of any public or private building.
(e) Information concerning a civil offense classified in subsection (c) of this section shall not appear on a person’s certified criminal record.
(f) Nothing contained herein shall be construed to repeal or modify any law concerning the medical use of marijuana or tetrahydrocannabinol in any other form, such as Marinol, or the possession of more than 1 ounce of marijuana, or selling, manufacturing, or trafficking in marijuana.
(g) Nothing contained herein shall be construed to repeal or modify existing laws, ordinances or bylaws, regulations, personnel practices, or policies concerning the operation of motor vehicles or other actions taken while under the influence of marijuana.
(h) [Repealed.]
(i) Any person who was convicted of a single criminal offense under subsection (c) of this section, as it is in effect on or before July 31, 2019, and who was under the age of 21 at the time of the offense may, upon reaching the age of 21, apply for an expungement of the record of the conviction and any indicia of arrest to the court in which the person was convicted. For violations of a criminal offense under subsection (c) of this section, as it is in effect on or before July 31, 2019, an order granting such expungement shall issue upon proof that the person has reached the age of 21, unless the person has failed to comply with the sentencing order or the person has another charge under this section which remains outstanding. Upon issuance of the order of expungement, the records of the conviction and any indicia of arrest shall be dealt with in accordance with the procedures specified in subchapter VII of Chapter 43 of Title 11. Nothing in this section prohibits a court from expunging a record of conviction as otherwise provided by law. The application for or granting of a pardon under §§ 4361 through 4364 of Title 11 does not prohibit an expungement under this section. All sentencing orders for violations of a criminal offense under subsection (c) of this section, as it is in effect on or before July 31, 2019, by persons under the age of 21 at the time of the offense must state that the record of the conviction may be expunged upon reaching the age of 21 and thereafter. The civil filing fee applies to applications for expungement plus a $100 fee payable to the State Bureau of Identification for administrative costs.
(j) [Repealed.]

16 Del. C. Sec. 4701 (28) a. "Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.
b. "Marijuana" does not include any of the following:
1. The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
2. Products approved by the US Food and Drug Administration.
3. Industrial hemp as defined in § 2801 of Title 3.

16 Del. C. Sec. 4701 (36) “Personal use quantity” means 1 ounce or less of marijuana in the form of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol. “Leaf marijuana” means the dried leaves and flowering tops of the plant cannabis sativa L.