Delaware Just Legalized Cannabis Stores: What Next?

Hats off to Delaware, America’s second smallest state, that could!

Adults 21 and older can legally carry an ounce of weed in President Biden’s home state; with legal sales in 2024.

So, Leafly Nation, let’s take a minute to cover HB1 and HB2. Would you like to know when the shops open? How Much Cannabis Can Adults Legally Possess? How much tax do you pay? Read on, we’re here for you.

Is weed legal in Delaware?

Yes. On Friday, April 21, the Delaware governor said he would allow HB1 and HB2 to go into effect. HB1 legalized the possession of marijuana, while HB 2 legalized the market for adult use.

The adult use laws follow the legalization of medical marijuana in Delaware in 2011 and a 2015 law decriminalizing possession.

Cannabis can be legally possessed and shared by adults over the age of 21.

How much weed is legal in Delaware?

HB1 legalizes possession of up to:

• an ounce of flower
• 12 grams of concentrate
• or 750 milligrams of THC in edible form.

However, HB2 limits hashish to a maximum of five grams.

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Can I share legal cannabis in Delaware?

Yes. HB allows “sharing” of marijuana in the absence of licensed businesses, but not “gifting.”

When is adult cannabis available for purchase in Delaware?

Licensed stores will not open their doors to adults for at least 16 months: August 25, 2024. The Delaware Division of Alcohol and Tobacco Enforcement (DATE) will regulate the market through a yet to be formed Office of Marijuana Control. The rules state that cannabis couriers are also legal.

What forms of cannabis can Delaware adults buy?

In addition to marijuana flower, HB2 lists “concentrates, edibles, ointments, and tinctures” as permitted products.

Will Delaware Tax Cannabis Sales?

Yes, Delaware will levy a 15% sales tax on recreational cannabis, while medical marijuana will remain tax-free.

Is it legal to grow weed in Delaware?

Delaware legalization does not currently allow personal cannabis gardens.

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Does the bill contain capital requirements?

Yes, HB2 requires equity licenses for business owners from drug war zones or ex-drug offenders and their families.

Can cities and counties in Delaware refuse to sell?

Yes, municipalities can refuse to sell cannabis.

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Will public consumption be legal in Delaware?

No. Public use (or use of marijuana in a moving vehicle) remains a misdemeanor punishable by a $200 fine or a maximum of five days in prison.

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How did Delaware legalize cannabis?

In 2022, the Delaware legislature passed legislation legalizing the possession and gift of cannabis. The legislature also passed a separate bill to create a market for adult use. Governor John Carney (D) vetoed the second bill.

A year later, however, pro-reform lawmakers – again led by Rep. Al Osienski (D) – reawakened and passed both bills. This time, Delaware Gov. Carney acknowledged that the public consensus was not on his side.

“My views on this issue have not changed,” Carney said in a statement on Friday. “I have come to this decision because I believe that we have spent far too much time focusing on this issue while Delaware residents face more serious and pressing concerns every day. It’s time to move on,” the governor added.

However, Carney didn’t sign either of the two legalization acts—he simply made them law. In the absence of his signature, the two bills will come into force ten days after the legislature sends them to him. This means that HB1 will go into effect the day after April 20 on Friday April 21 and HB2 on Tuesday April 25.

With the passage of these two bills, Delaware has joined neighboring legalizing states of New Jersey and Maryland, leaving only Pennsylvania as a remnant in the region. Sign up for Leafly’s newsletter and download the app to stay up to date.

Welcome, Delaware – the 22nd legalization state. Let the weed freedom ring.