Delaware now allows adults 21 years and older to legally buy marijuana for recreational use and other cannabis products at licensed cannabis retailers.
In 2023, legislation was passed to legalize cannabis for adults. This also created the regulatory framework in Delaware. In September 2024 the Office of the Marijuana Commissioner published the final regulations. Recreational sales began last week.
Delaware’s medical cannabis retailers who were chosen to convert existing licenses have started selling adult-use cannabis to their customers. Just 125 of the 1,200+ licenses that were submitted during 2024’s application period have been provisionally granted through a December lottery. Not all licensees have yet offered recreational marijuana. The OMC approves them as they are approved, based on the background checks, compliance with regulatory requirements and passing final inspections.
The OMC worked with medical marijuana providers to make the transition from a medical market to an adult-use one as smooth as possible. said Paul Hyland, Deputy Commissioner The ability of the company to convert licences played a key role in expediting this launch.
Delaware adults over 21 are permitted to own up to an ounce of marijuana, 12 grams or concentrated cannabis or products containing 750 mg or less delta-9 THC, purchased at licensed retailers. Home-growing is still illegal, and the state has imposed a tax of 15% on cannabis sold for recreational use.
This will certainly have an impact on the state medical marijuana program. The exact figures for 2023 are not yet available. However, there should be just a little under 28,000. Staying with the program has some benefits, including not paying the 15% tax or having access to higher purchase limits. It is not uncommon for the numbers of medical marijuana patients to drop in states which have legalised cannabis as a recreational drug.
While known as the ‘first state’ as it was the first of the original thirteen colonies to ratify the U.S. Constitution back in 1787, Delaware wasn’t the first state to make recreational marijuana legal. The state joins the 24 others that have done this. Colorado and Washington became the first US States to legalize marijuana in 2012.
On Friday, Commissioner Joshua Sanderlin said that the launch of adult-use marijuana sales today by Delaware’s existing medical operators was an important milestone for the state’s regulatory cannabis market.