Delaware Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Delaware. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALDelaware permits hemp-derived CBD products under the Delaware Hemp Program (Del. Code Ann. tit. 3, § 1601 et seq.). Products must contain less than 0.3% THC and comply with state testing and labeling requirements.
Possession
Legal to possess hemp-derived CBD products with less than 0.3% THC.
Sale
Sale is allowed with proper licensing and compliance with state regulations.
Penalties
N/A
Age Restriction
None
Delta-8 THC
LEGALDelaware permits Delta-8 THC derived from hemp under the Delaware Hemp Program (Delaware Code Title 3, Chapter 25). Delta-8 products must contain less than 0.3% Delta-9 THC and comply with state hemp regulations. Adults 21 and older may legally possess and purchase Delta-8.
Possession
Legal for adults 21+.
Retail Sale
Legal with compliance to hemp program regulations.
Penalties
N/A
Age Restriction
21+
Delta-9 THC Edibles
RESTRICTEDHemp-derived Delta-9 THC edibles are restricted in Delaware. While Delaware legalized recreational marijuana in 2023 (sales began in 2025), a 2025 bill to specifically regulate hemp-derived THC products was paused.
Possession
Legal with restrictions on potency
Retail Sale
Legal through licensed retailers only
Penalties
Non-compliant products may result in fines.
Age Restriction
21+
Kratom
RESTRICTEDKratom is legal in Delaware. but regulated under the Delaware Code Title 16, Chapter 47. The sale of kratom to minors under 18 is prohibited, and products must be labeled with warnings. Possession by adults is legal.
Possession
Legal for adults 18 and over.
Sale
Sale to minors under 18 prohibited; labeling requirements apply.
Penalties
Fines for sale to minors; criminal penalties possible for violations.
Age Restriction
18+ to purchase and possess.
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms are illegal under Delaware Code Title 16, § 4751 as Schedule I substances. Possession, sale, or manufacture is prohibited with criminal penalties.
Possession
Illegal; possession is a criminal offense.
Distribution
Illegal; sale or distribution is a felony.
Penalties
Penalties include imprisonment and fines under Delaware Code Title 16, § 4754.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
LEGALRecreational marijuana is legal for adults 21+ in Delaware. Recreational marijuana was legalized in April 2023, and the state plans to launch adult-use sales on August 1, 2025.
Personal Possession
Adults 21+ may possess up to 1 oz of marijuana. Home cultivation is not permitted under current law.
Retail Purchase
Legal through licensed dispensaries. The retail market launched in 2024 under HB 1 and HB 2.
Penalties
Possessing over 1 oz is a civil violation for small amounts; larger amounts can result in misdemeanor or felony charges.
Age Restriction
21+
Salvia
ILLEGALSalvia divinorum is illegal in Delaware. In 2012, Delaware added salvinorin A (the active compound in salvia) to its list of controlled substances. Possession, sale, and distribution are prohibited under Delaware Code Title 16, Chapter 47. Violations are treated as drug offenses with corresponding penalties.
Possession
Illegal. Salvinorin A is a Schedule I controlled substance in Delaware. Any amount of possession is a criminal offense.
Sale
Illegal. Sale or distribution of salvia divinorum or salvinorin A is a felony offense.
Penalties
Possession is a Class A misdemeanor (up to 1 year in jail, fines up to $2,300). Sale or distribution is a Class E felony (up to 5 years in prison).
Age Restriction
Illegal for all ages.