Delaware
Adult Use

Delaware Cannabis Laws & Dispensary Compliance Guide

Last reviewed: June 14, 2026

Francine Whu Muhammad, JD
Reviewed byFrancine Whu Muhammad, JDSenior Director, Compliance & Enterprise Risk

Dutchie does not provide compliance advice. Merchants are responsible for their own compliance. External Dutchie compliance documentation may be updated from time to time and has been prepared for informational purposes only, is not intended to provide, and should not be relied on for, tax, legal or compliance advice. Merchants should consult their own tax, legal and compliance advisors to determine how best to operate within the cannabis industry.

Market Status
Medical &adult-use allowed
Traceability
BioTrack (DEC3S)
Regulator
Office of the Marijuana Commissioner (OMC)

Market Type

Delaware allows both medical and adult-use cannabis, regulated by the Office of the Marijuana Commissioner (OMC). The final adult-use rules were published July 9, 2025, and adult-use retail sales have launched.

BioTrack & Inventory

Delaware uses BioTrack as its statewide seed-to-sale system. All Inventory actions and patient sales must be reported to the BioTrack system. Delaware regulations refer to the state traceability system as the ‘Delaware Enterprise Consolidated Cannabis Control System’ or ‘DEC3S’

Purchase Limits

Adult-use

A retail marijuana store may sell to a person no more than:

  • 1 oz of cannabis flower; or
  • 12 g of concentrated cannabis; or
  • Cannabis products containing 750 mg or less of delta-9 THC
MedicalQualifying patients are allowed to purchase up to 3 oz of cannabis per 14 day period. Pediatric patients are only permitted to purchase Pediatric Medical Marijuana Oil. CBD Rich patients are only permitted to purchase specific CBD rich products.

Taxes

Adult-use retail sales are subject to a 15% marijuana retail tax. Medical marijuana is exempt from the retail tax and is not otherwise taxed by the state.

Delivery

Delivery is permitted to qualifying medical patients only; adult-use retail stores may not deliver.

Each compassion center’s home delivery plan is subject to approval by the state regulators, but SOPs may vary by location.

State Resources

Recent Updates

The Office of the Marijuana Commissioner published the final adult-use cannabis rules on July 9, 2025, and adult-use retail sales have launched. The OMC now administers both the medical and adult-use programs.

About the author
Roy Sherwood
Written by
Roy Sherwood
Senior Regulatory Compliance Analyst

Frequently asked questions

What type of cannabis market is Delaware?
Delaware is a Medical & adult-use allowed cannabis market.
Who regulates cannabis in Delaware?
Cannabis in Delaware is regulated by Office of the Marijuana Commissioner (OMC).
What cannabis traceability system does Delaware use?
Delaware uses BioTrack (DEC3S) as its cannabis traceability system.
What are the cannabis purchase limits in Delaware?
A retail marijuana store may sell to a person no more than: 1 oz of cannabis flower; or 12 g of concentrated cannabis; or Cannabis products containing 750 mg or less of delta-9 THC Qualifying patients are allowed to purchase up to 3 oz of cannabis per 14 day period. Pediatric patients are only permitted to purchase Pediatric Medical Marijuana Oil.
How is cannabis taxed in Delaware?
Adult-use retail sales are subject to a 15% marijuana retail tax. Medical marijuana is exempt from the retail tax and is not otherwise taxed by the state.
Is cannabis delivery allowed in Delaware?
Delivery is permitted to qualifying medical patients only; adult-use retail stores may not deliver. Each compassion center's home delivery plan is subject to approval by the state regulators, but SOPs may vary by location.