Delaware announces Aug. 1 start for adult-use market sales

Delaware’s Office of the Marijuana Commissioner (OMC) announced cannabis sales to adult-use consumers will start on August 1, 2025. The launch comes two years after the legislature passed legalization and around a year after the state began accepting business applications. The first storefronts to open for adult-use sales will be Delaware's existing medical dispensaries, also known as compassion centers. Adults 21 and older will be allowed to purchase up to one ounce of cannabis, 12 grams of concentrated cannabis, or products with 750 grams or less of delta-9 THC.

The OMC also started issuing new licenses last year. Between August 19 and September 30, 2024, the office accepted 1,269 applications and generated over $4 million in application fees.  In late 2024, the OMC awarded 124 cannabis licenses by lottery, including 30 retail licenses. These licenses are conditional and require several additional steps to be taken to convert to active licenses.

Delaware’s legalization laws

In April 2023, the First State became the 22nd state to legalize cannabis after then Governor John Carney (D) allowed HB 1 and HB 2 to become law without his signature.

HB 1 legalized possession of up to one ounce of cannabis for adults 21 and older. Unfortunately, it does not include home cultivation.

HB 2 regulates and taxes cannabis sales for adults in Delaware.

Check out our summaries[1]  for details.

Representative Ed Osienski (D) sponsored both bills, with Sen. Trey Paradee (D) leading the charge in the Senate. Both bills passed the legislature in supermajority votes.

On July 17, 2024, former Governor John Carney signed into law HB 408, which allows existing medical dispensaries (“compassion centers”) to apply for conversion licenses to also serve adult-use consumers. This sped up access to adult-use cannabis and provided much-needed social equity funding. In addition to paying a hefty fee, medical marijuana compassion centers had to meet requirements, including prioritizing medical cannabis access. The conversion licenses are good for 48 months, and once they expire after that period, the business can renew as an open license.

MPP is a proud member of the Delaware Cannabis Policy Coalition, which organized to end cannabis prohibition for years in Delaware. From organizing lobby days, rallies, and town halls, testifying in key committees, conducting media outreach, voter guides, and so much more, we’re proud to have played a leading role to reach this historic moment.

Delaware’s medical cannabis program

MPP was proud to work alongside patients and advocates to pass medical marijuana legislation in Delaware in 2011. We are also grateful to the Legislature for its continued work to improve and expand the law. Most recently, then-Gov. Carney signed HB 285 into law. The new law, which took effect immediately:

Removes the list of qualifying conditions and instead allows doctors, nurse practitioners, and physician assistants to recommend cannabis for any diagnosed condition they believe could benefit.

Allows patients 65 and older to self-certify their need for medical cannabis without a certification from a healthcare provider.

Expands the expiration dates for medical cannabis cards from one-year terms to two- or three-year terms.

Allows patients diagnosed with terminal illnesses an “indefinite” expiration date on their medical cannabis cards.

Allows reciprocity for out-of-state patients (patients with medical cannabis cards from other states would have the same privileges as in-state registered patients).

Meanwhile, HB 425 moved the medical cannabis program to the same regulatory authority as adult use, the Office of the Marijuana Commissioner.

For more information, check out our summary and the Medical Marijuana Program website.

Governor signs expungement bills

In 2018, 2019, and 2021, then-Gov. John Carney signed bills to expand expungement, including for cannabis convictions.

The 2018 law — SB 197 — allowed individuals with a single conviction for possessing up to an ounce of cannabis to automatically qualify to clear their record. To receive an expungement, individuals must first request their certified records from the State Bureau of Identification. Then, they pay a fee and fill out a form to apply for mandatory expungement.

In June 2019, then-Gov. Carney signed SB 37 into law. This law allows for a single cannabis misdemeanor conviction to be expunged after five years and a single cannabis felony conviction to be expunged after seven years.

Finally, in June 2021, the legislature passed and then-Gov. Carney signed Clean Slate expungement bills — SB 111 and SB 112. Among other reforms, SB 112 allows all misdemeanor cannabis possession convictions to be eligible for mandatory expungement. It also allows drug felonies to be eligible for mandatory expungement once 10 years have passed since the conviction. Starting on August 1, 2024, the expungement process became automatic for any offenses eligible for mandatory expungement.

Stay connected

While legalization is an enormous victory, our work isn’t done. Unlike other legalization states, the penalty for public cannabis use includes possible jail time. Delaware also lacks protections from discrimination against responsible cannabis consumers in employment, housing, and child custody. It also fails to allow home cultivation. Make sure you’re signed up for our email alerts so we can keep you updated as we continue to fight for fair cannabis laws in Delaware.