Delaware's House Bill 1 (2023) legalized recreational cannabis for adults 21+ but does NOT permit home cultivation for recreational use. Only registered medical marijuana patients with specific caregiver designations may grow, and only under tightly limited conditions. Unlicensed cultivation remains a crime under 16 Del.C. Chapter 47. Delaware is notably restrictive compared to neighboring states.
Delaware legalized recreational cannabis use and possession for adults 21 and over through House Bill 1 (the Delaware Marijuana Control Act) signed by Governor John Carney in April 2023, codified at 4 Del.C. Chapter 13 and supplemented by 16 Del.C. amendments. HOWEVER, unlike most states that have legalized adult-use cannabis, Delaware did NOT legalize home cultivation for recreational users. Personal possession up to 1 ounce is legal, but growing even a single plant for personal recreational use remains a criminal offense under 16 Del.C. §4764. This is a notable difference from neighboring Maryland, New Jersey, and Pennsylvania (PA has medical only). Medical marijuana patients registered under 16 Del.C. Chapter 49A (Delaware Medical Marijuana Act) and their designated caregivers are NOT generally permitted home cultivation either; medical patients receive cannabis from state-licensed compassion centers. The only narrow exceptions involve specific caregiver relationships. Retail sales through state-licensed dispensaries are set to begin in 2025 under the Delaware Marijuana Control Act. New Castle County has not enacted an ordinance authorizing home cultivation because it is not legal at the state level. Illegal home grows can result in criminal charges, forfeiture, and in the case of indoor grow operations, additional electrical code and fire code violations.
Unauthorized home cultivation of any amount: 16 Del.C. §4764 criminal penalties; 1 to 25 plants generally a misdemeanor with fines and possible jail; larger operations felony charges. Diversion or sale: felony trafficking under 16 Del.C. §4752. Landlord liability possible under federal law.
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