Even though Delaware legalized adult recreational possession in 2023 (HB 1 and HB 2), home cultivation of marijuana plants remains illegal statewide. Wilmington residents cannot grow personal-use plants.
Delaware's 2023 legalization package, House Bill 1 (possession) and House Bill 2 (regulated industry, codified as Title 4 Chapter 13), permits adults 21+ to possess up to one ounce of marijuana but explicitly does not authorize personal home grows. Cultivation is restricted to licensed cultivation facilities under the Delaware Office of the Marijuana Commissioner (OMC). Growing even one plant in a Wilmington residence remains a misdemeanor under DE 16 §4761A as amended.
Personal cultivation can be charged as an unclassified misdemeanor or higher depending on plant count, with fines and possible jail time.
Wilmington, DE
Residential swimming pools in Wilmington require a building permit from the Department of Licenses and Inspections and must comply with the Delaware State Bu...
Wilmington, DE
Delaware does not preempt local tiny-home rules, and Wilmington's City Code Chapter 48 (Zoning) treats dwellings under the standard residential district bulk...
Wilmington, DE
Carports in Wilmington are accessory structures regulated under City Code Chapter 48 (Zoning) and require a building permit from the Department of Licenses a...
Wilmington, DE
Wilmington follows Delaware HB 80 (2017) informal sanctuary protections. The Wilmington Police Department limits civil immigration cooperation with ICE; crim...
Wilmington, DE
Delaware's Healthy Delaware Families Act (DE 19 §3702A) created statewide paid family and medical leave, fully effective 2026. Wilmington cannot create a sep...
Wilmington, DE
Delaware preempts local minimum-wage rules. The state minimum wage rose from $13.25 (2025) to $15.00 effective 2026 under DE Title 19 §902, applying uniforml...
See how Wilmington's home cultivation rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.