Delaware caps personal cannabis cultivation at zero plants. Adults 21+ may possess up to one ounce, but growing any number of plants at a Wilmington residence remains a criminal offense.
When Delaware passed HB 1 and HB 2 in 2023, the General Assembly intentionally omitted any home-grow allowance, unlike most legalization states. Personal cultivation, regardless of plant count, is treated as unauthorized cultivation under DE 16 §4761A as amended by the marijuana laws. Wilmington Police and Delaware State Police both have authority to enforce. Hydroponic equipment alone is not illegal, but its use to grow cannabis is.
Charges range from misdemeanor possession-with-intent for small grows to felony cultivation for larger operations, with forfeiture of equipment.
Wilmington, DE
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Wilmington, DE
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See how Wilmington's personal cultivation limits rules stack up against other locations.
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