Delaware legalized adult-use cannabis (HB 1+2, 2023) but bans public consumption. Smoking or vaping cannabis in Wilmington streets, parks, vehicles, or public spaces remains a civil violation.
Delaware HB 1 and HB 2 (2023) legalized adult possession and personal use of up to one ounce of cannabis for adults 21+, but explicitly prohibit public consumption. Smoking, vaping, or otherwise consuming cannabis in Wilmington streets, sidewalks, parks, vehicles, or any public location remains a civil violation. The Delaware Office of the Marijuana Commissioner regulates the retail framework launched in 2025. Wilmington enforces state rules via Wilmington Police; landlords may also restrict on-premises use in rental housing.
Public cannabis consumption draws civil fines under Delaware law; combined with driving, charges escalate to DUI under Title 21, with criminal penalties.
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See how Wilmington's public marijuana use rules stack up against other locations.
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