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.
Wilmington, DE
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 residenc...
Wilmington, DE
Delaware's Clean Indoor Air Act (DE 16 Ch. 29) bans smoking in enclosed workplaces and public places statewide. Wilmington parks and city facilities have add...
See how Wilmington's public marijuana use rules stack up against other locations.
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