Delaware Statewide Ban on Cannabis Home Cultivation

House Bill 1 of 2023, codified as the Delaware Marijuana Control Act, legalized possession of up to one ounce of marijuana for adults 21 and older effective April 23, 2023. However, the Act does not authorize home cultivation, and 16 Del.C. § 4764 continues to make unauthorized cultivation a criminal offense. Medical patients under the Delaware Medical Marijuana Act also cannot grow at home; product must be obtained through licensed compassion centers. Cultivation of any number of plants outside a state-licensed facility remains a misdemeanor or felony depending on quantity. Localities have no authority to authorize home grows; only the state can change cultivation policy.

Cultivation of cannabis without a state cultivation license is unlawful under 16 Del.C. § 4764. Penalties scale with plant count from misdemeanor to felony, plus forfeiture of equipment and possible probation.