Frequently Asked Questions (FAQ)

“Adult-use” of marijuana is defined as purchasing, possessing, or consuming up to the personal use quantity of marijuana by someone 21 years or older. Adults may share marijuana with other adults, as long as there is no exchange of money.

The products are identical with the same production and testing standards. However, Medical Marijuana Program qualified patients are granted access to increased amounts of marijuana products and can participate in promotional sales and home delivery.

No. Marijuana remains illegal under federal law, and you may not carry or transport marijuana over state lines. It remains illegal to leave (or enter) Delaware with any marijuana products – medical or adult-use (non-medical) products. Mailing marijuana in or out of the State is also illegal.

Adult-use sales should begin in 2025.

Adult-use customers will have access to flower, vapes, edibles, tinctures, capsules, and other concentrates.

The Division of Alcohol and Tobacco Enforcement (DATE), under the Department of Safety and Homeland Security (DSHS), is responsible for the enforcement of the alcohol laws, youth access to tobacco laws, and the marijuana laws in Delaware.

DATE investigates and may arrest for violations of Title 4, Chapter 13 and Title 16, Chapter 49A, seize marijuana, including marijuana products and accessories that are manufactured, sold, kept, or transported in contravention of state law.

The MCA became effective on August 1^st, 2023.

The terms “cannabis” and “marijuana” are often used interchangeably, both refer to all products derived from the plant Cannabis sativa L that contain substantial amounts of tetrahydrocannabinol (THC). Hemp is also a Cannabis sativa L plant with very low THC content, these plants are considered “industrial hemp” rather than marijuana.

Both THC and CBD are considered cannabinoids which are found naturally in marijuana or cannabis. The cannabis plant contains about 540 chemical substances including multiple terpenes and dozens of cannabinoids.

Cannabinoids are a class of biological compounds that bind to cannabinoid receptors in the human body. They are most frequently sourced from and associated with the plants of the Cannabis sativa L plant.THC is the abbreviation for tetrahydrocannabinol, which is found naturally in various forms including THC-A, Delta 9 THC, Delta 8 THC and THC-V. The cannabinoid Delta 9 THC is primarily associated with the intoxicating effects of marijuana.

CBD is the abbreviation for cannabidiol, one of the many cannabinoids, or chemical compounds, found in marijuana and hemp. CBD is not an intoxicating substance and has some health benefits.

For an individual 21 years of age or older, it is legal to possess up to the personal use quantity of marijuana.

An individual 21 years of age or older, may possess up to the “personal use quantity” which is defined as 1 ounce or less of marijuana in the form of leaf marijuana , up to 12 grams concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol (as defined in HB1).

“Leaf marijuana” means the dried leaves and flowering tops of the plant cannabis sativa L. (as defined in HB1).

No. Consuming marijuana in an area accessible to the public is illegal.

No. Consuming marijuana in an area accessible to the public is illegal.

No. Consuming marijuana in a vehicle is Illegal.

You must be at least 21 years of age to possess or consume marijuana, unless you are a registered patient of the Delaware Medical Marijuana Program.

Yes, both Open and Micro businesses are eligible for everyone over the age of 21.

Please visit the OMC Licensing for detailed information.

Yes, there are nonrefundable application fee. Visit OMC License Application Fee and License Cost.

No, the application fee is nonrefundable.

Yes, upon selection and completion of the Conditional License documentation, a license fee will be required based on the license type. Visit OMC Application Fee and License Cost

Yes, the license is valid for 24 months and must be renewed at least 30 days before expiration.

Yes, licenses can be revoked if ownership requirement rules are violated, or if there are serious violations of regulations or law.

The Commissioner will begin accepting applications for vacant licenses in 2025.

The criteria considered for all license types will include the below listed minimum qualifications to be entered into the lottery for a license:

• The applicant’s comprehensive business plan, including an annual budget and pro forma financial statements.
• The applicant’s plans for safety, security, and the prevention of diversion.
• The applicant’s plans for operations, training, and staffing, including all the following:
  • A social responsibility plan outlining diversity goals, including plans to recruit and hire people of color, women, and veterans and to support their ownership and promotion within the organization, as well as the percent of employees it plans to hire from within the respective city or region of the State.
  • A plan to provide a safe, healthy, and economically beneficial working environment with fair scheduling practices, family-supporting wages, and benefits for its employees.
  • Any criminal, civil, or regulatory history encountered by other entities the applicant and managing officers have previously controlled or managed.
  • Any other criteria deemed appropriate by the Commissioner.

The types of licenses and the minimum requirements are set forth below. The regulations may impose additional requirements:

Social Equity Licenses

Microbusiness License

Open Licenses

• 2023 152nd General Assembly Delaware Marijuana Control Act, HB 1
• 2023 152nd General Assembly Delaware Marijuana Control Act, HB 2
  • 2024 152nd General Assembly HB334 w/ HA1 Technical Fixes to MCA
  • 2024 152nd General Assembly HB408 – OMM License Conversion
  • 2024 152nd General Assembly HB425 – OMM merger into the OMC
• Delaware Code Delaware Marijuana Control Act

The only products the State of Delaware recognizes as safe are those purchased in licensed retail centers. Unregulated hemp derived products lack safety and purity testing and may contain dangerous compounds which have not been well studied.

To reduce the risk of consuming dangerous substances from marijuana, it is important to buy marijuana from a State of Delaware regulated business. To protect the public, all marijuana grown in Delaware undergoes a rigorous testing protocol to detect mold, bacteria, yeast, pesticides, solvents, and heavy metals testing.

A variety of dangerous substances can grow on marijuana, including:

• Mold: Mold can grow on marijuana plants during cultivation, drying, and storage. Smoking moldy marijuana could cause respiratory problems, such as asthma attacks and bronchitis. In severe cases, mold exposure can lead to pneumonia or other serious infections.
• Bacteria: Bacteria can also contaminate marijuana plants. Smoking marijuana contaminated with bacteria could cause food poisoning and other gastrointestinal problems.
• Pesticides: Illicit market growers may use pesticides to control pests and diseases on their marijuana plants. Pesticides can be harmful to humans if they are inhaled or ingested.
• Heavy metals: Marijuana plants can absorb heavy metals from the soil and water they are grown in. Smoking marijuana contaminated with heavy metals can lead to a variety of health problems, including cancer, neurological damage, and reproductive problems.

In addition to these dangerous substances, Illicit market marijuana can also be contaminated with other harmful chemicals, such as solvents and cleaning agents. These chemicals can be used to extract THC from marijuana plants or to make marijuana more potent. Smoking marijuana contaminated with these chemicals can be very dangerous.

All state-regulated businesses are required to submit samples for testing.

If you are concerned about the risks of consuming dangerous substances from marijuana, or other health related concerns, talk to your doctor and your pharmacist.

Aspergillus is a genus of fungi that is commonly found in the environment. It can contaminate marijuana plants during cultivation, drying, and storage. Smoking aspergillus-tainted marijuana could lead to a serious lung infection called aspergillosis.

Aspergillosis is a potentially life-threatening infection that can cause a variety of symptoms, including:

• Cough
• Fever
• Shortness of breath
• Chest pain
• Hemoptysis (coughing up blood)
• Wheezing
• Weight loss
• Night sweats

In severe cases, aspergillosis can spread to other parts of the body, such as the brain, heart, and kidneys. This can lead to organ failure and death.

People who are at increased risk of developing aspergillosis from smoking marijuana include:

• People with weakened immune systems, such as people with HIV/AIDS, cancer, or who have recently had an organ transplant
• People with chronic lung diseases, such as asthma or cystic fibrosis
• People who smoke cigarettes

Even healthy people can develop aspergillosis from smoking marijuana contaminated with mold, but it is more common in people with weakened immune systems or chronic lung diseases.

In addition to the risk of aspergillosis, smoking marijuana can also have other negative health effects, such as:

• Increased risk of bronchitis and other respiratory problems
• Increased risk of heart disease
• Decreased cognitive function
• Increased risk of addiction

If you are concerned about the risks of smoking marijuana, or other health related concerns, talk to your doctor and your pharmacist. There are other ways to consume marijuana, such as vaping or eating edibles, that may lessen some of the risks described above.

Yes. Studies have found that marijuana use during pregnancy is associated with several adverse outcomes in children, including birth defects, low birth weight, premature birth, and neurodevelopmental problems. The effects appear to be more severe with heavier cannabis use during pregnancy.

If you are pregnant or considering becoming pregnant, it is important to talk to your doctor about the risks of cannabis use. Your doctor can help you to understand the risks and can make recommendations for managing your risk.

The only products the State of Delaware recognizes as safe are those purchased in licensed retail centers. Unregulated hemp derived products lack safety and purity testing and may contain dangerous compounds which have not been well studied.

To reduce the risk of consuming dangerous substances from marijuana, it is important to buy marijuana from a State of Delaware regulated business. To protect the public, all marijuana grown in Delaware undergoes a rigorous testing protocol to detect mold, bacteria, yeast, pesticides, solvents, and heavy metals testing.

A variety of dangerous substances can grow on marijuana, including:

• Mold: Mold can grow on marijuana plants during cultivation, drying, and storage. Smoking moldy marijuana could cause respiratory problems, such as asthma attacks and bronchitis. In severe cases, mold exposure can lead to pneumonia or other serious infections.
• Bacteria: Bacteria can also contaminate marijuana plants. Smoking marijuana contaminated with bacteria could cause food poisoning and other gastrointestinal problems.
• Pesticides: Illicit market growers may use pesticides to control pests and diseases on their marijuana plants. Pesticides can be harmful to humans if they are inhaled or ingested.
• Heavy metals: Marijuana plants can absorb heavy metals from the soil and water they are grown in. Smoking marijuana contaminated with heavy metals can lead to a variety of health problems, including cancer, neurological damage, and reproductive problems.

In addition to these dangerous substances, Illicit market marijuana can also be contaminated with other harmful chemicals, such as solvents and cleaning agents. These chemicals can be used to extract THC from marijuana plants or to make marijuana more potent. Smoking marijuana contaminated with these chemicals can be very dangerous.

All state-regulated businesses are required to submit samples for testing.

If you are concerned about the risks of consuming dangerous substances from marijuana, or other health related concerns, talk to your doctor and your pharmacist.

Aspergillus is a genus of fungi that is commonly found in the environment. It can contaminate marijuana plants during cultivation, drying, and storage. Smoking aspergillus-tainted marijuana could lead to a serious lung infection called aspergillosis.

Aspergillosis is a potentially life-threatening infection that can cause a variety of symptoms, including:

• Cough
• Fever
• Shortness of breath
• Chest pain
• Hemoptysis (coughing up blood)
• Wheezing
• Weight loss
• Night sweats

In severe cases, aspergillosis can spread to other parts of the body, such as the brain, heart, and kidneys. This can lead to organ failure and death.

People who are at increased risk of developing aspergillosis from smoking marijuana include:

• People with weakened immune systems, such as people with HIV/AIDS, cancer, or who have recently had an organ transplant
• People with chronic lung diseases, such as asthma or cystic fibrosis
• People who smoke cigarettes

Even healthy people can develop aspergillosis from smoking marijuana contaminated with mold, but it is more common in people with weakened immune systems or chronic lung diseases.

In addition to the risk of aspergillosis, smoking marijuana can also have other negative health effects, such as:

• Increased risk of bronchitis and other respiratory problems
• Increased risk of heart disease
• Decreased cognitive function
• Increased risk of addiction

If you are concerned about the risks of smoking marijuana, or other health related concerns, talk to your doctor and your pharmacist. There are other ways to consume marijuana, such as vaping or eating edibles, that may lessen some of the risks described above.

Yes. Studies have found that marijuana use during pregnancy is associated with several adverse outcomes in children, including birth defects, low birth weight, premature birth, and neurodevelopmental problems. The effects appear to be more severe with heavier cannabis use during pregnancy.

If you are pregnant or considering becoming pregnant, it is important to talk to your doctor about the risks of cannabis use. Your doctor can help you to understand the risks and can make recommendations for managing your risk.

Read Delaware’s Medical Marijuana Law.

Read Delaware’s Medical Marijuana Regulations.

No. Only Delaware residents can apply for the Delaware Medical Marijuana Program.

Yes, out of state medical marijuana patients can make purchases from Delaware medical marijuana dispensaries.

When you arrive at a Delaware dispensary, the dispensary staff will give you a QR code to scan, which will take you to a web page to complete the out of state application. You will be required to upload a picture of your state driver license and current medical marijuana ID card, to include making a payment. Once completed, you will immediately receive a link to download your out of state ID card which will allow you to make a purchase. Your new out of state ID card will have the same expiration date as your current state medical marijuana ID card.

Go to Visiting Patient Application

No. Marijuana use is not authorized on a school bus, the grounds of any preschool primary or secondary school or any correctional facility to include any health care treatment facility operated by the Department or funded contractually through the Department. Marijuana use is also not authorized in any form of transportation or in any public place.

No. Patients and caregivers are not authorized to grow or cultivate marijuana.

Patients are authorized to purchase three ounces of usable marijuana every 14 days, for a total of six ounces per month.

Contact your insurance provider or Medicaid official for an answer.

Visit the Medical Marijuana Program page for up to date information.

The products are identical with the same production and testing standards. However, Medical Marijuana Program qualified patients are granted access to increased amounts of marijuana products and can participate in promotional sales and home delivery.

• Yes, HB425 which passed in 2024, moved MMP from the Division of Public Health to OMC.
• If you are looking for a medical marijuana application, go to Medical Marijuana Patient Information