Can You Legally Grow Cannabis in Delaware?

Delaware legalized adult-use cannabis in June 2023, but personal cultivation remains illegal. Neither recreational users nor medical marijuana patients can grow cannabis at home. The Marijuana Control Act does not provide any exceptions for home grows.

Who Regulates Cannabis Laws and Licensing in Delaware?

The Delaware Office of the Marijuana Commissioner (OMC) regulates the adult-use cannabis program. The Division of Public Health oversees the state’s medical marijuana program. These agencies enforce the rules for licensed growers and ensure compliance across the industry.

How Can You Apply for a Cannabis Cultivation License in Delaware?

While home cultivation is banned, licensed businesses can legally grow cannabis. If you're interested in commercial cultivation, you must apply through the OMC. Steps include:

• Registering as a business in Delaware
• Meeting local zoning and land use requirements
• Submitting fingerprints and passing background checks
• Paying all required fees and submitting a complete license application

Delaware will issue a limited number of cultivation licenses. Growers must follow strict tracking, reporting, and security protocols.

Can Medical Marijuana Patients Grow Cannabis at Home in Delaware?

Medical patients can purchase cannabis from state-approved compassion centers, but they cannot grow their plants. Delaware law has never permitted patient cultivation, and this restriction remains even with the legalization of adult-use cannabis.

What Are the Penalties for Growing Cannabis Illegally in Delaware?

Growing cannabis without a license is a crime in Delaware. You could face criminal charges, fines, and possibly jail time if caught cultivating illegally. Penalties depend on how many plants someone grows and whether they've been caught before.

Is Delaware Considering Legalizing Home Cannabis Cultivation?

There’s growing support from advocacy groups to allow personal cultivation, especially for medical users. However, as of now, no bills or amendments have been passed to change the law. Home grows are still illegal, and any policy change would require new legislation.

What Should You Know if You Want to Grow Cannabis in Delaware?

Delaware permits cannabis use, but growing your own remains off-limits. Commercial growing is tightly regulated and only available through licensed operations. If you’re hoping to grow in the future, keep an eye on state legislation. In the meantime, use BudSites to plan your grow, track ideal strains, and stay ready for when the law catches up to the needs of home growers.