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Marijuana and Drugs

16 Del. C. § 4764A — legal for 21 and over up to a personal use quantity, but not in public or in a moving car

For an individual 21 years of age or older, no civil or criminal penalty applies to sharing without payment, possessing, using, buying or transporting a personal use quantity of marijuana or less.

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  • A personal use quantity is 1 ounce or less of leaf marijuana, 12 grams or less of concentrated cannabis, or products with 750 milligrams or less of delta-9 THC.
  • In a vehicle, it is in a closed container or not readily accessible to anyone inside.
  • Growing, manufacturing or selling without a license is still unlawful.
ConductPenalty
ConductUsing it in a moving vehicle or an area accessible to the publicPenaltyUnclassified misdemeanor, up to $200 and up to 5 days
ConductHaving more than a personal use quantityPenaltyUnclassified misdemeanor, up to $575 and up to 3 months
ConductUnder 21 with a personal use quantityPenaltyA $100 civil penalty, then $200 to $500, then an unclassified misdemeanor
  • 16 Del. C. § 4764

Areas accessible to the public include sidewalks, streets, parking lots, parks, stores and restaurants, and outdoor spots within 10 feet of them or of a building's entrances, exits and open windows.

  • 16 Del. C. § 4764

Knowingly possessing any other controlled substance without lawful authority is a class B misdemeanor.

  • 16 Del. C. § 4763

Marijuana remains illegal under federal law, and employers and landlords may have rules of their own. A particular charge is a question for a licensed Delaware attorney.

Sources for this section (4)
  1. 16 Del. C. § 4764A — Legal marijuana-related activity
  2. 16 Del. C. § 4701 — Definitions
  3. 16 Del. C. § 4764 — Possession of marijuana; class B misdemeanor, unclassified misdemeanor, or civil violation
  4. 16 Del. C. § 4763 — Possession of controlled substances or counterfeit controlled substances; class B misdemeanor

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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