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Marijuana Dispensary: Delaware’s Adult-Use Cannabis Market

Adult-use cannabis sales are expected to launch in Spring 2025 in Delaware. The Office of the Marijuana Commissioner (OMC) awarded 124 conditional licenses in October and December 2024, including 30 retail licenses. These licenses require further steps to become active.

Delaware’s Cannabis Legalization Laws

HB 1 (April 2023) – Legalized possession of up to one ounce for adults 21+ (no home cultivation).
HB 2 – Regulates and taxes cannabis sales for adults.
HB 408 (July 2024) – Allows medical dispensaries to convert into adult-use retailers.

Medical Cannabis Program Updates

🏥 HB 285 (2024):

  • Removes condition list – Doctors, NPs, and PAs can recommend cannabis for any condition.
  • Self-certification – Patients 65+ can self-certify for medical cannabis.
  • Extended card validityTwo- to three-year terms (terminally ill patients get indefinite cards).
  • Out-of-state reciprocity – Recognizes out-of-state medical cannabis cards.

🏥 HB 425: Moves medical cannabis regulation under the OMC, aligning it with adult-use oversight.

Expungement Laws in Delaware

📜 SB 197 (2018) – Allowed automatic expungement for possession of up to one ounce.
📜 SB 37 (2019) – Expungement after five years for misdemeanors, seven years for felonies.
📜 SB 111 & SB 112 (2021)Automatic expungement of misdemeanor cannabis convictions after 10 years (effective August 1, 2024).

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State
Legal Status
Medicinal
Decriminalized
Delaware
Fully Legal
Yes
Yes