What are the penalties for possessing too much cannabis in Delaware?

Possessing between 1 ounce and 175 grams is an unclassified misdemeanor (up to $575 fine, up to 3 months jail). From 175g to 1,500g is a felony with up to 2 years prison. From 1,500g to 5,000g carries up to 5 years. Over 5,000g has a 2-year mandatory minimum and up to 25 years prison.

Is it a felony to sell cannabis without a license in Delaware?

Yes. Unlicensed distribution of under 1,500 grams is a felony punishable by up to 8 years in prison. Even casual sales between friends — any exchange involving money, goods, or services — can be prosecuted as unlicensed distribution.

Can you get fired for using cannabis in Delaware?

Recreational users have no employment protections — employers can maintain zero-tolerance policies and fire for off-duty use or positive tests. Medical patients have limited protections: employers cannot discriminate based on patient status alone, but exceptions apply for workplace use, safety-sensitive roles, and federal contractors.

Delaware Cannabis Penalties — Fines & Laws

Legal Disclaimer: This information reflects Delaware cannabis law as of April 2026 and is for educational purposes only. It is not legal advice. Laws and regulations change — always verify current rules with the Office of the Marijuana Commissioner or a qualified attorney. Cannabis remains illegal under federal law.

Last verified: March 2026

Possession Penalties by Quantity

Delaware's penalty structure for cannabis possession escalates sharply with quantity. Possession within the personal use quantity (1 oz flower, 12g concentrate, or 750mg THC products) is legal for adults 21+. Beyond that:

Amount	Classification	Penalty
Up to 1 oz (28.35g)	Legal (adults 21+)	No penalty
1 oz – under 175g	Unclassified misdemeanor	Up to $575 fine, up to 3 months jail
175g – under 1,500g	Felony	Up to 2 years prison
1,500g – under 5,000g	Felony	Up to 5 years prison
5,000g+ (11 lbs)	Felony	2-year mandatory minimum, up to 25 years prison

The Jump Is Steep

The gap between legal possession and a felony charge is smaller than many people realize. At 175 grams (about 6.2 ounces), you cross from misdemeanor into felony territory with up to 2 years in prison. At the top end, possession of 5,000 grams or more carries a 2-year mandatory minimum.

Distribution and Sales Penalties

Unlicensed distribution carries even harsher consequences than simple possession:

Offense	Classification	Penalty
Unlicensed distribution under 1,500g	Felony	Up to 8 years prison
Distribution to a minor	Felony (enhanced)	Enhanced penalties apply
Transport across state lines	Federal offense	Federal trafficking charges regardless of amount

Remember: "sharing" without compensation is legal for adults 21+. But any exchange of money, goods, or services transforms a legal act into unlicensed distribution — a felony punishable by up to 8 years.

Cultivation Penalties

Home cultivation is illegal in Delaware for both recreational and medical users. Growing cannabis without a state-issued license is prosecuted under Title 16, Chapter 47, with penalties depending on the quantity of plants and harvested material.

Unlawful extraction using non-approved solvents (such as butane) is classified as a Class G felony, carrying up to 2 years of imprisonment. This applies to anyone attempting to produce concentrates, oils, or extracts outside of a licensed facility.

Public Consumption Penalties

Public consumption of cannabis is an unclassified misdemeanor under Title 16 §4764(d):

Fine: Up to $200
Jail: Up to 5 days imprisonment

"Public place" is defined broadly to include sidewalks, parks, parking lots, stores, restaurants, and any area within 10 feet of a publicly accessible space. Cannabis smoking is also prohibited wherever tobacco smoking is banned. For a detailed breakdown of consumption rules, see our consumption rules page.

DUI Penalties

Delaware enforces a zero-tolerance per se law for driving under the influence of cannabis. Penalties escalate significantly with each offense:

Offense	Fine	Jail	License
First offense	$230 – $1,150	Up to 6 months	12-month revocation
Second offense	Increased fines	Mandatory jail time	Extended revocation
Third offense	Felony-level fines	Class G felony (up to 2 years)	Extended revocation

For the full breakdown of DUI law, including the metabolite testing issue, see our DUI & driving page.

Minor Possession

Persons under 21 who possess cannabis face a $100 civil fine for a first offense. This is not a criminal charge. Repeat offenses may carry escalating penalties.

Employment Consequences

Beyond criminal penalties, cannabis use can carry significant employment consequences:

Recreational users: No employment protections whatsoever. Employers may maintain zero-tolerance drug policies and fire employees for off-duty use or positive drug tests.
Medical patients: Employers cannot discriminate based on medical marijuana patient status or a positive drug test alone. However, exceptions apply for workplace impairment, safety-sensitive positions, and employers who would lose federal contracts or benefits.

Housing Implications

Delaware's cannabis law also affects tenant-landlord relationships:

Landlords can prohibit smoking cannabis on rental properties (just as they can prohibit tobacco smoking).
Landlords generally cannot prohibit mere possession or consumption of non-smoked products (edibles, tinctures, etc.).
Exceptions: Owner-occupied properties with 3 or fewer rooms for rent, institutional housing, and properties subject to federal compliance requirements (such as federally subsidized housing).