Last verified: March 2026
Recreational Possession Limits (Adults 21+)
Under HB 1 and Title 16 §4701(37), adults 21 and older may possess a "personal use quantity" defined as:
| Product Type | Limit |
|---|---|
| Flower (dried cannabis) | 1 ounce (28.35 grams) |
| Concentrates (wax, shatter, oil, etc.) | 12 grams |
| THC-infused products (edibles, tinctures, etc.) | 750mg total THC |
These limits apply to what you may possess at any given time, not what you can purchase per transaction. There is no separate "purchase limit" distinct from the possession limit — you simply cannot possess more than the amounts above.
Medical Patient Possession Limits
Registered medical marijuana patients in Delaware receive significantly higher limits:
| Category | Limit |
|---|---|
| Total possession | Up to 6 ounces |
| Purchase per 14-day period | Up to 3 ounces |
Medical patients must carry their valid Delaware medical marijuana card and a government-issued photo ID at all times when in possession of cannabis. The 14-day purchase cap is tracked through the state's dispensary system.
Recreational vs. Medical: Side-by-Side
| Feature | Recreational | Medical |
|---|---|---|
| Flower possession | 1 oz | Up to 6 oz |
| Purchase frequency limit | None (possession-based) | 3 oz per 14 days |
| Home cultivation | Not allowed | Not allowed |
| Tax rate | 15% | Exempt from 15% cannabis tax |
| Employment protection | None | Cannot be discriminated against for status/positive test |
| DUI defense | None (zero-tolerance per se) | Defense to per se charge (not impairment charge) |
Adult Sharing Is Legal
Delaware law permits adults 21+ to share cannabis with other adults, provided that no money, goods, or services are exchanged. This means you can give a friend a joint or share an edible at a private gathering, but you cannot sell it, barter for it, or accept anything of value in return.
The line between "sharing" and "selling" is strictly enforced. Any exchange of compensation — even indirect trades, "donations," or barter — can be prosecuted as unlicensed distribution, which is a felony carrying up to 8 years in prison.
What Counts Toward Your Limit?
All cannabis products you have on your person, in your vehicle, or at your residence count toward the possession limit. The three categories (flower, concentrates, and THC products) are defined separately, but possession of amounts exceeding any of the limits puts you at risk of criminal charges.
If you possess between 1 ounce and just under 175 grams of flower, the charge is an unclassified misdemeanor with penalties of up to $575 and 3 months in jail. Above 175 grams, charges escalate to felonies with serious prison time. See the full breakdown on our penalties page.
Minor Possession (Under 21)
Persons under 21 who possess cannabis face a $100 civil fine for a first offense. This is not a criminal charge and does not result in a criminal record. However, subsequent offenses or possession of larger quantities may carry more serious consequences.
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org