Governor Jack Markell signed the Delaware Medical Marijuana Act on May 13,2011, and it became effective on July 1, 2011. The Delaware Department of Health and Social Services (DHSS), Division of Public Health (DPH) is charged with implementing the Delaware Medical Marijuana Act that regulates the medical use of marijuana in Delaware. DPH’s Office of Medical Marijuana (OMM) operates the Delaware Medical Marijuana Program (MMP).

In June 2015, Delaware opened its first medical marijuana dispensary, the First State Compassion Center (FSCC) in Wilmington.

In 2021, Delaware increased the number of medical cannabis business licensees from three to six and there were six compassion centers in Delaware. First State had two, one in Wilmington and one in Lewes; Columbia Care had three, one in all three counties; and Fresh Cannabis had one in Newark.

According to the state’s Medical Marijuana Annual Report, about 15,500 medical cards were issued in the state in 2022. That is a 23% increase over the 12,600 cards issued in 2021.

In 2021, the state’s operations sold about $37.3 million in medical cannabis comparing to $27.7 million in 2020, a 35% increase. In 2022, medical cannabis sales were estimated at $45.8 million.

As of September 2023, registered patients could purchase medical marijuana products from 12 retail locations, according to the Delaware Medical Marijuana Program Annual Report Fiscal Year 2023. Sales were projected to exceed $52.5 million in 2023, according to the 2023 MJBiz Factbook.

The Office of the Auditor of Accounts (OAOA) estimates a potential Delaware cannabis market at $215 million with more than $43 million in annual tax revenue.

In April 2023, Delaware joined over 20 other states to legalize recreational cannabis use. An accompanying bill passed by the state legislature creates a regulatory structure and 125 licenses for growing, product manufacturing, testing and retailing. Sales are not expected until March 2025 while rules are being adopted and applicants are being reviewed. Retail sales will be subject to a 15% tax.

Delaware Cannabis Market Infographics