Delaware's personal-use chapter is for people 21 and older. Selling or transferring marijuana to someone under 21 remains illegal.
This is a plain-language summary, not legal advice. Laws and local rules change. Read the official sources at the bottom of this page.
Cannabis-friendly lawyers in Delaware
Listed October 2026
These firms and attorneys are listed in the NORML lawyer directory for Delaware. Cities and phone numbers below are taken from those listings.
Criminal defense and individual help
Hopkins & Windett, LLC NORML directory
Adam Windett · Dover
Listed in the NORML lawyer directory for Delaware as a criminal defense and marijuana lawyer in Dover.
Source: NORML listing
Criminal defense
These lawyers defend cannabis and marijuana charges in Delaware.
Michael W. Modica
Wilmington
Michael W. Modica, in Wilmington, represents people charged with marijuana possession and other drug crimes.
John A. Barber
Wilmington
John A. Barber, whose office is in Wilmington, lists possession of marijuana among the Delaware drug cases he handles.
Brian J. Chapman
Newark
Brian J. Chapman, from a Newark office, holds himself out as a Delaware marijuana possession defense attorney.
Murray, Phillips & Gay
Georgetown
Murray, Phillips & Gay in Georgetown defends Delaware marijuana cultivation and marijuana DUI cases.
Not a referral. This list is not an endorsement, and there is no paid placement. We have not verified bar standing or discipline history. Before you hire anyone, confirm them through the Delaware State Bar Association.
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Personal use
- Title 4 says personal use should be legal for persons 21 or older, and that selling, distributing, or transferring marijuana to a person under 21 remains illegal.
- A consumer is a person 21 or older. A retail marijuana store is a licensed entity.
- A person under 21 may not purchase, possess, use, transport, or consume marijuana, and may not enter a licensed establishment. The civil penalty stated for that violation is $50.
- The chapter that applies after October 21, 2026 also covers marijuana products and infused beverages.
- The personal-use chapter does not authorize driving under the influence or driving while impaired.
Personal use quantity
- Title 16 defines a personal use quantity as 1 ounce or less of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-THC.
- Leaf marijuana means the dried leaves and flowering tops of the plant.
Property and extraction
- A landlord of a rented dwelling may prohibit possession or nonsmoked consumption only in the three cases listed in section 1307, including the landlord's own primary residence with no more than three rooms and three tenants.
- Unlawful extraction using a solvent other than water, glycerin, propylene glycol, vegetable oil, or food-grade ethanol, or using ethanol near an open flame, is a class G felony.