Opening a dispensary in Delaware
Delaware opened adult-use sales on August 1, 2025, starting with medical compassion centers that converted to serve adult use. The Marijuana Control Act authorizes 30 retail licenses, half reserved for social equity applicants, plus cultivation, manufacturing and testing licenses, and the first retail licenses were selected by public lottery in December 2024.
The market is small, about one million people, and under-built, so a well-run store can do well. New state laws in 2026 limit how far counties can restrict cannabis businesses, which should make local approval more predictable.
The regulator and the law
The Office of the Marijuana Commissioner (OMC) licenses and regulates the adult-use market. The legal framework is the Delaware Marijuana Control Act of 2023 and the OMC's regulations, with further changes from the 153rd General Assembly in 2026.
License types
| License | What it covers |
|---|---|
| Retail | 30 licenses authorized, 15 reserved for social equity applicants. |
| Cultivation | 60 licenses authorized, 20 for social equity applicants. |
| Product manufacturing | 30 licenses authorized: 10 social equity, 10 microbusiness and 10 open. |
| Testing | 5 licenses authorized, 2 for social equity applicants. |
| Conversion licenses | Allowed medical compassion centers to begin adult-use sales in August 2025. |
How licenses are awarded and current windows
Qualified applicants are selected by public lottery. The OMC held its first retail lottery on December 19, 2024, and selected applicants moved to a supplemental application before conditional licensing. Conditional licensees then build out and pass inspection before receiving a final license.
We could not confirm an open retail window as of October 2026. Some industry sources describe a 2026 retail round, but we have not seen it in an OMC publication. Check the OMC's site and news releases before planning around a date.
Ownership and management agreement rules
- Social equity applicants must be Delaware residents and at least 51% owned by qualifying individuals.
- Changes of ownership need OMC approval.
- Delaware has not published a rule written specifically for management services agreements that we can point to. Keep agreements flat-fee, at fair market value and with control left to the licensee, and confirm with counsel.
Social equity program
Social equity applicants must be Delaware residents who meet one of three tests: at least 51% ownership by people with certain past cannabis convictions, a parent or spouse with such a conviction, or living at least five of the past ten years in a disproportionately impacted area. They receive discounted application and license fees and technical assistance, and half of retail licenses are reserved for them.
Taxes
| Tax | Rate or rule |
|---|---|
| Retail marijuana tax | 15% |
| State sales tax | None; Delaware has no sales tax |
| Use of revenue | 7% of tax revenue goes to a Justice Reinvestment Fund |
| Infused beverages | A $0.50 per-container tax under HB 373 |
| Federal | 280E still limits deductions for adult-use businesses |
Confirm current rates with the Delaware Division of Revenue and your accountant.
Local approval steps
- Localities can regulate the time, place, manner and number of cannabis businesses.
- SB 75, law since July 1, 2026, sets statewide limits on how far counties can restrict retail, zoning and licensing, and sets minimum operating hours for retail stores.
- HB 271, signed June 24, 2026, applies spacing requirements only to retail licenses.
- Check county and municipal zoning for the site before signing a lease.
Key timelines
| Date | What happens |
|---|---|
| April 2023 | Adult-use legalized and Marijuana Control Act enacted |
| December 19, 2024 | First retail license lottery |
| August 1, 2025 | Adult-use sales begin through conversion licenses |
| June 24, 2026 | HB 271 signed: spacing rules apply only to retail |
| July 1, 2026 | SB 75 becomes law: limits on county restrictions |
| Next round | Watch OMC announcements |
Common mistakes
Planning around an unconfirmed window
Only rely on dates published by the OMC.
Underestimating cross-border competition
Maryland and New Jersey stores sit close to Delaware's borders.
Ignoring county rules
SB 75 limits county restrictions, but zoning and hours still vary.
Social equity structures that shift control
Qualifying owners must keep majority ownership.
How we help in Delaware
Delaware is a small market best served alongside New Jersey and Maryland work. We help lottery winners and conditional licensees open, and we help new applicants prepare for the next round.
Frequently asked questions
Can I apply for a Delaware dispensary license now?
We could not confirm an open retail window as of October 2026. Watch the OMC for the next round.
How many retail licenses does Delaware allow?
The Marijuana Control Act authorizes 30 retail licenses, half reserved for social equity applicants.
How are Delaware licenses awarded?
By public lottery among qualified applicants. The first retail lottery was held December 19, 2024.
What is Delaware's cannabis tax?
15% on retail sales. Delaware has no general sales tax.
Can a Delaware county ban dispensaries?
Localities can regulate or limit cannabis businesses, but SB 75 (2026) now sets statewide limits on county restrictions.
Sources
- Delaware News: OMC legislative updates, 153rd General Assembly (July 16, 2026)
- Delaware Business Times: OMC selects 15 marijuana retail applicants
- Marijuana Policy Project: Delaware's cannabis legalization laws
- Delaware Public Media: Recreational sales begin August 1
Last updated October 25, 2026. Rules change often. This guide is general information, not legal or tax advice; confirm current rules with the regulator and your attorney before acting.