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Delaware just legalized cannabis stores: What comes next?

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Hats off to Delaware, America’s second-smallest state that could! 

Adults 21 and up can carry an ounce of weed legally in the home state of President Biden; with legal sales on the way in 2024.

So, Leafly Nation, let’s take a minute to dig into H.B.1 and H.B.2. Want to know when stores will open? How much cannabis adults can legally possess? How much you’ll pay in taxes? Read on, we’ve got you covered.

Is weed legal in Delaware?

Yes. On Friday, April 21, Delaware’s Governor said he will allow H.B.1 and H.B.2 to take effect. H.B.1 legalized marijuana possession, while H.B. 2 laid the legal foundations of the adult-use market.

The adult-use bills follow the legalization of medical marijuana in Delaware in 2011, and a possession decriminalization bill in 2015.

Cannabis is legal to possess and share among adults 21 and over.

How much weed is legal in Delaware?

H.B.1 legalizes the possession of up to:

  • one ounce of flower
  • 12 grams of concentrate
  • or 750 milligrams of THC in edible form.

H.B.2, however, limits hash to a maximum of five grams.

Can I share legal cannabis in Delaware?

Yes. H.B. permits the “sharing” of marijuana in the absence of licensed stores, but not “gifting.” 

When will adult-use cannabis become available for purchase in Delaware?

Licensed stores won’t open their doors to adults for at least 16 months: August 25, 2024. The Delaware Division of Alcohol and Tobacco Enforcement (DATE) will regulate the market, via a to-be-established Office of Marijuana Control.

What forms of cannabis can Delaware adults purchase?

In addition to marijuana flower, H.B.2 lists “concentrates, edibles, ointments, and tinctures” as permissible products.

Will Delaware tax cannabis sales?

Yes, Delaware will levy a 15% sales tax on recreational cannabis, while medical marijuana will remain untaxed.

Can you grow weed legally in Delaware?

Delaware legalization does not permit personal cannabis gardens at this time.

Does the bill include equity provisions?

Yes, H.B.2 calls for equity licenses for business owners from drug war impact zones, or past drug offenders and their relatives.

Can Delaware cities and counties opt-out of sales?

Yes, localities can vote to opt-out of cannabis sales.

No. Public consumption (or consuming marijuana in a moving vehicle) will remain a misdemeanor punishable by a fine of $200 or a maximum of five days in jail.

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How did Delaware legalize cannabis?

In 2022, Delaware lawmakers passed a bill to legalize cannabis possession and gifting. Lawmakers also passed a separate bill to create an adult-use market. Governor John Carney (D) vetoed the second bill.

One year later, however, pro-reform lawmakers—led again by Rep. Al Osienski (D)— revived and passed both bills. This time around, Delaware Gov. Carney acknowledged that public consensus wasn’t on his side.

“My views on this issue have not changed,” Carney said in a statement on Friday. “I came to this decision because I believe we’ve spent far too much time focused on this issue, when Delawareans face more serious and pressing concerns every day. It’s time to move on,” the governor added.

Carney didn’t sign either of the two legalization bills, however—he just let them become law. In the absence of his signature, the two bills go into effect ten days after lawmakers send them to him. That means that H.B.1 took effect the day after 4/20 on Friday, April 21, and H.B.2 will take effect Tuesday, April 25.


With the passage of these two bills, Delaware has joined neighboring legalization states New Jersey, and Maryland, with just Pennsylvania remaining as a hold-out in the region.

Welcome, Delaware—the 22nd legalization state. Let weed freedoms ring.



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Which states could legalize weed in 2025?

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Look, we all know that 2024 didn’t exactly turn out to be a stellar year for cannabis legalization: South Dakota, North Dakota, and Florida all failed to pass legalization measures at the ballot box (the latter required a 60% approval). 

Yet 2025 could turn out much better for legalization proponents. Several states appear poised to put forth bills to legalize recreational cannabis or medical marijuana. The best bets? Adult-use in Pennsylvania and Hawai’i.

So whaddaya say, Leafly Nation? Let’s keep the train a-rolling!

Read on to learn which other states we’ve got our eyes on, the specifics of the measures themselves, and where the campaigns currently stand.

Hawai’i

It would be great to smoke some legal Maui Wowie in Maui. (David Downs/Leafly)
It would be great to smoke some legal Maui Wowie in Maui. (David Downs/Leafly)

My money would be on Hawaii being the best bet for legalization in 2025.

Karen O’Keefe, Marijuana Policy Project, in Marijuana Moment

Although Hawai’i failed to pass adult-use legalization last year, some activists see it as the lowest-hanging fruit in 2025. Karen O’Keefe, director of state policies at Marijuana Policy Project, explains that the state’s Democratic trifecta—control of the governorship, the state House and the state Senate—fuels her optimism. “My money would be on Hawaii being the best bet for legalization in 2025,” she said in an interview with Marijuana Moment, before acknowledging that it’s still not a “slam dunk.”

Pennsylvania

John Fetterman Senate victory
Voice for reform, Pennsylvania Sen. John Fetterman. (AP Photo/Gene J. Puskar)

You’d think that Pennsylvania woulda got its act together at this point: it boasts one of the most vocal pro-legalization senators in the country and a pro-legalization governor. All of its neighbors—except West Virginia—have legalized, too. But no such luck for the Keystone State. Yet.

Some activists think that momentum is building, and that state Democrats—who kept control of the state House in November’s elections, while the Senate remains in Republican hands—could successfully push a bill in 2025. 

“The nation is now looking at Pennsylvania to be the next large state to legalize adult-use cannabis,” the group Responsible PA said in a statement in November. “The conversation will also undoubtedly become a major budget item for PA lawmakers heading into 2025.”

A recent bipartisan stab at legalization in the Pennsylvania state house included a pathway for expungement for non-violent offenders and social equity licenses. It would have allowed existing medical shops to open a single additional location. We’ll be keeping an eye on whether those policies make it into the next proposal.

Until then, Pennsylvanians can give their dollars and taxes to neighboring legal New Jersey.

Idaho

Idaho boasts some of the harshest marijuana laws in the country, including a ban on CBD products that contain more than 0.0% THC. Yet the ambitious folks at Kind Idaho nonetheless aim to get an adult-use measure on the 2026 ballot

To be clear, history ain’t exactly on their side: Kind Idaho failed to gather enough signatures to get medical marijuana on the ballot in either 2022 or 2024. But what the hell, stranger things have happened. Here at Leafly HQ, we’re hoping that the third time’s the charm for the Gem State!

Related

Cannabis predictions for 2025: Low prices, high taxes, and hash

Kansas

The Kansas Legislature may take another crack at legalizing medical marijuana—their fifth—during the 2025 session, which began on January 13. 

State lawmakers came closest to success in 2021, when a legalization bill cleared the House. Yet the state Senate shot it down. Public radio station KCUR reports that the roller-coaster MMJ market in neighboring Oklahoma may deter lawmakers from supporting a bill in Kansas. 

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It’s unclear what provisions the bill would contain, but we can point towards lawmakers’ 2024 attempt for some guidance: That bill included a comprehensive list of qualifying conditions, but did not permit edibles or smokable cannabis.

Kentucky

Although Kentucky just launched its medical marijuana program on New Years Day, Governor Andy Beshear (D) is already signaling that he’d support an adult-use cannabis program, if MMJ goes well. Don’t tempt us, Andy!

Related

2024 election results for the cannabis voter: What you need to know

New Hampshire

Well, here’s the good news. New Hampshire lawmakers have said that they will make a renewed push to legalize adult-use cannabis in 2025.

And here’s the less good news: Newly-elected Governor Kelly Ayotte (R) does not want to play ball. 

As a result, even House Majority Leader Jason Osborne (R), who supports legalization in the state, doesn’t see it happening anytime soon. “I mean, we had an opportunity with the last governor to put that issue behind us, and we, frankly, blew it,” he told WMUR news. “So, I don’t imagine coming back to that for another decade, probably.”

South Carolina

In the waning days of 2024, South Carolina Republican state Senator Tom Davis re-filed a medical marijuana bill called the South Carolina Compassionate Care Act in advance of the state’s 2025 legislative session. Davis got a similar version of the bill over the finish line in the state Senate in 2024, but it failed to pass muster in the state House. 

Davis is confident that a more limited bill offers more potential for his state. “It requires doctors in patient authorization, doctor supervision,” Davis told WSPA 7 News. “It requires pharmacists to dispense it. It is a very conservative bill because that’s what South Carolinians want.”

Here’s to hoping 2025 is the year that Davis, and South Carolina patients, all find victory!  

Texas

austin capitol dome seen through trees
Austin’s local decriminalization efforts offer a path forward in Texas. (Kit Leong/AdobeStock)

Look, here at Leafly, we’re a “never say never” kind of crew. But we’re also trying to not get our hopes up about a new bill filed by state Rep. Jessica Gonzalez (D) in December. The bill would legalize the possession and purchase of up to 2.5 ounces of cannabis; it permits individuals to store up to 10 ounces at home. Public consumption would remain illegal. We’ll keep you posted.

Related

Legalization drives down cannabis prices, analysis finds

Wisconsin

Republican lawmakers in the Wisconsin state Legislature have regularly stymied the goals of Democratic Governor Tony Evers (D), including cannabis reform. Now, according to Marijuana Moment, Evers is making a push to allow for citizen-led ballot measures in Wisconsin. That policy, Evers hopes, would lead to legalization. 

Voters appear to be on his side. A recent poll from the conservative Institute for Reforming Government found that two-thirds of rural Wisconsin voters—to say nothing of the generally more progressive city dwellers—would support legalization.

Until then, Wisconsinites can give their dollars and taxes to neighboring legal Illinois.

Did we miss a state? Leave a comment below and let us know. Stay tuned to Leafly News for legalization updates in all of these states!



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Will hemp survive the new Farm Bill?

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America’s millions of hemp consumers continue to face an uneven landscape of rules and regulations that are as varied as the myriad (and occasionally funky) Thanksgiving leftovers currently fermenting in the back of your fridge. But rest assured, Leafly Nation, we’re here to help you make sense of the chaos, and separate the signal from the hemp-derived noise.

This past month, the drama and confusion escalated across the country: The US Senate revealed a “concerning” draft of the 2025 Farm Bill that could kneecap the industry, Connecticut retailers sued the state over strict new THC limits, Ohio cooked up a potential Delta-8 ban and Hawaii amended its hemp program to allow for hemp-derived THC in edible products. Plus, a couple of industry players celebrated expansions and big harvests, and an Arizona company launched a gargantuan 100 mg Delta-8 gummy, intended to treat Alzheimer’s. 

Without further ado, let’s dive in.

Spotlight: north’s Blueberry Dream Sleep gummies

blue package of north gummies
Courtesy of north.

Highlighting one of our favorite products of the month: Minnesota companies are on a tear right now, turning out some of the best hemp-derived THC beverages and gummies on the market. North exemplifies this trend with their well-balanced Sleep gummies. Each delectable little treat packs 5 milligrams of hemp-derived delta-9 THC, as well as 5 milligrams of CBD and CBN. As is often the case, I’d prefer the gummy to have less of a sugary coating, but the robust flavor and hefty effects make it a standout. A package of twenty gummies sells for $18 bucks, making it a good deal to boot. Learn more about North’s sleep gummies here.

Related

Leafly’s top 6 CBD gummies of 2024

That’s a big gummy

Arizona company CBD Life Sciences has announced the launch of a 100 mg Delta-8 gummy. The product has been designed with Alzheimer’s patients in mind;  a relatively small body of research shows that hemp-derived cannabinoids can alleviate symptoms of the disease.

Related

Leafly’s 5 top THCA flower brands of 2024

Top hemp news of December

The US Senate Committee on Agriculture, Nutrition and Forestry has released a new draft of next year’s Farm Bill, and the hemp industry is not pleased. (The bill follows the 2018 Farm Bill, which largely opened the door to the rapid expansion of hemp-derived cannabinoids.) Most notable, the new version redefines “hemp.” In lieu of the current approach, which sets a cap of 0.3% Delta-9 THC by dry weight, the new definition would set the limit at 0.3% total THC, which would include cannabinoids like Delta-8, Delta-9 and Delta-10 THC, as well as THCA. (This proposal still lands better than a version of the bill introduced in the US House in May, which would ban an estimated 90% of hemp products nationwide.) The bill won’t get much play until the next session of Congress begins next year, but rest assured, we’ll keep you posted as best we can.

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The best hemp deals of 2024

Connecticut retailers have sued the state over new THC limits in hemp products. In October, Governor Ned Lamont (D) signed a pair of new bills that cap THC at 1 milligram per serving; in January, the cap will drop to 0.5 mg per serving. “The state has impermissibly changed the definition of hemp, and that’s what it all boils down to,” said the retailers’ attorney, Genevieve Park Taylor. 

Another state seeks to limit THC: In Ohio, lawmakers are considering a proposal to cap hemp-derived cannabinoids at 0.5mg per individual serving, and 2mg per package.

Hawaii Governor Josh Green (D) has signed off on a new state policy that allows for low levels of THC in hemp-derived gummies and beverages. It also gives a green light to hemp extraction. The details of permissible THC, however, remain unclear. We’ve reached out to the state for more info.

Related

Leafly’s top 7 hemp pre-rolls of 2024

Not so fast: The Illinois Department of Agriculture (IDOA) has hit pause on new rules for the hemp industry after growers and retailers pushed back. Proposals to allow unannounced, random inspections and bar individuals with drug-related felony convictions on their record from participating in the industry proved particularly contentious.

Texas’ enormous hemp industry is gearing up for another legal battle. Next month, the state Legislature will reconvene, and industry is bracing for lawmakers to make a (third) attempt to shut them down.

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Hemp science news

Viva la hemp: A new study from a group of Texas-based scientists has concluded that hemp varieties contain a surprising amount of microbial diversity. The findings could eventually help farmers utilize microbes in order to maximize the health and productivity of their hemp plants.


And that’s a sample from the wild world of legal hemp this December—2025 is sure to contain even more surprises.



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Nebraska legalized medical weed: Here’s what’s next

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The 2024 general election has one high point for cannabis law reformers.

Nebraska has voted to legalize medical marijuana via two related measures—IM 437 and IM 438. The former essentially legalizes medical marijuana possession, and a health care professional’s ability to prescribe medical marijuana. The latter clears the path for a new state commission to write rules and regulations for a medical program. IM 437 passed with roughly 71% of the vote, and IM 438 passed with 70%.

In 2020, anti-marijuana state officials succeeded in knocking a medical marijuana legalization measure off that year’s ballot on the grounds that it violated a ‘single subject’ rule. A separate measure in 2022 failed to gather enough signatures to appear on the ballot.

Even though this year’s measures passed, proponents aren’t out of the woods yet. This September, Nebraska prohibitionists filed a lawsuit accusing signature gatherers for the campaign of “cheating” and gathering invalid signatures. The argument lacks much evidence, however; the case is currently before a District judge.

Here’s what happens next, if the measures move forward:

No. IM 438—aka the Nebraska Medical Cannabis Regulation Act—stipulates the creation of the Nebraska Medical Cannabis Commission, which must begin considering business applications by October 1, 2025. 

Don’t forget: Implementation of the program hinges on the district court allowing the measure to move forward.

How much marijuana will Nebraska patients be able to legally possess?

IM 437 legalizes the possession of up to 5 ounces of marijuana.

Related

Nebraska marijuana laws

When can I legally buy marijuana?

The measures do not set a specific date that sales will start. 

Can medical patients smoke a joint in public?

Neither measure addresses public consumption. But odds are low that patients will be able to legally consume in public. 

Can I grow cannabis at home in Nebraska?

Neither measure addresses homegrow. 

If the measures go into effect, the to-be-created Nebraska Medical Cannabis Commission will establish rules and rules for the program.

Related

Leafly’s guide to marijuana legalization

What kind of products will be available?

IM 438 gives a green-light to marijuana flower, concentrates, edibles, topicals and ointments.

Any equity or small-business licenses?

Neither measure addresses this question.

Will marijuana be taxed?

Neither measure addresses questions of taxation.


Stay tuned for more from Nebraska’s march toward medical cannabis.



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