Delaware Cannabis Advertising Laws

Delaware requires four health and safety statements on every advertisement viewable by the public, one of which runs to roughly sixty words, plus identification of every organisation responsible for creating and disseminating the material. It requires at least 85 percent of the audience to be reasonably expected to be at least 21 on reliable and current composition data, requires a neutral age screen before a visitor may view any website content, and prohibits advertising on the side of a building or any other publicly visible location.

Working with a partner that already knows these rules shortens the launch cycle. See how we run campaigns as a cannabis marketing agency in Delaware.

Legal for licensed marijuana establishments. Section 10.0 contains no pre-approval requirement. The constraints are the four statements at §10.1.2, the identification duty at §10.1.1, the 85 percent threshold at §10.1.3, the website age screen at §10.1.3.2, the content prohibitions at §10.2.1, the outdoor prohibition at §10.2.1.4, and the broadcast prohibition at §10.2.1.5. Medical compassion centers operate under 16 Del. C. §4902A(k).

Delaware legalised adult-use cannabis through House Bills 1 and 2 in 2023, creating the Delaware Marijuana Control Act at 4 Del. C. Chapter 13. The regulator is the Office of the Marijuana Commissioner. House Bill 425 (HB 425) in 2024 moved the Medical Marijuana Program there from the Division of Public Health.

Medical and adult-use cannabis do not share one advertising rule set. Two separate regimes apply:

• Adult use is governed by 4 Del. Admin. Code §5001, and specifically §10.0, finalised September 2024. That is the regime described throughout this page.
• Medical compassion centers are governed by 16 Del. C. §4902A(k), which prohibits advertising medical marijuana sales in print, by broadcast, or by paid in-person solicitation of customers, with four carve-outs.

Adult-use sales began on August 1, 2025, implemented first through existing compassion centers that took conversion licences into a combined market. A conversion licensee may be subject to both regimes.

This page is part of our state-by-state cannabis advertising laws library, covering all 50 states and the District of Columbia.

Business name and licence number

No licence number required. Under §10.1.1, all advertisements and marketing materials must accurately and legibly identify all organisations or marijuana establishments responsible for the creation and proliferation of the material. The provision names organisations responsible for creation as well as those responsible for proliferation.

The required warning statements

Four. All must appear on anything viewable by the public, under §10.1.2:

• "Marijuana ingestion by children can cause severe illness and hospitalization. KEEP IN LOCKED STORAGE CONTAINERS."
• "There may be health risks associated with the use of this product, and additional risks for women who are pregnant or breastfeeding or individuals 25 years of age and younger. Do not operate a motor vehicle or heavy machinery while using this product. The use of this product may result in adverse reactions with prescription medication, consult with your doctor or pharmacist."
• "For use by adults 21+, KEEP OUT OF REACH OF CHILDREN!"
• A statement that the product is not approved by the Federal Drug Administration to treat, cure, or prevent any disease, and that the FDA has not evaluated the product for safety, effectiveness, or quality.

How the warnings have to appear

Section 10.0 prescribes no percentage of the advertising area, no font size, no contrast standard, no audio requirement and no duration.

When the warnings are not required

Section 10.1.2 applies to materials viewable by the public. Under §10.3, branding is not considered an advertising or marketing activity and is not subject to §10.1 or §10.2, except that it may not appeal to minors and may not include neon colours, imitation of an existing branded consumer product, cartoons, cartoon-like fonts, caricatures, fruit, human or animal shapes, balloons, toys, depictions of a celebrity or celebrity likeness, or images of minors. Branding is defined as promotion of the establishment's brand through publication of the business name, logo, or other unique design features.

Hotline number

No. Delaware requires no helpline, hotline or poison control number. The four statements at §10.1.2 are the complete required set.

Prohibited content

Under §10.2.1, advertising may not:

• Be deceptive, misleading, false, fraudulent, or otherwise conducted in a manner that typically deceives or misleads, whether directly or through ambiguity or omission
• Contain symbols or methods commonly used to market to minors, including neon colours; imitation of an existing branded consumer product; cartoons, cartoon-like fonts, caricatures, fruit, human or animal shapes, balloons, or toys; depictions of a celebrity or celebrity likeness; and images of minors or references to products commonly associated with or marketed to minors — §10.2.1.2
• Use predatory practices targeting minors
• Imitate or resemble any existing branded consumer product
• Promote overconsumption or irresponsible use
• Depict the actual consumption of marijuana — §10.2.1.9
• Contain any health or physical benefit claims — §10.2.1.10

Section 10.2.1.2.3 lists fruit, human shapes and animal shapes among the prohibited symbols. Section 10.2.1.2 prohibits depictions of a celebrity or celebrity likeness, stated without qualification.

Anti-avoidance and third-party use

Under §10.1.3.2.3, the provisions may not be avoided by hiring or contracting with a third party, or outsourcing non-compliant advertisements. Under §10.1.3.3, an establishment may not allow use of its trademarks, brands, names, locations, or other distinguishing characteristics for third-party use for non-compliant advertisements.

The production duty and take-down obligation

Under §10.1.3.1, an establishment must provide audience composition data to the Commissioner if requested. If the data does not meet the requirements, or the establishment fails to provide it immediately, the establishment must remove the advertisement.

Discounts, coupons, and price promotion

Under §10.4, retail marijuana stores may not offer marijuana free of charge under any circumstance. Marijuana may be discounted, provided the discount is not made in conjunction with the retail sale of products other than marijuana. Any promotion must comply with the rest of §10.0, so a discount advertisement carries all four statements. Under §10.4.4, the promotions subsection does not apply to promotions offered to holders of a valid medical marijuana programme card.

Pre-approval

Not required. Section 10.0 contains no pre-submission requirement.

What the Law Requires

Twenty-one is the operative age for adult-use advertising and for the website age screen. Two other ages appear in §10.0 and neither is a targeting threshold. The second mandatory statement at §10.1.2 refers to additional health risks for individuals 25 years of age and younger, which is required disclosure language. Section 10.1.3.2.1 requires an alternative screening mechanism where a website is appropriate for a qualifying patient under 21.

Audience Percentage Thresholds

85 percent, as a floor on the adult share

Under §10.1.3, a marijuana establishment may not advertise by means of television, radio, internet, mobile application, social media, or other electronic communication, event sponsorship, or print publication unless at least 85 percent of the audience is reasonably expected to be at least 21 years old as determined by reliable and current audience composition data.

Event sponsorship

Event sponsorship is one of the media named in §10.1.3, so the same figure and the same evidence obligation apply to it. Section 10.0 contains no separate event sponsorship provision.

Where the burden sits

On the establishment. The data must be reliable and current. Under §10.1.3.1, it must be provided to the Commissioner if requested, and if it does not meet the requirements or is not provided immediately, the establishment must remove the advertisement.

Age Gating and Consent

Websites

Under §10.1.3.2, a neutral age screening mechanism verifying the user is at least 21, including an age-gate, age-screen, or age verification mechanism, before the user may access or view any content and before the site may collect the user's address, email address, phone number, or contact information to disseminate advertisements.

Medical patients under 21

Under §10.1.3.2.1, an alternative screening mechanism where a site is appropriate for a qualifying patient under 21.

Social and mobile notification

Under §10.1.3.2.2, an advertisement placed on social media or a mobile application shall include a notification that an individual must be at least 21 years old to view the content.

Solicitation

Under §10.2.1.5.2, advertising solicited by individuals 21 or older sits inside the exception to the broadcast and pop-up prohibition.

Location-based devices

Section 10.0 contains no location-based device provision.

People Depicted in Ads

Under §10.2.1.2, prohibited symbols include depictions of a celebrity or celebrity likeness, stated without qualification, and images of minors. Section 10.2.1.2.3 lists human shapes and animal shapes among the prohibited symbols. Under §10.2.1.9, no depicting the actual consumption of marijuana.

Section 10.0 sets no minimum age for persons appearing in advertising.

Restricted Locations and Buffer Distances

Section 10.0 contains no distance buffer. The regulation states no distance around schools, childcare facilities, playgrounds, parks, libraries, recreation centres, places of worship, or treatment facilities. This is an absence in the regulation rather than an omission from this page.

What the regulation does instead

Under §10.2.1.4, advertising may not be placed on the side of a building or another publicly visible location of any form. Under §10.2.1.5, no advertising on mass transit vehicles. Under §10.2.1.6, no paid or unpaid in-person solicitation of customers.

Local Ordinances

Under §10.2.3.2, exterior signage may not exceed 75 square feet or as limited by local ordinance, whichever is smaller. Under 16 Del. C. §4917A, local governments may enact ordinances regulating the time, place, and manner of compassion center operations, provided they do not prohibit operation altogether or make it unreasonably impracticable.

Can You Run a Digital Out of Home Screen in Delaware?

Section 10.2.1.4 prohibits advertising placed on the side of a building or another publicly visible location of any form, and names a graphic display among the prohibited forms. The exterior surface permitted by §10.2.3 is premises signage identifying the business, capped at 75 square feet or the local limit, carrying no realistic depiction of a marijuana leaf. Under §10.2.2, the Commissioner may consider limited exceptions when petitioned in connection with charitable or non-profit activities.

Compliant Use of Geotargeting

• Section 10.0 states no distance buffer, so there is no facility exclusion layer to build for Delaware.
• Exclude mass transit vehicles under §10.2.1.5, and any in-person or street-level activation under §10.2.1.6.
• For the media named in §10.1.3, the binding constraint is audience composition at 85 percent on reliable and current data, producible immediately under §10.1.3.1.
• Check the local signage ordinance before fabricating premises signage, since §10.2.3.2 applies the smaller of 75 square feet and the local limit.
• Confirm the age screen precedes all website content and all contact data collection, under §10.1.3.2.

Delaware runs two advertising rule sets under one regulator.

Adult use is governed by 4 Del. Admin. Code §5001-10.0, the regime described throughout this page.

Medical compassion centers are governed by 16 Del. C. §4902A(k), which provides that no person may advertise medical marijuana sales in print, broadcast, or by paid in-person solicitation of customers. Four carve-outs follow: appropriate signs on the property of the registered compassion center, listings in business directories including phone books, listings in trade or medical publications, and the sponsorship of health or not-for-profit charity or advocacy events. Under §4902A(o), the Commissioner may issue a civil fine of up to $3,000 for violations of that section. Under §4902A(m), a health-care practitioner may not advertise in a registered compassion center.

Because adult-use sales launched through conversion licences held by existing compassion centers, a single operator may be subject to both regimes.

Two provisions inside the adult-use rule treat medical differently. Under §10.4.4 the promotions subsection does not apply to promotions offered to medical card holders. Under §10.1.3.2.1 a website appropriate for a qualifying patient under 21 requires an alternative screening path.

Who regulates hemp here

The Department of Agriculture, under the Delaware Industrial Hemp Program at 3 Del. Admin. Code §805, approved by the United States Department of Agriculture in January 2020. Hemp means Cannabis sativa with delta-9 THC at or below 0.3 percent on a dry weight basis.

Non-intoxicating hemp and CBD

Permitted and available through general retail. A CBD product within the 0.3 percent delta-9 limit and without intoxicating cannabinoids is not marijuana and is not advertised by a marijuana establishment, so §10.0 does not apply to it.

Intoxicating hemp-derived cannabinoids

Under 16 Del. C. §4714, Schedule I includes any material, compound, mixture, synthetic substitute or preparation containing any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers, and not approved for use by the US Food and Drug Administration. The provision names tetrahydrocannabinols generally rather than delta-9 specifically, expressly extends to isomers, and states one carve-out, which is FDA approval. The hemp programme at §805 states no exception for isomers or total THC. The federal definition of hemp narrows in November 2026.

What it means for advertising

A product within the licensed marijuana channel is subject to §10.0 in full: the four statements at §10.1.2, the identification duty at §10.1.1, the 85 percent threshold at §10.1.3, the outdoor prohibition at §10.2.1.4, and the website age screen at §10.1.3.2. A non-intoxicating hemp product within the industrial hemp programme is outside §10.0. Classify each product against §4714 before building a media plan.

Every statement on this page traces to one of the following:

• 4 Del. Admin. Code §5001-10.0, Advertising, Regulations of the Office of the Marijuana Commissioner, final 28 DE Reg. 226, September 1, 2024
• 16 Del. C. Chapter 49A, the Delaware Medical Marijuana Act, including §4902A(k), §4902A(m), §4902A(o) and §4917A
• Delaware Administrative Code Title 4, Alcoholic Beverages and Marijuana
• Delaware Marijuana Control Act, creating 4 Del. C. Chapter 13
• 16 Del. C. §4714, Schedule I of the Delaware Uniform Controlled Substances Act
• State of Delaware announcement on the first day of adult-use sales, August 1, 2025
• Office of the Marijuana Commissioner FAQs, including the HB 425 transfer of the Medical Marijuana Program