Marijuana, Medical Marijuana & Firearms in Delaware
Delaware allows marijuana use under state law in specified circumstances, but firearm ownership and purchases can also involve federal controlled-substance law. A major 2026 U.S. Supreme Court decision has changed how the federal firearm prohibition may be applied.
Important State/Federal Difference
Federal: Marijuana remains federally controlled
Firearm purchase: Form 4473 still asks about drug use
2026: Supreme Court limited §922(g)(3) as applied
U.S. Supreme Court: United States v. Hemani
The Supreme Court held that the federal government’s prosecution of Hemani under the “unlawful user” portion of 18 U.S.C. § 922(g)(3), based on his marijuana use, was inconsistent with the Second Amendment under the facts of his case.
The decision does not mean marijuana and firearms are now completely unregulated. Section 922(g)(3), federal controlled-substance law, ATF regulations, Form 4473, laws concerning firearm use while intoxicated, and other prohibited-person statutes remain important. The exact circumstances matter.
State legality does not automatically answer the federal firearm question
Delaware marijuana law, federal controlled-substance law, federal firearm law and Delaware’s firearm-under-the-influence statute operate independently.
State-Lawful Use Exists
Delaware law permits qualifying adult-use and medical marijuana activity.
Different Legal System
Federal controlled-substance and firearm statutes can apply independently of Delaware legalization.
Hemani Changed the Analysis
The federal “unlawful user” prohibition cannot simply be described as an automatic categorical firearm ban after Hemani.
Do Not Carry While Impaired
Delaware separately criminalizes possession of a firearm in a public place while under the influence under specified circumstances.
Jump to a section
Is marijuana legal in Delaware?
Delaware law permits specified possession and use of marijuana by adults age 21 or older and separately authorizes qualifying medical use under the Delaware Medical Marijuana Act.
State-lawful does not mean federally lawful
Delaware’s decision to permit marijuana does not itself amend the federal Controlled Substances Act or federal firearm statutes.
Why does federal law matter?
Federal firearm law includes 18 U.S.C. § 922(g)(3), which addresses persons who are unlawful users of or addicted to controlled substances.
As of this page’s last review, marijuana remains federally controlled while federal proceedings to potentially reschedule it are ongoing.
But § 922(g)(3) must now be read together with Hemani
The existence of the statute does not justify stating that every marijuana user is automatically and constitutionally disarmed. The Supreme Court’s 2026 decision materially limits that conclusion.
What did United States v. Hemani decide?
Hemani admitted using marijuana approximately every other day. The federal government prosecuted him under § 922(g)(3) for possessing a firearm in his home while allegedly being an unlawful user of a controlled substance.
The Supreme Court held the prosecution unconstitutional as applied to Hemani.
The Court concluded that the government’s application of the “unlawful user” provision to Hemani was inconsistent with the Second Amendment under the circumstances presented.
The Court emphasized that the government had not alleged that Hemani’s marijuana use caused him to present a danger to himself or others and had not alleged firearm misuse beyond possession in his home.
What Hemani did not decide
The decision should not be read as a blanket ruling that every application of § 922(g)(3) is invalid, that possessing a firearm while intoxicated is protected, or that marijuana has been removed from federal controlled-substance law.
What does ATF Form 4473 currently ask?
ATF Form 4473 still asks a prospective firearm recipient whether the person is an unlawful user of, or addicted to, marijuana or another controlled substance.
Do not provide false information on Form 4473
Hemani did not authorize firearm purchasers to make false statements on federal transaction records. A purchaser should answer the current form truthfully and obtain legal advice if uncertain how the question applies to their circumstances.
What if I have a Delaware medical marijuana card?
A Delaware medical marijuana authorization establishes rights under Delaware’s medical-marijuana law. It does not itself amend federal controlled-substance or firearm law.
A medical marijuana card and firearm eligibility are separate legal questions
After Hemani, the federal constitutional analysis is more nuanced than older ATF guidance suggesting every marijuana user was categorically prohibited. The card itself should neither be treated as automatic proof of permanent firearm prohibition nor as an exemption from federal law.
Can a marijuana user buy a firearm in Delaware?
There is no longer a reliable one-word answer that applies to every circumstance.
A Delaware FFL must follow current federal transfer requirements, ATF Form 4473, Delaware FTAP requirements and applicable purchaser-permit rules. The Supreme Court’s Hemani decision affects the constitutional application of § 922(g)(3), but it does not eliminate the dealer’s obligation to follow current transaction procedures.
The dealer cannot provide individualized legal advice
If a purchaser’s circumstances create uncertainty regarding controlled-substance use and firearm eligibility, the appropriate course is to obtain advice from an attorney familiar with current federal firearm law.
What about firearms someone already owns?
The federal statute addresses possession as well as acquisition. Hemani itself involved possession of a firearm already located in the defendant’s home, which is one reason the 2026 decision is important beyond the retail-purchase context.
The constitutionality of a particular firearm-possession restriction can depend on facts including the person’s pattern of controlled-substance use, whether the person was impaired, evidence of dangerousness and other circumstances. Other independent firearm prohibitions remain unaffected.
Possessing a firearm while under the influence
Delaware § 1460 makes it an offense to possess a firearm in a public place while under the influence of alcohol or drugs as defined by the statute.
Class A Misdemeanor
Class G Felony
Legal marijuana use does not authorize carrying a firearm while impaired
Delaware’s legalization of marijuana does not repeal § 1460. Firearm possession in a public place while manifestly under the influence of a recreational or illicit drug to the degree specified by the statute can still result in prosecution.
What counts as a public place?
For this statute, Delaware uses a broad definition that includes places accessible to the public or a substantial group of people.
Delaware § 1460 contains an affirmative defense
The statute provides an affirmative defense when the firearm was not readily operable or the person was not in possession of ammunition for the firearm.
An affirmative defense is not the same as permission
A person should not intentionally combine firearm possession and impairment based on an assumption that a statutory defense will later apply. The facts of an actual prosecution matter.
Marijuana and firearms in a vehicle
A vehicle can implicate several different laws at once: marijuana possession and use rules, impaired-driving law, firearm carry law and Delaware’s requirements for firearms left unattended in vehicles.
Keep the issues separate
The fact that marijuana may be lawfully possessed under Delaware law does not determine whether the firearm is lawfully carried, whether the driver is impaired or whether an unattended firearm is properly secured.
Does a Delaware CCDW allow carrying while using marijuana?
No carry license is an exemption from § 1460.
A Delaware CCDW concerns authority to carry a concealed deadly weapon. It does not authorize possession of a firearm in a public place while under the influence in violation of Delaware law.
What about federal marijuana rescheduling?
Federal proceedings have considered moving marijuana from Schedule I to Schedule III of the Controlled Substances Act.
A proposal is not the same as a completed legal change
Until a final federal change takes effect, do not assume that proposed rescheduling has changed the firearm transaction rules. Even after rescheduling, the interaction between lawful prescriptions, unlawful use, § 922(g)(3), ATF regulations and Hemani would need to be reviewed under the resulting law.
Questions during a firearm purchase
Coastal Firearms
DelawareGunLaws.com is supported by Coastal Firearms, a Delaware federally licensed firearms dealer.
An FFL must administer the firearm transaction using the current federal forms, background-check procedures and Delaware requirements. The dealer cannot change the wording of Form 4473 or provide a purchaser with an answer to a federal eligibility question.
Because federal marijuana-and-firearm law changed significantly after the 2026 Hemani decision, a customer with an individualized legal question should consult qualified counsel rather than relying on outdated internet guidance.
Frequently asked questions
Can I own a gun if I use marijuana in Delaware?
The answer now requires more analysis than older guidance suggested. Federal § 922(g)(3) remains on the books, but the U.S. Supreme Court held in United States v. Hemani that applying its unlawful-user prohibition to Hemani based on his marijuana use was unconstitutional under the facts of that case. Other circumstances and independent firearm prohibitions can produce a different result.
Does legal recreational marijuana in Delaware make it legal under federal law?
No. Delaware legalization does not itself change the federal Controlled Substances Act.
Does a Delaware medical marijuana card automatically prohibit firearm ownership?
The card should not be treated by itself as a simple permanent firearm-disqualification label. Federal marijuana law, actual use, § 922(g)(3), current ATF regulations and the Supreme Court’s Hemani decision all need to be considered.
Does Form 4473 still ask about marijuana?
Yes. The current federal Firearms Transaction Record continues to ask whether the purchaser is an unlawful user of, or addicted to, marijuana or another controlled substance.
Did the Supreme Court legalize guns and marijuana together?
No. Hemani held the government’s particular prosecution under § 922(g)(3)’s unlawful-user provision unconstitutional as applied to Hemani. It did not repeal controlled-substance laws or create a general right to possess firearms while intoxicated.
Can I carry my handgun after using marijuana?
Do not carry a firearm while impaired. Delaware § 1460 prohibits possession of a firearm in a public place while under the influence of alcohol or drugs under the circumstances defined by the statute.
Does my Delaware CCDW allow me to carry while under the influence?
No. A CCDW license does not provide an exemption from Delaware’s firearm-under-the-influence statute.
Is marijuana still a Schedule I drug federally?
As of this page’s August 8, 2026 review, federal proceedings to move marijuana from Schedule I to Schedule III have been underway, but a proposed rescheduling should not be treated as effective until the federal process produces a final change.
Can the gun store tell me how to answer the marijuana question on Form 4473?
The purchaser must truthfully complete the federal form. An FFL cannot provide a false answer or complete the purchaser’s eligibility certification for them. If the legal meaning of the question is unclear in a particular case, consult qualified legal counsel.
Related Delaware firearm-law topics
Official sources
ATF Form 4473
Current federal Firearms Transaction Record.
11 Del. C. § 1460
Delaware possession of a firearm while under the influence statute.
Delaware Marijuana Control Act
Delaware adult-use marijuana law.
Delaware Medical Marijuana Act
State law governing qualifying medical marijuana use.
Legal information, not legal advice.
DelawareGunLaws.com is an independent educational resource and is not affiliated with the State of Delaware, ATF, DEA, the U.S. Supreme Court or any government agency. Marijuana-and-firearm law is currently developing rapidly. The Supreme Court’s 2026 Hemani decision significantly changed the constitutional analysis of the federal unlawful-user provision, while federal controlled-substance law, Form 4473, Delaware firearm law and other independent firearm prohibitions remain relevant. Individual circumstances should be reviewed with qualified legal counsel when necessary.
Persons Prohibited From Possessing Firearms
Review Delaware and federal firearm-disqualification rules and understand why different prohibited-person categories require separate analysis.