Self-service kiosks for Delaware dispensaries

IN-STORE SCREEN RULES · DELAWARE

What you can show on screens in Delaware

Delaware retail stores may not let product be viewed from outside, and advertising may not be placed on the side of a building or in another publicly visible location, so screens should not be readable from the street. Advertising and marketing may not depict consumption, make health or benefit claims, promote overconsumption, imitate branded consumer products, or use cartoons, caricatures, balloons, toys, or images of minors; the earlier bans on neon colors, fruit shapes, and celebrity likenesses were removed in March 2026. Discounts may be advertised if not tied to non-marijuana purchases, but free product is prohibited in all circumstances; promotions for medical-card holders are exempt. All public-facing advertisements must carry four prescribed health and safety statements and identify the responsible establishment, and the regulation does not define whether screens inside the age-restricted retail area count as public-facing. Display cases must show each product’s potency next to its name, the license must be displayed, exterior signs are capped at 75 square feet with no realistic leaf, and there are no pre-approval, sign-count, or motion rules.

Applies to: adult-use marijuana establishments and retail stores under 4 DE Admin. Code 5001; medical compassion centers under 16 Del. C. § 4919A. Regulator: Delaware Office of the Marijuana Commissioner.

• Products may not be displayed in a manner visible to the public from a public right-of-way or viewable from outside the store. “Displaying marijuana products in an insecure manner or in a manner that products can be viewed from outside the establishment” (4 Del. C. § 1331(16); 4 DE Admin. Code 5001 § 6.5.2.6)
• Advertising may not be placed on the side of a building or in another publicly visible location, including a device or graphic display; whether a screen visible through a window qualifies is not settled. “another publicly visible location of any form, including a sign, a poster, a placard, a device, a graphic display” (4 DE Admin. Code 5001 § 10.2.1.4)
• All public-facing advertisements and marketing materials must carry four health and safety statements and identify the responsible establishment; whether screens inside the age-restricted retail area are public-facing is not defined. “For use by adults 21+, KEEP OUT OF REACH OF CHILDREN!” (4 DE Admin. Code 5001 § 10.1.1-10.1.2)
• The 85 percent audience rule applies to television, radio, internet, mobile apps, social media, other electronic communication, event sponsorship, and print; in-store screens are not named. (4 DE Admin. Code 5001 § 10.1.3)
• No cartoons, caricatures, balloons, toys, or images of minors; no imitation of existing branded consumer products. “Cartoons, caricatures, balloons, or toys” (4 DE Admin. Code 5001 § 10.2.1.2, 10.2.1.7)
• No depiction of consumption, no promotion of overconsumption, and no health or physical benefit claims; nothing deceptive or misleading. “Contain any health or physical benefit claims.” (4 DE Admin. Code 5001 § 10.2.1.1, 10.2.1.8-10.2.1.10)
• Free product is prohibited under any circumstance; discounts are allowed if not made in conjunction with the sale of non-marijuana products; promotions for medical-card holders are exempt. “Retail marijuana stores may not offer marijuana or marijuana products free of charge under any circumstance.” (4 DE Admin. Code 5001 § 10.4)
• Branding (name and logo) is not advertising but may not appeal to minors. (4 DE Admin. Code 5001 § 10.3)
• Display cases must show each product’s potency next to its name; the license must be prominently displayed. “must include the potency of the marijuana or marijuana products next to the name of the marijuana or marijuana products” (4 DE Admin. Code 5001 §§ 6.5.5.2.1, 6.5.3.4)
• Exterior signs may not show a realistic leaf and are capped at 75 square feet or the local limit; no interior sign count or size limit, pre-approval, fee, or video and motion rule was found. (4 DE Admin. Code 5001 § 10.2.3)
• Medical compassion centers may not advertise sales in print, broadcast, or by paid in-person solicitation; signs on the property are allowed. (16 Del. C. § 4919A(k))

Potency on menus: Requirement: a display case containing products must show the potency next to each product’s name using the labeling standards (4 DE Admin. Code 5001 § 6.5.5.2.1). No menu-specific rule and no restriction on displaying potency were found.

Where the rule is "keep it accurate," a menu that reads from the POS does the work: sold-out products drop off on their own and the price on the wall is the price at the register. Where the rule is about content, the layout and the campaign are yours to keep inside the lines.

Summary for kiosks operators, reviewed against the primary sources on September 24, 2026. Not legal advice. Rules change; confirm with Delaware Office of the Marijuana Commissioner before a campaign goes live. Every state: in-store screen rules by state.