Across the hybrid multi-source index, Delaware is below average in overall freedom, ranking #48 of 50 states with a score of 43/100. Its strongest areas are drug policy, 1st amendment, regulatory burden, while it scores lowest in criminal justice, education choice, economic freedom.
Among the 50 states
Taller ticks are Delaware’s bordering states.
Delaware’s score, grade, rank and category breakdown follow the source you pick. How each is built
Default. Eight categories come from named outside publishers such as Fraser and NORML. Two are editorial.
The shape of the score
How Delaware performs in each freedom category, ranked best to worst.
Ten freedoms
Each tile shows the score, where it ranks among the 50 states and how far it sits from the national average (the tick on the bar). Each score is drawn from the publisher listed on the tile. Hover the source chip for edition and methodology detail.
#25 of 50 states-0.2 vs. national average (6.8)
Delaware ranks stronger than most states for free-speech protections, as measured by press-shield and anti-SLAPP laws, public-forum protections, and limits on protest restrictions.
#42 of 50 states-3.4 vs. national average (5.0)
Guns & Ammo 2023 — rank 42/50
Delaware ranks among the weakest in the nation for gun rights (42nd of 50), as measured by carry permitting, magazine and assault-weapon limits, and red-flag laws.
#23 of 50 states-0.9 vs. national average (5.4)
IJ Policing for Profit 2025 — forfeiture grade D-
Delaware ranks near the national middle for privacy and search protections, as measured by civil-asset-forfeiture limits, digital-warrant requirements, and surveillance rules.
#44 of 50 states-3.8 vs. national average (5.0)
Fraser EFNA 2024 (Overall subn score 5.06 for 2023) — rank 44/50
Delaware ranks among the weakest in the nation for economic freedom (44th of 50), as measured by income, sales, and property taxes alongside the broader business climate.
#42 of 50 states-3.4 vs. national average (5.0)
Vera People in Prison 2024 — rank 42/50 (479/100k)
Delaware ranks among the weakest in the nation for criminal-justice fairness (42nd of 50), as measured by incarceration rates, police accountability, and sentencing policy.
#1 of 50 states+2.7 vs. national average (6.8)
Cannabis status 2025 — Fully Legal (recreational use legal, retail sales operating)
Delaware ranks among the strongest in the nation for drug-policy freedom, as measured by marijuana legality, decriminalization, and drug-offense sentencing.
#33 of 50 states-1.7 vs. national average (6.7)
IJ Eminent Domain 2025 — post-Kelo protections D
Delaware ranks near the national middle for property rights, as measured by eminent-domain limits, zoning flexibility, and rent-control rules.
#33 of 50 states-1.1 vs. national average (6.6)
Delaware ranks near the national middle for religious liberty, as measured by a state RFRA, conscience protections, and religious-use accommodations.
#36 of 50 states-3.6 vs. national average (5.1)
EdChoice ABCs 2025 — no private-choice program, no programs
Delaware ranks among the weakest in the nation for school choice, as measured by vouchers, education savings accounts, and charter and homeschool access.
#22 of 50 states+0.8 vs. national average (5.3)
Mercatus RegData 2024 — rank 20/48 (103,543 restrictions)
Delaware ranks near the national middle for regulatory freedom (20th of 48), as measured by occupational licensing and business-entry barriers.
Against the leaders
Measured against the average of the five top-scoring states in each category. This describes where Delaware differs from high scorers on this index — it is not a claim that those policies are better.
Biggest gaps
+8.4 overall points available · highest: New Hampshire, Tennessee, South Dakota
+8 overall points available · highest: Wyoming, Idaho, Montana
+8 overall points available · highest: Massachusetts, Maine, New Jersey
+7.5 overall points available · highest: Arizona, New Hampshire, Florida
+4.5 overall points available · highest: Maine, New Mexico, Wisconsin
Closing all 5 gaps to the top-5 average would move Delaware up 36.4 points of overall score.
Strongest categories
9.5 vs national median 6.5 (+3)
6.1 vs national median 5.4 (+0.7)
How much any of this moves Delaware's rank depends heavily on how the categories are weighted — see the sensitivity analysis. Delaware profile
Next door
Overall freedom score for Delaware and each state it borders.
#33 of 50Compare
#45 of 50Compare
Delaware
#48 of 50
The signed figure is each state’s overall score minus Delaware’s.
Two editions
Difference between the current FreedomRankings Hybrid score and the Cato 2023 score. Because the two use different methodologies and source sets, this is not a same-methodology historical trend.
8 categories are higher · 2 lower · 0 unchanged
Delaware ranks #48 of 50 US states for overall freedom, with a score of 43/100 on the 2026 FreedomRankings index of constitutional rights, economic freedom, and personal liberty. Its strongest freedom is Drug Policy (9.5/10); its weakest is Economic Freedom (1.2/10).
Frequently Asked
Answers are generated from Delaware's actual category scores and rank. Toggle the source to recompute against a different dataset.
Delaware ranks #48 of 50 US states with a freedom score of 43/100. The score is a weighted average of 10 categories — constitutional rights, economic freedom, criminal justice, drug policy, education choice, and more — drawn from the FreedomRankings Hybrid multi-source index (Fraser Institute, EdChoice, Institute for Justice, Vera Institute, NORML, Mercatus RegData, Guns & Ammo).
Delaware scores highest in Drug Policy (9.5/10), 1st Amendment (6.5/10), and Regulatory Burden (6.1/10). These are the categories where Delaware is most protective of individual liberty relative to other US states.
Delaware scores lowest in Economic Freedom (1.2/10), Education Choice (1.5/10), and Criminal Justice (1.6/10). These are the categories where Delaware is most restrictive relative to other US states.
Delaware scores 1.6/10 on Second Amendment / gun rights, which places it among the strictest firearms regimes in the United States. This score reflects carry laws, permit requirements, magazine and assault-weapon restrictions, red flag laws, and castle doctrine / stand-your-ground protections.
Delaware scores 1.2/10 on economic freedom, placing it among the most restrictive states for economic freedom. The score reflects state income-tax rates, sales and property taxes, business tax climate, right-to-work status, and the overall regulatory burden on economic activity.
Delaware scores 9.5/10 on drug policy, which makes it among the most permissive drug-policy regimes in the country. The score incorporates recreational and medical marijuana legality, decriminalization of possession, harm-reduction programs, and sentencing for drug offenses.
Delaware scores 1.5/10 on education choice, placing it among the most restrictive states for education freedom. The score reflects voucher programs, education savings accounts, charter-school access, homeschool regulations, and tax-credit scholarships.
Each of Delaware's 10 category scores (0–10) is a weighted average, then multiplied by 10 to produce the overall 0–100 freedom score. Categories are weighted equally by default, but visitors can adjust the weights on the rankings page to produce a personalized ranking. The default source is the FreedomRankings Hybrid multi-source index; the Cato Institute 2023 edition and an editorial assessment are also available as toggles. See the methodology page for per-category source attribution.
Provenance
1st Amendment
FreedomRankings Editorial (no strong annual state-level source exists for 1st Amendment speech protections)
2nd Amendment
Guns & Ammo "Best States for Gun Owners"
4th Amendment
Institute for Justice -- "Policing for Profit" (asset forfeiture grades)
Economic Freedom
Fraser Institute -- Economic Freedom of North America (EFNA)
Criminal Justice
Vera Institute -- "People in Prison" (annual incarceration data)
Drug Policy
Per-state cannabis legality status (composite: NORML state pages, DISA legality map, NCSL medical cannabis tracker)
Property Rights
Institute for Justice -- Eminent Domain / Castle Coalition
Religious Liberty
FreedomRankings Editorial (no strong annual state-level source exists for religious liberty rankings)
Education Choice
EdChoice -- "ABCs of School Choice"
Regulatory Burden
Mercatus Center -- RegData state regulatory restrictions
Delaware ranks #48 of 50 states for overall freedom in 2026, with a score of 43/100 — 14.6 points below the 50-state average of 57.6/100. It scores above the national average in 2 of its 10 freedoms, a quick read on whether Delaware is broadly free or strong in just a few areas.
Delaware’s best freedoms are drug policy and 1st amendment. Delaware ranks among the strongest in the nation for drug-policy freedom, as measured by marijuana legality, decriminalization, and drug-offense sentencing. Delaware ranks stronger than most states for free-speech protections, as measured by press-shield and anti-SLAPP laws, public-forum protections, and limits on protest restrictions.
Delaware scores lowest on economic freedom and education choice. Delaware ranks among the weakest in the nation for economic freedom (44th of 50), as measured by income, sales, and property taxes alongside the broader business climate. Delaware ranks among the weakest in the nation for school choice, as measured by vouchers, education savings accounts, and charter and homeschool access.
Delaware’s closest neighbors in the ranking are California (#47, 43.9/100) and New York (#49, 41.3/100). Use the comparison tool to see exactly which freedoms separate them, category by category.
See how all 50 states stack up on the issues that drive Delaware’s score.
Figures published by federal agencies, with the file each one came from.
