delaware
The First State
Adult Use cannabis in Delaware has officially legalized as of April 23, 2023 after the legislature worked through some difficulties. As the state balances an expanding medical market, rules and regulations are being finalized and the Adult-Use market is on its way to opening up for all interested entrepreneurs.
Legislation
The legislature generated the Delaware Marijuana Control Act with a focus on creating jobs with community benefits, eliminating the illicit market, and promoting individual freedom for safe and regulated consumption. 7% of tax revenue generated from sales will be allocated to a newly developed ‘Justice Reinvestment Fund’ which will provide financial grants, services, and opportune contracts towards restorative justice for those most affected by the War on Drugs.
To view the full legislation, please click the button below.
Licenses
The Act establishes four (4) different types of licenses for Adult-Use:
Cultivation Facilities
Product Manufacturers
Retail Dispensaries
Testing Laboratories
Licensing requirements are also divided into three distinct categories:
Open Licenses
Micro Business Licenses
Social Equity Licenses
All available license types are set to be evaluated using a competitive scoring process which will consider the merit and experience of applicants, as well as their locale and contribution to the local economy. More details about this competitive scoring system will be revealed in the near future.
Timeline
As of 2011, former Governor Jack Markell enables Delaware’s medical market, applying it to qualifying conditions such as Alzheimers, Cancer, PTSD. The medical market continues to operate, and in December 2015, the former Governor signed on legislation to decriminalize cannabis, making the possession of up to once ounce consequential to a $100 fine.
March 2022 - the Delaware House of Representatives voted against the Delaware Marijuana Control Act (HB 305) by a slim margin. This legislation would allow adults 21 years and older to carry cannabis up to once ounce, and help to establish cannabis business commerce within the state.
May 2022 - The Delaware House of Representatives has approved bill HB371, a bill to legalize cannabis possession and sharing between adults, making way for the Senate to approve its contents. HB371 passed in a 26-14 vote., and is the first of a two-pronged approach to the reform with a corresponding bill (HB372) also moving through committee to set up regulations for an adult-use market. The legislation comes from Representative Ed Osienski (D), who proposed the bill earlier this year to help launch Delaware’s adult use market.
May 12, 2022 - The Delaware Senate approved the House-proposed bill HB371 to legalize cannabis for adults statewide. The Senate gave their final voting approval in a 13-7 vote, just one day after the measure advanced through the Judiciary Committee. A separate bill detailing the aspects of regulations is now prepared on the House floor for consideration and discussion after clearing two panels in that chamber.
April 23, 2023 - After going back-and-forth with the legislature, Governor John Carney enabled HB1 and HB2, two bills to legalize adult-use cannabis within the State to pass. These bills create the framework allowing the marketplace to generate a brand new industry. The legislation went into law without Governor Carney’s signature.
As more market updates come in, we will update this Timeline. For more information on Delaware’s Cannabis Industry, please click the button below.