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Delaware

Regulatory Framework

The Office of the Marijuana Commissioner (OMC) is the state agency responsible for regulating the adult-use industry. [1] Office of Medical Marijuana (OMM) overseen by the Department of Safety and Homeland Security (DSHS), regulates the medical industry. [3] As of March 2024, OMC is seeking public comment on several aspects of the newly formed industry. The adult-use industry was orginally expected to launch in November 2023, but has been delayed to 2025. [5]

Legal Status

Market Status Statute Year
Adult-Use Legal HB 1 [9], HB 2 [8] 2023
Medical Legal Medical Marijuana Act [7] 2011
Homegrow Illegal HB 1 [9] 16 Del C. c. 47 § 4764A(c)(2) 2023

Track-and-Trace

Delaware uses BioTrack for its medical seed-to-sale tracking system [2].

Licensing

The Delaware Marijuana Control Act outlines various license types available for adult-use and medical cannabis businesses. OMC appears to be classifying these as "Open Licenses." These include: [4]

  • Cultivation facilities
  • Manufacturing facilities
  • Retail facilities
  • Testing facilities

As of March 2024, OMC has not finalized all tiers or designations of these license types, and is actively seeking public comment. [1] OMC is intending to move forward with the following special classifications of licenses: [4]

  • Social Equity Licenses
  • Microbusiness Licenses

Open licenses are available for cultivation, manufacturing, retail, and testing facilities. The criteria for all license types include the applicant's business plan, experience, security plan, and social responsibility plan [4].

Possession Limits

Item Possession Limit
Adult-Use Possession (37) “Personal use quantity” means 1 ounce or less of marijuana in the form of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol. [9] 16 Del C. c. 47 § 4701(37)
Medical Marijuana Patient 6 ounces of usable marijuana per qualifying patient for their designated caregiver to possess [10] 16 Del C. c. 49A § 4903A(a)

Medical Cannabis

Delaware’s Department of Safety and Homeland Security (DSHS) Office of Medical Marijuana (OMM) partners with the Department of Health and Social Services (DHSS) to regulate medical marijuana [3].

Qualifying conditions for an adult medical marijuana card in Delaware include:

  • Terminal illness
  • Cancer
  • Positive status for Human Immunodeficiency Virus (HIV Positive)
  • Acquired Immune Deficiency Syndrome (AIDS)
  • Decompensated cirrhosis
  • Amyotrophic Lateral Sclerosis (ALS / Lou Gehrig’s Disease)
  • Agitation of Alzheimer’s disease
  • Post-traumatic Stress Disorder (PTSD)
  • Intractable epilepsy
  • Autism with self-injurious or aggressive behavior
  • Glaucoma
  • Chronic Debilitating Migraines
  • A chronic or debilitating disease or medical condition:
    • Cachexia or wasting syndrome
    • Severe, debilitating pain that has not responded to previously prescribed medication or surgical measure for more than three months, or for which other treatment options produced serious side effects.
    • Intractable nausea
    • Seizures
    • Severe and persistent muscle spasms, including but not limited to those characteristic of Multiple Sclerosis [11]

Qualifying pediatric conditions include: [11]

  • Intractable epilepsy
  • A chronic or debilitating disease or medical condition where they have failed treatment involving one or more of the following symptoms
    • Cachexia or wasting syndrome
    • Intractable nausea
    • Severe, painful and persistent muscle spasms
    • Autism with self-injurious or aggressive behavior

To qualify for a medical marijuana card, applicants must be 18 years or older (or a minor with parental consent), have a Delaware residency, and be diagnosed with a qualifying medical condition by a Delaware licensed healthcare practitioner [12].

Delaware residents can act as caregivers for qualifying patients. Caregivers must be 21 years old, have no excluded felony convictions, and can assist no more than five patients [10]. 16 Del. C c. 49A § 4902A(6)

Additional Resources

References