Delaware: Market and legal data analysis of the cannabis sector

14th August 2024: US - Delaware: The Office of Marijuana Commissioner (OMC) has announced it will begin accepting online licence applications starting 19th August – two weeks ahead of schedule. The application process will remain open until 30th September. Applicants are required to submit a detailed business plan along with safety and security protocols, operational, training, and staffing plans, and disclose any criminal, civil or regulatory history. Delaware has set a limit of 60 cultivation licences, 30 manufacturing licences, 30 retail licences, and 5 testing facility licences.
18th July 2024: US - Delaware: House Bill (HB) 408 has been signed into law by governor John Carney. HB 408 allows temporary “conversion licences” to permit medical cannabis dispensaries to distribute recreational cannabis if certain conditions are met. It also allows the Delaware Office of the Marijuana Commissioner (OMC) to open applications for conversion licences by 1st August of this year. Delaware legalised recreational cannabis last year, but sales have not yet begun.
1st July 2024: US - Delaware: House Bill (HB) 408 has been passed by the Senate and now heads to the governor for final approval. HB 408 would allow temporary “conversion licences” to permit medical cannabis dispensaries to distribute recreational cannabis if certain conditions are met. It would also allow the Delaware Office of the Marijuana Commissioner (OMC) to open applications for conversion licences by 1st August of this year. Delaware legalised recreational cannabis last year, but sales have not yet begun.
27th June 2024: US - Delaware: House Bill (HB) 355 has been passed by the legislature and now heads to the governor for approval. HB 355 would ease access to financial services by licensed cannabis businesses by stating that banks, credit unions, armoured car services, and accounting service providers are not subject to prosecution under state law for working with licensed cannabis businesses.
20th June 2024: Delaware: House Bill (HB) 408 has been passed by the House and now heads to the Senate. HB 408 would allow temporary “conversion licences” to permit medical cannabis dispensaries to distribute recreational cannabis if certain conditions are met. It would also allow the Delaware Office of the Marijuana Commissioner (OMC) to open applications for conversion licences by 1st August of this year. Delaware legalised recreational cannabis last year, but sales have not yet begun.
29th May 2024: US - Delaware: House Bill (HB) 285 has been signed into law by governor John Carney. HB 285 significantly expands access to medical cannabis by allowing access to anyone with a “diagnosed medical condition or disease for which a health-care practitioner determines a patient would receive palliative or therapeutic benefit from the use of medical marijuana”, and by allowing people aged 65 or older to self-certify that they are using cannabis for medical purposes.
2nd April 2024: US - Delaware: House Bill (HB) 285 has been passed by the Senate and now heads to the governor. HB 285 would significantly expand access to medical cannabis by allowing access to anyone with a “diagnosed medical condition or disease for which a health-care practitioner determines a patient would receive palliative or therapeutic benefit from the use of medical marijuana”, and by allowing people aged 65 or older to self-certify that they are using cannabis for medical purposes.
13th February 2024: US - Delaware: Delaware marijuana commissioner Robert Coupe says that the expected date of the issuance of recreational cannabis retail licences will be March 2025 – instead of November 2024, as initially believed – press reports. Coupe said the reason for delay is that necessary documentation was not filed in time. Regulations that would allow medical cannabis providers to convert their licences to also provide recreational cannabis are also being considered, though they might not be granted before new recreational cannabis licences are issued.
26th January 2024: US - Delaware: The House has passed House Bill (HB) 285, which now heads to the Senate. HB 285 would significantly expand access to medical cannabis by allowing access to anyone with a "diagnosed medical condition or disease for which a health-care practitioner determines a patient would receive palliative or therapeutic benefit from the use of medical marijuana" and by allowing people 65 years of age or older to self-certify that they are using cannabis for medical purposes.
24th April 2023: US - Delaware: Democratic governor John Carney has a stated that he will allow House Bill (HB) 1 and HB 2, collectively known as the Delaware Marijuana Control Act, to be enacted into Delaware law without his signature. HB 1 will remove all penalties for adult (21+) possession, use, sharing and purchasing of up to 1 oz of cannabis and accessories. The definition of “personal use quantity” would be updated to include not only 1 oz or less of cannabis leaf, but also equivalent amounts of cannabis product in other forms (up to 12 g of concentrated cannabis, or cannabis products containing up to 750 mg of delta-9 THC). Home cultivation and consuming cannabis in public will remain prohibited. Meanwhile, HB 2 will establish a framework to regulate the growing, commercial sale, possession and taxing of adult-use cannabis. The bill will also make the Division of Alcohol and Tobacco Enforcement responsible for regulation of the market under the newly created office of Marijuana Control Commissioner, and set a 15% sales tax on adult-use cannabis, with an exemption for medical cannabis products. However, local municipalities will maintain control over where and when cannabis businesses can operate in their jurisdictions, or to prohibit cannabis business operations altogether through the enactment of an ordinance or ballot measure.
29th March 2023: US - Delaware: House Bill 1 has passed the Senate and gone to governor John Carney’s desk for approval. It would remove all penalties for adult (21+) possession, use, sharing and purchasing of up to 1 oz of cannabis and accessories. The definition of “personal use quantity” would be updated to include not only 1 oz or less of cannabis leaf, but also equivalent amounts of cannabis product in other forms (up to 12 g of concentrated cannabis, or cannabis products containing up 750 mg of delta-9 THC).

A companion bill, House Bill 2, establishing a framework to regulate the growing, commercial sale, possession and taxing of adult-use cannabis, has also passed the Senate and gone to the governor’s desk. It would make the Division of Alcohol and Tobacco Enforcement responsible for regulation of the market under the newly created office of Marijuana Control Commissioner, and set a 15% sales tax on adult-use cannabis, with an exemption for medical cannabis products.
13th March 2023: US - Delaware: House Bill (HB) 2 has passed the House and now heads to the Senate. HB 2, as a companion measure for HB 1, would set up a framework to regulate the growth, commercial sales and possession of adult-use cannabis.

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