Delaware Cannabis Business Licenses
WHAT IS DELAWARE'S CURRENT CANNABIS MARKET STATUS?
Cannabis in Delaware is legal for medical purposes for qualifying patients, and efforts to decriminalize and legalize recreational cannabis is in the works. The state only has three counties, making potential state-wide legalization look very promising.
WHAT ARE DELAWARE'S CANNABIS LAWS?
Medical cannabis is the only form of legal cannabis in the state of Delaware. In May 2011, Governor Jack Markell signed legislation allowing patients 18 and older with "certain serious or debilitating conditions" to use cannabis, and possess up to six ounces. Qualifying conditions include cancer; Alzheimer's disease; post-traumatic stress disorder; and conditions that cause nausea, severe pain or seizures, among other illnesses.
WHAT IS DELAWARE'S CANNABIS LICENSING TIMELINE & CANNABIS APPLICATION PROCESS?
Medical cannabis businesses are called Compassion Centers in the state of Delaware. A Compassion Center may possess, cultivate, manufacture, transport, and must operate under the following conditions:
A compassion center shall be operated on a not-for-profit basis.
A compassion center shall not be located within 1,000 feet of the property line of a preexisting public or private school.
New applicants for a Compassion Center License shall only be accepted during an open application period announced by the Department.
A non-refundable application fee, made payable to the Division of Public Health, Medical Marijuana Program, in the amount of $5,000will be required at the time of application.
Delaware is not currently accepting applications but possibly will begin again soon.
WHAT IS THE HISTORY OF CANNABIS IN DELAWARE?
The first medical cannabis clinic in Delaware opened in Wilmington in June 2015. Since then, around 340 Delaware residents held cards from the Delaware Health and Social Services, allowing them to purchase cannabis in order to treat their medical conditions. However, as of 2016, medical-cannabis card holders still struggled to obtain the treatment, causing people to seek out the drug from the illicit market or cross state-lines.The medical cannabis legislation provided that all three of the state's counties — New Castle, Kent, and Sussex — must have a place to legally obtain medical cannabis by January 1, 2013. However, only a single facility (the Wilmington facility in New Castle County) has opened as of 2016. In June 2015, Governor Markell signed legislation decriminalizing the possession of one ounce or less of cannabis by adults with a civil infraction that carries a $100 fine. Under the legislation, it remains illegal for minors (people under age 21) to possess cannabis. In June of 2019, A Delaware House committee approved a bill to legalize cannabis for adult use in the state. The legislation would allow people aged 21 and older to possess, consume and purchase certain amounts of cannabis. It also contains a number of social equity provisions, including expungements for individuals with prior possession convictions. The bill has been through many revisions since then and has yet to be presented to the Senate.
DOES DELAWARE HAVE A HEMP PROGRAM?
ARE YOU PREPARING FOR THE DELAWARE CANNABIS MARKET?
Delaware’s cannabis market will only continue to grow with its current medical cannabis market and possible recreational legalization. The opportunity to operate a cannabis business of your own within the state is on the horizon. Contact Point7 to discuss the fully customizable products and service packages available that have proved successful for operators around the country.