Delaware Cannabis Expungement

Delaware Cannabis Expungements & Felonies

Discover comprehensive insights into the Delaware cannabis expungement process through these detailed and informative Frequently Asked Questions (FAQ).

How were Delaware cannabis expungements handled?

Individuals can petition to expunge past marijuana misdemeanors, and after seven years, up to four misdemeanor convictions and two non-violent felonies can be set aside.

All felonies? Only non-violent?

Based on SB 37 in Delaware, certain felonies are excluded from expungement eligibility. These felonies include:

  • Title 11 violent felonies as listed in the Delaware Code.
  • Felonies specified in 16 Del C. § 1136.
  • Felonies specified in 31 Del C § 3913.
  • Any felony conviction involving physical or sexual assault crimes as defined in the Beau Biden Child Protection Act​.

Were there any crimes related to cannabis that disqualified someone from applying as a social equity applicant?

Certain convictions disqualify applicants for cannabis licensure, including violent felony convictions, felony drug offenses within 10 years, and misdemeanor drug offenses within five years from the date of application​​.

Status of Current Social Equity Program:

A set amount of licenses are to be held for social equity applicants:

  • 15 Retailer
  • 20 Cultivators
  • 10 Product Manufacturers
  • 2 Testing labs

Social Equity Criteria:

  • An applicant for any type of license with at least 51% ownership and control by 1 or more individuals who have resided for at least 5 of the preceding 10 years in a disproportionately impacted area.
  • An applicant for any type of license with at least 51% ownership and control by 1 or more individuals who meet one of the following criteria:
    • Was convicted of or adjudicated delinquent for any marijuana-related offense except for delivery to a minor.
    • Is married to or the child of a person who was convicted of or adjudicated delinquent for any marijuana-related offense.

How Can Point Seven Group Help?

The team of cannabis consultants and professionals at Point Seven Group have worked extensively in the U.S. and international cannabis markets and are familiar with the unique challenges of the cannabis industry. Follow us on social media to stay up to date with more cannabis industry updates!

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