Recreational Marijuana sales at least 18 months away in Delaware

DOVER, Del. – With the passage of HB2 in Delaware, the ball is not rolling on the process for small business owners to apply for recreational marijuana licenses and begin their legal sales, but advocates say that the process by which those permits will be given out and to whom is only just now taking shape as the law goes into effect.

HB 2 goes into effect on April 27, 2023, expanding the powers of the Delaware Safety and Homeland Security Division of Alcohol and Tobacco Enforcement to include the regulatory authority over the new cannabis industry.

The law establishes the Office of the Marijuana Commissioner and Appeals Commission within Division (DATE), at which point the  Governor has 90 days to make recommendations for the appointment of both the Cannabis Commissioner to head the office within DATE, as well as 3 members of the appeals commission, one per each county.

·The Senate will then vote on the appointments, which will likely be a special session unless the Governor makes the recommendations prior to the end of the session in 8 weeks.

Once the appointments have been confirmed, the newly appointed commission can name a deputy commissioner and establish that office.

Next, the Commission and the Office will begin promulgating regulations, in which there will be a public comment period for Delawareans to submit recommendations, and once those regulations are finalized, they will provide the road map for what a business will need to do to apply.

Cannabis Advocacy Network Director Zoe Patchell says the process is only just beginning, but says it was important that many of the licenses will have requirements of residency in the state of Delaware to help small businesses get up and running in addition to existing operations such as medical license holders.

“It’s likely going to be around Thanksgiving of 2024 that we will see the first legal sales start in the state of Delaware and hb2 is going to create agriculture development in Kent in Sussex counties and create thousands of well-paying jobs in both direct and ancillary fields,” Patchell said.

Licenses begin to be issued at 14 months from the date the law went into effect, with  60 Cultivation licenses are issued at 15 months out,  30 manufacturing licenses are to be issued at 16 months out, and 30 retail and 5 laboratory licenses at 19 months out.

Patchell tells 47ABC  additional licenses can be issued after two years.