Delaware is on track for starting recreational Weed sales
Delaware Marijuana Industry on Track Despite Challenges, Commissioner Says.
Delaware remains on track for opening the first recreational cannabis shop in March next year, but the state’s marijuana Commissioner Rob Coupe says staying on track depends on “a lot of things going right.”
The Delaware Office of Marijuana Commissioner has been working for months on the regulations that will govern the recreational cannabis program; educating communities about legal marijuana use versus illegal street products; and developing the structure and eligibility requirements for residents to participate in the social equity program.
“We are still on track right now, but I will say it is dependent on a lot of things going right,” Coupe said.
Delaware became the 22nd state to legalize recreational marijuana last year (there are now 24 states that have legalized adult-use weed). Since then, Delaware has been building the infrastructure necessary to launch the recreational program. The First State has had a medical marijuana program since 2015.
The process to get the state’s recreational program up and running has been “challenging,” Coupe said, but as long as the application, licensing, background processes and social equity program and support goes smoothly, “we should be able to hit those targets that are laid out for us.”
Consuming recreational cannabis will be similar to buying alcohol: you must be at least 21-years-old and have a government ID.
Anyone who meets these requirements can get a predetermined "personal use" amount of weed: 1 ounce or less of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol.
Delaware anticipates at least 85,000 customers for adult-use weed, eclipsing the existing less than 17,000 medical marijuana patients in the state, according to the marijuana commissioner. The expected increased demand will require expanding operations – from manufacturers to dispensaries, Coupe said.
Social equity license eligibility
The marijuana commissioner’s office currently is working with state information technology experts to create an interactive map to help Delawareans better determine whether they qualify for the social equity program – a provision included in the laws passed last year legalizing weed.
According to a presentation by the commissioner’s office, to qualify for the social equity license program, an applicant must have 51% ownership and control of the business and meet one of the following:
- Have lived for “at least 5 of the preceding 15 years in a disproportionately impacted area” (criteria for which the interactive map will help applicants determine).
- Was convicted of a marijuana related offense under Delaware law prior to April 23, 2023, except if the offense involved delivery to a minor or had a “Tier 3 quantity” of marijuana (more than 11 pounds).
- “Had or has a parent, legal guardian, child, spouse, or dependent who was convicted” of a marijuana-related offense under state law.
The equity carveout sets aside 15 retail licenses, 20 cultivation licenses, 10 manufacturing licenses and two testing labs for those who qualify.
In total, the state expects to issue 125 licenses across all platforms within the industry to accommodate the recreational program.
Coupe said they are aiming to hold informational workshops in June to educate people who may be interested in applying through the social equity program.
For the latest information, state officials encouraged interested parties to follow the marijuana commissioner's office's social media pages, including Facebook, Instagram and X.
Licenses will cost $10,000 every two years, and they can be taken away at any time. Social equity and “microbusiness” licenses are discounted 40%, bringing the cost to $4,000 for a two-year license, according to the Office of the Marijauana Commissioner.
Finalizing regulations
By mid-July, the state aims to have adopted regulations for licensing adult-use recreational marijuana.
Coupe said some of those key regulations include: using a lottery for the application process, ensuring proper packaging and labeling and robust testing and sampling of products.
“Delaware right now is very hands on with the testing,” he said. “A regulator goes out and collects that sample. We’re going to be modifying that a little bit, but we’re still going to have a member of the Division of Alcohol & Tobacco Enforcement – they will be present when the samples are taken.”
For example, Delaware has a much lower threshold for allowable mold levels in the product than neighboring states, Coupe said.
The marijuana commissioner has also partnered with other state agencies to implement “seed to sale” software to track cannabis plants from seedling through the growth process to final sale.
Coupe said this ensures that cultivators, manufacturers as well as retailers don’t taint the product or deviate from the regulated industry, such as selling products on the street or bringing street products into the regulated market.
There’s also a technical fix bill (House Bill 334) proposed by state House Rep. Ed Osienski that needs to be passed to allow for the recreational program to move forward, and legislation the office is working on with Osienski that would help medical marijuana licensed providers convert to recreational licenses, Coupe said.
Educating communities
The marijuana commissioner said he was aware early on that communities across the state had begun passing ordinances prohibiting any part of the industry within their jurisdictions.
Now that the office is up and running – with five employees and the remaining positions budgeted spread throughout various other state agencies – Coupe and other staff members have connected with government leaders and hosted information sessions to help inform community leaders about the recreational program.
“Once we got established, I started reaching out to them to let them know we are here. We’ll answer any questions you have. We’ll provide information to you,” Coupe said. “We want you to make informed decisions.”
A key component to Coupe’s conversations is explaining that marijuana is legal for consumption now along with explaining the differences between the illegal street market and the regulated industry. He noted that resistance was particularly strong in Sussex County.
“What I point out to them is that the regulated market, what makes it significantly different, is that it’s tested. It’s regulated. It’s tested for safety, for quality,” he said. “The consumer gets that information. What’s being used on the street, at the end of the day, you really don’t know what’s in it.”
