Social Equity Eligibility Validation Process
The Office of the Marijuana Commissioner (OMC) is responsible for implementing the Marijuana Control Act in Delaware, which includes a Social Equity License program.
Applicants who have participated in the pre-validation process and have been deemed "qualifying" received an order number in their Report Summary. When applying for a Social Equity license, this order number must be entered in the designated field on the application.
If you did not participate in the pre-validation process, you can still apply for a Social Equity License. After completing the application and submitting the non-refundable application fee, your eligibility will be assessed through a validation process.
To apply for a Social Equity Program license, you must meet the definition of a social equity applicant under Delaware law. Title 4 § 1336. Social equity applicant (updated in HB 344 w/HA1).
A Social Equity Applicant must have at least 51% ownership and control by 1 or more individuals who meet one of the following criteria:
Criteria 1: have resided for at least 5 of the preceding 15 years in an area with high rates of arrest, conviction, and incarceration for marijuana-related offenses. The tracts identified by the Commissioner as Disproportionately Impacted may be viewed here.
Criteria 2: Was convicted of or adjudicated delinquent of a marijuana-related offense under Delaware law prior to April 23, 2023, except any of the following:
- Delivery to a minor.
- Any marijuana offense with a Tier 3 quantity of marijuana as defined in § 4751C of Title 16.
Criteria 3: Had or has a parent, legal guardian, child, spouse, or dependent who was convicted of or adjudicated delinquent for any marijuana-related offense under Delaware law prior to April 23, 2023, that would qualify under Criteria 2 above.