Frequently Asked Questions
The process to initiate the adult use of marijuana sales is very complex, we know you have questions, so we've put together this FAQ page to answer the most common ones.
Adult Marijuana Use
"Adult use" of marijuana is defined as purchasing, possessing, or consuming up to the personal use quantity of marijuana by someone 21 years or older. Adults may share marijuana with other adults, as long as there is no exchange of money.
The products are identical with the same production and testing standards. However, Medical Marijuana Program qualified patients are granted access to increased amounts of marijuana products and can participate in promotional sales and home delivery.
No. Marijuana remains illegal under federal law, and you may not carry or transport marijuana over state lines. It remains illegal to leave (or enter) Delaware with any marijuana products - medical or adult-use (non-medical) products. Mailing marijuana in or out of the State is also illegal.
Adult use sales should begin by spring 2025.
Adult use customers will have access to flower, vapes, edibles, tinctures, capsules, and other concentrates.
General Information
The Division of Alcohol and Tobacco Enforcement (DATE), under the Department of Safety and Homeland Security (DSHS), is responsible for the enforcement of the alcohol laws, youth access to tobacco laws, and the marijuana laws in Delaware.
DATE investigates and may arrest for violations of Title 4 and subchapter VI of Chapter 47 of Title 16 seize marijuana, including marijuana products and accessories that are manufactured, sold, kept, or transported in contravention of state law.
The MCA became effective on August 1st, 2023.
A municipality may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or through an initiated or referred measure. A municipality or county may enact ordinances or regulations that are not in conflict with regulations enacted by the Commissioner, governing the time, place, manner, and number of marijuana establishment operations. A municipality or county may establish civil penalties for violation of an ordinance or regulations governing the time, place, and manner that a marijuana establishment may operate in such municipality or county.
The terms “cannabis” and “marijuana” are often used interchangeably, both refer to all products derived from the plant Cannabis sativa L that contain substantial amounts of tetrahydrocannabinol (THC). Hemp is also a Cannabis sativa L plant with very low THC content, these plants are considered “industrial hemp” rather than marijuana.
Both THC and CBD are considered cannabinoids which are found naturally in marijuana or cannabis. The cannabis plant contains about 540 chemical substances including multiple terpenes and dozens of cannabinoids.
Cannabinoids are a class of biological compounds that bind to cannabinoid receptors in the human body. They are most frequently sourced from and associated with the plants of the Cannabis sativa L plant.THC is the abbreviation for tetrahydrocannabinol, which is found naturally in various forms including THC-A, Delta 9 THC, Delta 8 THC and THC-V. The cannabinoid Delta 9 THC is primarily associated with the intoxicating effects of marijuana.
CBD is the abbreviation for cannabidiol, one of the many cannabinoids, or chemical compounds, found in marijuana and hemp. CBD is not an intoxicating substance and has some health benefits.
Legal
For an individual 21 years of age or older, it is legal to possess up to the personal use quantity of marijuana.
An individual 21 years of age or older, may possess up to the “personal use quantity” which is defined as 1 ounce or less of marijuana in the form of leaf marijuana , up to 12 grams concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol (as defined in HB1).
"Leaf marijuana" means the dried leaves and flowering tops of the plant cannabis sativa L. (as defined in HB1).
No. All plant production is restricted to licensed cultivation centers.
No. Consuming marijuana in an area accessible to the public is illegal.
No. Consuming marijuana in a vehicle is Illegal.
You must be at least 21 years of age to possess or consume marijuana, unless you are a registered patient of the Delaware Medical Marijuana Program.
Licensing
Yes, both Open and Micro businesses are eligible for everyone.
Please visit the OMC Licensing for detailed information.
Yes, there are nonrefundable application fee. Visit OMC License Application Fee and License Cost.
No, the application fee is nonrefundable.
Yes, upon selection and completion of the Conditional License documentation, a license fee will be required based on the license type. Visit OMC Application Fee and License Cost
Yes, the license is valid for 24 months and must be renewed at least 30 days before expiration.
Yes, licenses can be revoked if ownership requirement rules are violated, or if there are serious violations of regulations or law.
The application portal closes on September 30, 2024.
Selection notifications will be sent in November 2024.
The Commissioner will begin accepting applications for all licenses on September 1, 2024.
View the full timeline.
The criteria considered for all license types will include the below listed minimum qualifications to be entered into the lottery for a license:
- The applicant’s comprehensive business plan, including an annual budget and pro forma financial statements.
- The applicant’s plans for safety, security, and the prevention of diversion.
- The applicant’s plans for operations, training, and staffing, including all the following:
- A social responsibility plan outlining diversity goals, including plans to recruit and hire people of color, women, and veterans and to support their ownership and promotion within the organization, as well as the percent of employees it plans to hire from within the respective city or region of the State.
- A plan to provide a safe, healthy, and economically beneficial working environment with fair scheduling practices, family-supporting wages, and benefits for its employees.
- Any criminal, civil, or regulatory history encountered by other entities the applicant and managing officers have previously controlled or managed.
- Any other criteria deemed appropriate by the Commissioner.
The types of licenses and the minimum requirements are set forth below. The regulations may impose additional requirements:
Social Equity Licenses
A social equity applicant is a Delaware resident that meets one of the following 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 15 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 meets one of the following criteria:
- Was convicted of or adjudicated delinquent of a marijuana-related offense under Delaware law prior to April 23, 2023, with the exception of delivery to a minor or any offense involving a Tier 3 quantity of marijuana as defined in § 4651C of Title 16.
- Had a parent, legal guardian, child, spouse, or dependent who was convicted of or adjudicated delinquent for a marijuana-related offense under Delaware law prior to April 23, 2023, with the exception of delivery to a minor or any offense involving a Tier 3 quantity of marijuana as defined in § 4651C of Title 16.
Microbusiness License
A microbusiness applicant is an applicant for a marijuana cultivation facility license or a marijuana product manufacturing license who meets all the following criteria:
- Indoor facility with a cannabis plant grow canopy area less than or equal to 2500 square feet or an outdoor facility with a cannabis plant grow canopy area less than or equal to 1 acre.
- Intends to employ no more than 10 employees.
Open Licenses
Open Licenses are business that will not fall into the Social Equity or Microbusiness categories. Open licenses will be available for Cultivation, Manufacturing, Retail, and Testing Centers.
Marijunana Control Act Code & Legislation
- 2023 152nd General Assembly Delaware Marijuana Control Act, HB 1
- 2023 152nd General Assembly Delaware Marijuana Control Act, HB 2
- Delaware Code Delaware Marijuana Control Act
Marijuana Safety Concerns
The only products the State of Delaware recognizes as safe are those purchased in licensed retail centers. Unregulated hemp derived products lack safety and purity testing and may contain dangerous compounds which have not been well studied.
To reduce the risk of consuming dangerous substances from marijuana, it is important to buy marijuana from a State of Delaware regulated business. To protect the public, all marijuana grown in Delaware undergoes a rigorous testing protocol to detect mold, bacteria, yeast, pesticides, solvents, and heavy metals testing.
A variety of dangerous substances can grow on marijuana, including:
- Mold: Mold can grow on marijuana plants during cultivation, drying, and storage. Smoking moldy marijuana could cause respiratory problems, such as asthma attacks and bronchitis. In severe cases, mold exposure can lead to pneumonia or other serious infections.
- Bacteria: Bacteria can also contaminate marijuana plants. Smoking marijuana contaminated with bacteria could cause food poisoning and other gastrointestinal problems.
- Pesticides: Illicit market growers may use pesticides to control pests and diseases on their marijuana plants. Pesticides can be harmful to humans if they are inhaled or ingested.
- Heavy metals: Marijuana plants can absorb heavy metals from the soil and water they are grown in. Smoking marijuana contaminated with heavy metals can lead to a variety of health problems, including cancer, neurological damage, and reproductive problems.
In addition to these dangerous substances, Illicit market marijuana can also be contaminated with other harmful chemicals, such as solvents and cleaning agents. These chemicals can be used to extract THC from marijuana plants or to make marijuana more potent. Smoking marijuana contaminated with these chemicals can be very dangerous.
All state-regulated businesses are required to submit samples for testing.
If you are concerned about the risks of consuming dangerous substances from marijuana, or other health related concerns, talk to your doctor and your pharmacist.
Aspergillus is a genus of fungi that is commonly found in the environment. It can contaminate marijuana plants during cultivation, drying, and storage. Smoking aspergillus-tainted marijuana could lead to a serious lung infection called aspergillosis.
Aspergillosis is a potentially life-threatening infection that can cause a variety of symptoms, including:
- Cough
- Fever
- Shortness of breath
- Chest pain
- Hemoptysis (coughing up blood)
- Wheezing
- Weight loss
- Night sweats
In severe cases, aspergillosis can spread to other parts of the body, such as the brain, heart, and kidneys. This can lead to organ failure and death.
People who are at increased risk of developing aspergillosis from smoking marijuana include:
- People with weakened immune systems, such as people with HIV/AIDS, cancer, or who have recently had an organ transplant
- People with chronic lung diseases, such as asthma or cystic fibrosis
- People who smoke cigarettes
Even healthy people can develop aspergillosis from smoking marijuana contaminated with mold, but it is more common in people with weakened immune systems or chronic lung diseases.
In addition to the risk of aspergillosis, smoking marijuana can also have other negative health effects, such as:
- Increased risk of bronchitis and other respiratory problems
- Increased risk of heart disease
- Decreased cognitive function
- Increased risk of addiction
If you are concerned about the risks of smoking marijuana, or other health related concerns, talk to your doctor and your pharmacist. There are other ways to consume marijuana, such as vaping or eating edibles, that may lessen some of the risks described above.
Yes. Studies have found that marijuana use during pregnancy is associated with several adverse outcomes in children, including birth defects, low birth weight, premature birth, and neurodevelopmental problems. The effects appear to be more severe with heavier cannabis use during pregnancy.
If you are pregnant or considering becoming pregnant, it is important to talk to your doctor about the risks of cannabis use. Your doctor can help you to understand the risks and can make recommendations for managing your risk.
Medical Marijuana Program
Visit the Medical Marijuana Program page for up to date information.
The products are identical with the same production and testing standards. However, Medical Marijuana Program qualified patients are granted access to increased amounts of marijuana products and can participate in promotional sales and home delivery.
- Yes, HB425 which passed in 2024, moved OMM from the Division of Public Health to OMC.
- If you are looking for a medical marijuana application, go to Medical Marijuana Patient Information - Delaware Health and Social Services - State of Delaware