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" will receive an order number in their Report Summary. 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 conducted by the State's partner, Creative Services, Inc. (CSI). Applications will be accepted until September 30, 2024, at 3:00 p.m. EST.
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.