After years of debate and efforts to iron out regulations, sales of adult-use marijuana will begin in Delaware Friday, Aug. 1.
All medical marijuana conversion licenses may begin recreational sales at that time.
“The start of legal adult-use marijuana sales reflects the tireless efforts of our regulatory team and our strong partnerships with state agencies, industry stakeholders and community leaders,” said Marijuana Commissioner Joshua Sanderlin. “Our focus is on building a safe, equitable and accountable marijuana market that delivers real benefits to Delawareans. We will continue to issue conditional licenses to previously selected applicants to ensure they can begin operations once active.”
In 2023, Delaware enacted legislation legalizing adult-use recreational marijuana and establishing a system for cultivators, manufacturers, retailers and testing laboratories. The legislation also created the Office of the Marijuana Commissioner to oversee the program. Proposed regulations were released in May 2024 and finalized in September 2024.
“Delaware has taken a major step forward by launching a legal adult-use cannabis market that prioritizes equity, safety and accountability,” said Gov. Matt Meyer. “This new industry will generate critical revenue to strengthen our schools, infrastructure and public health systems, while creating real opportunities for entrepreneurs. This revenue also gives us a powerful tool to invest in the communities most impacted by the war on drugs, addressing past wrongs and ensuring that the benefits of this new market reach every corner of our state. I’m proud we’re moving quickly and thoughtfully to build a cannabis market that reflects our values and expands opportunity for every Delawarean.”
In 2024, the General Assembly enacted additional measures to strengthen Delaware’s program. House Bill 334 expanded program parameters, while House Bill 408 created a path for medical marijuana establishments to transition into the adult-use market. The conversion licenses came at a significant cost – $200,000 for cultivation and $100,000 for manufacturing or retail – which resulted in $4 million in funding to support social equity applicant start-up grants.
In October 2024, OMC announced it received 1,269 paid license applications during the application period. In December 2024, OMC announced the successful applicants for 125 available licenses in its public license lottery.
In June, a bill limiting the restrictions a county can place on the marijuana industry passed the General Assembly. It awaits the signature of Gov. Matt Meyer. The bill was in response to county-level restrictions that made it nearly impossible to open a marijuana facility. Under the bill, restrictions would prohibit retail marijuana stores from operating within a half-mile of each other, and within 500 feet of a school, licensed child care, residential treatment facility, park or library, or place of worship outside a commercial or industrial zone.
Under the original legislation passed in 2023, municipalities had the option to prohibit marijuana-related industries within their corporate limits. Most towns and cities took the state up on that option.
However, with no option to ban marijuana activity in county jurisdiction, Sussex County Council passed a very restrictive ordinance.