Delaware’s first adult use marijuana shops officially opened their doors. A handful of medical cannabis providers can now serve customers over 21.
Delaware, about two years since marijuana legalization became law in the state, is seeing its very first batch of adult clients at more than 10 places throughout Delaware.
Joshua Sanderlin, the Marijuana Commission’s Director of Communications said that today’s adult-use cannabis sale by Delaware medical operators was an important milestone for the state’s regulatory cannabis market. “We are grateful for all those who worked to make this day possible. We will keep working to get more licensed operators online over the next few months.”
Governor. Matt Meyer (D), on Wednesday, visited one of the cannabis-cultivation facilities in the state. He praised the quality of marijuana being produced and said it will be “the French wine of weed”.
The launch of the legal market comes amid some controversy, however, with critics alleging that allowing medical operators to start adult-use sales ahead of other license applicants is unfair. There’s also ongoing tension between state and local officials over who will ultimately control zoning rules for the new industry—a dispute that could have major implications for the rollout of future stores.
Dozens of other would-be retailers that have either already received licenses or are still awaiting issuance will need to wait for further regulatory approvals until they can open their doors—a situation that’s frustrated some advocates.
Paul Hyland, the Deputy Marijuana Commissar said that “the OMC and our medical marijuana operators have worked together to ensure an easy transition from medical to adult use.” The ability of the medical marijuana operators to convert their licenses played a key role in the rapid launch. In the coming months we’ll continue to work on increasing access and growing a diverse and strong marijuana industry in Delaware.
Eventually 30 stores are planned across the state, including 14 in New Castle County, 10 in Sussex County and six in Kent County.
In terms of the zoning regulations for stores, Governor Abbott said in an earlier statement that two competing priorities exist when it comes to the marijuana-related proposal SB 75 that is currently on his desk.
The bill would overrule local zoning authority and make it easier for cannabis businesses to set up shop.
The governor has said that he would like the legal cannabis program to be implemented as soon as possible. He also said, in his capacity as former county executive and an advocate for municipal control, that local government should retain the right to make decisions about land use.
Meyer can sign the bill, or veto it. He could also allow it to pass without his signature. In 2023, the then-Gov. John Carney (D) let HB 1 and HB 2—which legalized and regulated adult-use cannabis in Delaware—to become law without his signature.
Two legislators who spearheaded the legalization of marijuana seek input separately from both consumers and business owners about the new market. Paradee, the sponsor of SB 75, and House Majority Whip Rep. Ed Osienski (D)—the primary sponsor of the state’s 2023 legalization bills—put out a new online form this month for residents to share thoughts and feedback about the cannabis program anonymously.
It is intended to help identify potential hiccups for lawmakers to fix when they return to the legislature next year.
The Office of the Marijuana Commissioner of the State (OCM) had initially predicted that the recreational sale of marijuana would begin in March. But complications caused by obtaining an FBI fingerprint check background check code have delayed the implementation. Lawmakers passed a bill in April to resolve the issue, and the FBI subsequently issued the code that the stat’s marijuana law requires.
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Late last year, OMC held a series of licensing lotteries for cannabis business to start serving adult consumers.
Total of 125 licences are expected to be granted, which includes 30 retail outlets, 60 growers, 30 manufacturers, and 5 testing laboratories. The regulators detailed last year what percentage of each category was reserved for microbusinesses, social equity license applicants and open general licenses.
Regulators have also been rolling out a series of proposed regulations to stand up the forthcoming adult-use cannabis industry.
Meanwhile, Carney raised eyebrows in January after making a questionable claim that “nobody” wants cannabis shops in their neighborhoods, even if there’s consensus that criminalization doesn’t work.
The then-governor last year signed several additional marijuana bills into law, including measures that would allow existing medical cannabis businesses in the state to begin recreational sales on an expedited basis, transfer regulatory authority for the medical program and make technical changes to marijuana statutes.
The dual licensing legislation is meant to allow recreational sales to begin months earlier than planned, though critics say the legislation would give an unfair market advantage to larger, more dominant businesses already operating in multiple states.
In October, Carney also gave final approval to legislation to enact state-level protections for banks that provide services to licensed marijuana businesses.
Delaware’s medical marijuana program is also being significantly expanded under a law that officially took effect last July.
This policy shift removes restrictions on patient eligibility that are based upon a set of health conditions. Doctors will now be able recommend cannabis for any medical condition.
Patients over 65 can also self-certify their medical cannabis use without a physician’s prescription.
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