The sale of cannabis to adult consumers will begin in Delaware this Friday, following the legalization of marijuana in Delaware in 2023. A number of existing medical marijuana retailers are expected to open their doors to those 21 years and older.
The legalization of adult use comes with some controversy. Critics claim it’s unfair that medical operators are allowed to launch sales of adult-use products before any other license applicant. 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.
Morgan Fox, the political director of the group NORML told Spotlight Delaware, a local media outlet, last month, that the state “had more than enough” time to implement this program.
Eventually 30 stores are planned across the state, including 14 in New Castle County, 10 in Sussex County and six in Kent County.
Regarding zoning requirements for the shops, Gov. Matt Meyer (D), said in an interview earlier this month, there is a conflict between competing priorities with regard to the marijuana-related SB 75 zoning plan that is currently on Meyer’s desk.
It would also make it easier to start cannabis businesses by overruling local zoning laws.
One hand, the Governor said he wanted to launch the state’s cannabis legalization program as fast as possible. He also said, in his capacity as former county executive and former mayor, that local government should retain the right to make decisions about land use.
Delaware Public Media’s (DPM) he said, “We are talking with stakeholders in order to evaluate.” “As someone who was the leader of Delaware’s biggest local government for eight years, it is clear to me that I strongly believe in local controls and local governments.”
Meyer may sign or veto a bill, allow the legislation to pass without his signature, or even if he does not do so. 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.
Carney responded, “It is always an option.” When asked by DPM if he would take a similar stance with SB 75.
Trey Paradee is the sponsor of this legislation, who has also supported legalization laws in Delaware. The measure, if it became law, would override rules established by Delaware’s 3 counties and set the state-wide zoning standard for cannabis facilities. The change, say proponents, is needed to stop local restrictions from restricting consumer access to marijuana.
The governor was asked during a radio appearance this month why the rollout of the state’s legal market has taken so long—and also why the state allowed existing medical providers to go “up in the front of the line” and start sales before new adult-use licensees.
Meyer responded that the state can “delay” further the opening of the medical marijuana market or “move ahead with retailers who are ready to open and turn on the lights.”
Separately, two lawmakers that led the effort to legalize cannabis are seeking feedback from businesses and consumers about the launch of the 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 to determine any problems that legislators may need to fix when they return to the next legislative session.
In March the Office of the Marijuana Commissioner of the state (OCM), had originally projected the start of recreational marijuana sales. However, complications related to the FBI fingerprint background checks service code caused the delay. Lawmakers passed a bill in April to resolve the issue, and the FBI subsequently issued the code that the stat’s marijuana law requires.
Late last year, OMC held a series of licensing lotteries for cannabis business to start serving adult consumers.
A total of 120 licenses, which include 30 retailers, 60 growers, 30 manufacturers, and 5 testing laboratories, will be granted. 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.
Policy change eliminates the limitations on eligibility for patients based on specific 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.
Mike Latimer provided the photo.