Politics
Delaware Recreational Marijuana Sales Start Friday As Medical Cannabis Operators Open Stores To Adults 21 And Older
Sales of cannabis to adults will kick off in Delaware on Friday following the state’s enactment of a legalization law in 2023, with a number of stores operated by existing medical marijuana operators expected to be open for business to people 21 and older.
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.
“The state had more than enough time to set up this program,” Morgan Fox, political director for the group NORML, told the local news outlet Spotlight Delaware last month.
Eventually 30 stores are planned across the state, including 14 in New Castle County, 10 in Sussex County and six in Kent County.
As for zoning restrictions for the stores, Gov. Matt Meyer (D) said earlier this month that there’s a tension between two competing priorities when it comes to a marijuana-related zoning proposal, SB 75, that’s currently awaiting action on his desk.
The bill would overrule local zoning authority and make it easier for cannabis businesses to set up shop.
On one hand, the governor said he’d like to roll out the state’s legal cannabis program as quickly as possible. On the other, as a former county executive, he said it’s important municipal governments retain control over local land use decisions.
“We’re talking to stakeholders to evaluate,” he told Delaware Public Media (DPM). “I’ve been very clear as someone who led the largest local government in Delaware for eight years that we believe strongly in local control, local government control.”
Meyer could sign the bill into law, veto it or allow it to become law without his signature. Notably in 2023, 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.
Asked by DPM whether he might take a similar approach with SB 75, Carney replied: “It’s always an option.”
The bill is sponsored by Sen. Trey Paradee (D), who also backed the state’s legalization legislation. If it becomes law, the measure would set state zoning standards for cannabis facilities, overriding rules set by Delaware’s three counties. Proponents say the change is necessary to prevent local bans from limiting consumer access to legal 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 replied that either the state could “delay further” the market opening or “move forward with medical marijuana retailers who are readily able to open, to turn the lights on.”
Two lawmakers who led the push to legalize marijuana are separately seeking input from consumers and businesses about the market launch. 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.
The idea is to identify any hiccups that lawmakers might need to address when they return for next year’s legislative session.
The state’s Office of the Marijuana Commissioner (OCM) initially projected that recreational sales would start by March, but complications related to securing an FBI fingerprint background check service code 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.
Late last year, OMC held a series of licensing lotteries for cannabis business to start serving adult consumers.
A total of 125 licenses will ultimately be issued, including 30 retailers, 60 cultivators, 30 manufacturers and five testing labs. Last year, regulators also detailed what portion of each category is reserved for social equity applicants, microbusinesses and general open 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.
The policy change removes limitations for patient eligibility based on a specific set of qualifying health conditions. Instead, doctors will be able to issue cannabis recommendations for any condition they see fit.
The law also allows patients over the age of 65 to self-certify for medical cannabis access without the need for a doctor’s recommendation.
Photo courtesy of Mike Latimer.
