Politics
New Changes To Delaware Marijuana Laws ‘Provide Important Clarity And Structure,’ Top Official Says
Delaware’s top marijuana regulator is touting changes to cannabis policies that lawmakers passed this session, saying they will “further strengthen” the state’s regulatory framework—even as one measure was enacted despite the veto of the governor who appointed him.
The legislature passed a number of reforms this year, including measures to allow terminally ill patients to use medical cannabis in healthcare facilities, regulate THC-infused beverages and address zoning restrictions for marijuana businesses.
“These legislative updates provide important clarity and structure as Delaware continues to build a responsible and effective marijuana program,” Marijuana Commissioner Joshua Sanderlin said in a press release on Thursday. “The Office appreciates the work of legislators, stakeholders, and members of the public who contributed to these efforts and looks forward to implementing these changes in a way that supports public safety, regulatory consistency, and transparency.”
In May, Gov, Matt Meyer (D) signed a bill to let terminally ill patients use medical cannabis in hospitals.
Under the reform, patients and their caregivers will be responsible for acquiring and administering medical marijuana, and it will need to be stored securely at all times in a locked container. Smoking or vaping of medical cannabis will be prohibited, so patients will need to consume it via other methods.
Facilities will be able to prohibit medical marijuana use if they determine that such use would have an “adverse impact on the medical care and treatment of the patient or is otherwise contraindicated.”
They will also be able to suspend permission to use cannabis if a federal agency such as the U.S. Department of Justice or Centers for Medicare and Medicaid Services takes an enforcement action against such use or “issues a rule, guidance, or otherwise provides notification to health care facilities that expressly prohibits the use of medical marijuana in health care facilities.”
Earlier this month, lawmakers voted to override the governor’s veto of a separate bill that would prevent local governments from imposing onerous zoning restrictions on marijuana businesses that make it more challenging for them operate in their jurisdictions.
Delaware’s adult-use cannabis market launched last August, with the governor touting the state’s first “successful” weekend of adult-use cannabis sales, with total purchases for medical and recreational marijuana totaling nearly $1 million—and compliance checks demonstrating that the regulated market is operating as intended under the law.
But when it comes to local control, Meyer aligned himself with county governments in a way that some lawmakers say is kneecapping the industry with zoning restrictions that limit the expansion of the commercial market.
An additional piece of zoning-related legislation enacted this session clarifies that marijuana business spacing requirements apply only to retail dispensaries, letting non-retail operations like cultivation, manufacturing and testing facilities operate without additional spacing restrictions.
Another bill passed by lawmakers this year seeks to establish a regulatory and tax framework for the manufacture, distribution and sale of THC-infused drinks. The legislation has not yet been acted on by the governor, however.
“These measures represent important progress in ensuring Delaware’s marijuana program continues to operate with clear standards and appropriate oversight,” Sanderlin said. “The Office of the Marijuana Commissioner remains committed to implementing these laws effectively and supporting a safe, transparent, and well-regulated industry.”
—
Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—
Separately, a House committee this session approved a bill to decriminalize public consumption of marijuana, but it didn’t advance further. While certain legal marijuana states like Colorado and Ohio still impose criminal penalties for public cannabis use, Delaware stands out as especially punitive, with a maximum penalty that carries the risk of jail time in addition to a fine.
Last year, Meyer detailed a conversation he had with Colorado Gov. Jared Polis (D) about regulating the marijuana industry—drawing a contrast between their respective responsibilities given the fact that Colorado is much larger with more local jurisdictions to interact with compared to Delaware, which has just three counties.
The launch of Delaware’s legal market came about two years after marijuana legalization was enacted into law under former Gov. John Carney (D).
Ahead of the sales roll-out, the current governor last July toured one of the state’s cannabis cultivation facilities, praising the quality of marijuana that’s being produced, which he said will be the “French wine of weed.”
The launch of the legal market came with some controversy, however, with critics alleging that allowing medical operators to start adult-use sales ahead of other license applicants is unfair. 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.
Regulators initially projected that recreational sales would start by last March, but complications related to securing an FBI fingerprint background check service code delayed the implementation. Lawmakers passed a bill to resolve the issue, and the FBI subsequently issued the code that the stat’s marijuana law requires.
