Delaware Cannabis License Guidelines

Office of Medical Marijuana

Licensing and Enforcement

The mission of the Office of Medical Marijuana (OMM) is to protect Delawareans through proactive monitoring and enforcement of the Delaware Medical Marijuana Act and accompanying regulations. Rigorous inspection of the regulated vendors minimizes the risk to human health and environmental impact. OMM accomplishes this mission by:

  • Working with the regulated vendors to ensure safe and effective products are available to Delaware’s registered patients
  • Stringent control of product inventory to eliminate diversion and use of Medical Marijuana products by non-patients
  • Briefing the medical community on their protections and limitations involving the Medical Marijuana Program
  • Involving state and local community leaders in discussions pertinent to issues affecting communities
  • Close coordination with state and local law enforcement on concerns dealing with the Compassion Centers
  • Responsiveness to Delaware’s registered patients

As of April 23rd, 2023 recreational use of cannabis is legal for those 21 and over.  Adult use dispensaries are scheduled to open 2024.

Over the next several months, the State will propose new health and safety regulations on marijuana cultivation and will hire and train new staff to manage licensure and enforcement under the Act. Interested parties will have an opportunity to comment on the proposed regulations. The State anticipates that licensure applications will be available by May 2024.

When applying for an application for operation of a compassion center, applications shall only be accepted during an open period announced by the Department.

The department shall evaluate applications for a compassion center registration certificate using an impartial and numerically scored competitive bidding process developed by the Department.

Delaware Cannabis Law & Compliance

Several laws and ordinances regulate the Delaware medical cannabis industry, as well as the many different steps in the supply chain. These laws range over dispositions for cultivators, manufacturers, distributors and retail dispensaries. The most recent news can be found on these websites:

FAQs

How much is the non-refundable fee when applying for an application for a compassion center?

When applying for operation of a compassion center, applications shall only be accepted during an open application period announced by the Department of Public Health, a $5,000 non-refundable payment to Division of Public Health, Medical Marijuana Program.

Do I have to buy my marijuana from one of the dispensaries?

Yes. To be protected under the Delaware Medical Marijuana Act, your marijuana must be labeled from one of the authorized dispensaries.

Can I use medical marijuana anywhere in Delaware?

No. Marijuana use is not authorized on a school bus, the grounds of any preschool primary or secondary school or any correctional facility to include any health care treatment facility operated by the Department or funded contractually through the Department. Marijuana use is also not authorized in any form of transportation or in any public place. Click here for the Protections and Limitations of applicants registered in the Medical Marijuana Program.

How do I apply for the Medical Marijuana Program?

Applications may be completed online here. The medical marijuana application process has been made as easy as possible for individuals to complete. The application lists the requirements. READ THE APPLICATION CAREFULLY. Applicants may submit their applications using the Department’s website or applications may be printed from the website here and mailed into the department. If requested, the department will mail or email an application to you. If you choose to submit a paper application, completed applications can be mailed to:

Delaware Division of Public Health
Medical Marijuana Program
417 Federal St., Suite 140
Dover, DE 19901

Can I grow my own marijuana?

No. Patients and caregivers are not authorized to grow or cultivate marijuana.

Do I have to buy my marijuana from one of the dispensaries?

Yes. To be protected under the Delaware Medical Marijuana Act, your marijuana must be labeled from one of the authorized dispensaries.

Delaware Cannabis License Types

Dispensary/Compassion Center

Applicants shall only be accepted during an open application period announced by the Department and shall include the following items:

  • A non-refundable application fee, made payable to the Division of Public Health, Medical Marijuana Program, in the amount of $5,000.
  • The proposed legal name, articles of incorporation and bylaws of the compassion center;
  • The proposed physical addresses of the compassion center, including any additional addresses to be used for the secure cultivation of medical marijuana.

Testing Facility/Safety Compliance Facility

Safety Compliance Facility may only operate if they have been issued a valid registration certificate from the Department.  When applying for a Safety Compliance Facility registration certificate, the applicant shall submit the following in accordance with these regulations.

  1. The proposed name of the Safety Compliance Facility;
  2. The proposed physical address of the Safety Compliance Facility;
  3. The name, address, and date of birth of each principal officer and board member of the Safety Compliance Facility; and
  4. Any information required by the Department to evaluate the applicant pursuant to the competitive bidding process.

 

After a Safety Compliance Facility has been approved, but before it begins operations, it shall submit a registration fee paid to the Department in the amount of $40,000. 

Registration certificates may be renewed every two years.  The registered SCF may submit a renewal application 90 days prior to the expiration of its registration certificate.  The Department shall grant a renewal application within 30 days of the submission if the $40,000 renewal fee is paid and no conditions exist that would cause the SCF to lose its certificates. The $40,000 renewal fee will be refunded if the application is rejected.

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