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Delaware Statutes, Title 4

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Delaware/Statutes

← All Delaware coverage

Title 4, Alcoholic Liquors and Marijuana

10 chapters · 213 sections in this title.

All chapters in Title 4213 Ch 13, The Delaware Marijuana Control Act78 Ch 5, LICENSES AND TAXES55 Ch 7, Regulatory Provisions27 Ch 9, Criminal Offenses and Penalties16 Ch 3, Delaware Alcoholic Beverage Control …13 Ch 11, Seizure and Confiscation11 Ch 12, Delaware Responsible Alcoholic Bever…8 Ch 1, General Provisions4 Ch 2, Transition Provisions1

213 sections·Filtered byTitle 4✕

4 Del. C. § 1314. Oversight Committee; annual report by the Commissioner.
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§ 1314. Oversight Committee; annual report by the Commissioner. (a) The Delaware Marijuana Control Act Oversight Committee is established to evaluate and make recommendations regarding the implementation of this chapter. (1) The Oversight Committee shall consist of 15 members who…
4 Del. C. § 1315. Protections for conduct authorized by this chapter.
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§ 1315. Protections for conduct authorized by this chapter. (a) A public officer or employee of the State, including the members of any board, commission, conservation district or agency of the State, whether elected or appointed, and whether now or previously serving as such, an…
4 Del. C. § 1321. Marijuana Commissioner; Appeals Commission; qualifications; appointment; term; compensation.
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§ 1321. Marijuana Commissioner; Appeals Commission; qualifications; appointment; term; compensation. (a) The Commissioner must be a resident of this State and suitably educated and experienced to carry out the duties and responsibilities set forth in this chapter. (b) The Commiss…
4 Del. C. § 1322. Duties and powers of the Commissioner [Effective Oct. 21, 2026].

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§ 1322. Duties and powers of the Commissioner [Effective Oct. 21, 2026]. (a) The Commissioner, in accordance with the Administrative Procedures Act, Chapter 101 of Title 29, shall do all of the following: (1) Adopt rules and regulations consistent with § 1331 of this title and ot…

4 Del. C. § 1323. Oath of Office of Commissioner and employees.

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§ 1323. Oath of Office of Commissioner and employees. The Commissioner, members of the Appeals Commission, and any hearing officer shall, on entering office, take the oath or affirmation set forth in Article XIV of the Delaware Constitution. Any other employee may be required to …

4 Del. C. § 1324. Conflict of interest.

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§ 1324. Conflict of interest. (a) The Commissioner, members of the Appeals Commission, and any hearing officer or such person’s spouse, or such person’s parent, or child residing at such person’s residence, may not have a financial interest in any entity that sells, manufactures,…

4 Del. C. § 1325. Commissioner’s statement of interest in marijuana business.

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§ 1325. Commissioner’s statement of interest in marijuana business. When notified of appointment as Commissioner or to the Appeals Commission, the individual so notified shall furnish in duplicate and in writing to the Governor and to the President Pro Tempore of the Senate a sta…

4 Del. C. § 1326. Employees of the Division; Commissioner.

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§ 1326. Employees of the Division; Commissioner. The Department of Safety and Homeland Security shall: appoint, employ, or dismiss every officer or employee, not appointed by the Governor, necessary for carrying out the work of the Division, Appeals Commission, and Commissioner; …

4 Del. C. § 1327. Property and profits of the office of the Commissioner.

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§ 1327. Property and profits of the office of the Commissioner. All property owned by the office of the Commissioner and all associated profits are the property of the State.84 Del. Laws, c. 24, § 4;

4 Del. C. § 1331. Regulations [Effective Oct. 21, 2026].

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§ 1331. Regulations [Effective Oct. 21, 2026]. The Commissioner shall adopt regulations necessary for implementation of this chapter. The regulations may not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unre…

4 Del. C. § 1332. Retail marijuana store licenses.

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§ 1332. Retail marijuana store licenses. (a) A retail marijuana store license may only be issued to a person selling retail marijuana or retail marijuana products under the terms and conditions of this chapter. A license issued under this section is valid for 2 years. Each applic…

4 Del. C. § 1333. Marijuana testing facility licenses.

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§ 1333. Marijuana testing facility licenses. (a) A marijuana testing facility license may be issued to a person who performs testing and research on retail marijuana under the terms and conditions of this chapter. A license issued under this section is valid for 2 years. Each app…

4 Del. C. § 1334. Marijuana cultivation facility licenses.

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§ 1334. Marijuana cultivation facility licenses. (a) A marijuana cultivation facility license may be issued only to a person who cultivates retail marijuana for sale and distribution to licensed retail marijuana stores, marijuana products manufacturing licensees, or other marijua…

4 Del. C. § 1335. Marijuana product manufacturing facility license [For application of section, see 85 Del. Laws, c. 394, § 5] [Effective Oct. 21, 2026].

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§ 1335. Marijuana product manufacturing facility license [For application of section, see 85 Del. Laws, c. 394, § 5] [Effective Oct. 21, 2026]. (a) A marijuana product manufacturing facility license may be issued only to a person who manufactures and distributes marijuana product…

4 Del. C. § 1335A. Conversion licenses.

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§ 1335A. Conversion licenses. (a) Conversion licenses may be issued to a currently licensed compassion center when the applicant meets the following criteria: (1) The applicant is eligible for renewal under § 4916A of Title 16. (2) The applicant has submitted documentation demons…

4 Del. C. § 1335B. Conversion license for retail marijuana stores.

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§ 1335B. Conversion license for retail marijuana stores. (a) If a conversion license to operate a retail marijuana store is granted to a compassion center under § 1335A of this title, the licensee and any successor licensee must, in addition to complying with any other requiremen…

4 Del. C. § 1335C. Conversion license for marijuana cultivation facilities.

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§ 1335C. Conversion license for marijuana cultivation facilities. (a) If a conversion license to operate a marijuana cultivation facility is granted to a compassion center under § 1335A of this title, the licensee and any successor licensee must, in addition to complying with any…

4 Del. C. § 1335D. Conversion license for marijuana product manufacturing facility.

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§ 1335D. Conversion license for marijuana product manufacturing facility. (a) If a conversion license to operate a marijuana product manufacturing facility is granted to a compassion center under § 1335A of this title, the licensee and any successor licensee must, in addition to …

4 Del. C. § 1335E. Infused beverage endorsement [Effective Oct. 21, 2026].

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§ 1335E. Infused beverage endorsement [Effective Oct. 21, 2026]. (a) The following may apply to the Commissioner for an infused beverage endorsement: (1) A supplier or importer licensed by the Alcohol Beverage Control Commissioner under this title. (2) A manufacturer licensed by …

4 Del. C. § 1335F. Infused beverage manufacturing requirements [For application of section, see 85 Del. Laws, c. 394, § 5] [Effective Oct. 21, 2026].

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§ 1335F. Infused beverage manufacturing requirements [For application of section, see 85 Del. Laws, c. 394, § 5] [Effective Oct. 21, 2026]. (a) Upon proper application and subject to the applicable provisions, restrictions, and prohibitions under this title and regulations promul…

4 Del. C. § 1335G. Delivery, storage, and testing of infused beverages at in-state warehouse [Effective Oct. 21, 2026].

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§ 1335G. Delivery, storage, and testing of infused beverages at in-state warehouse [Effective Oct. 21, 2026]. (a) No shipment of infused beverages may be made into this State unless: (1) The infused beverages are delivered directly by a Delaware licensed supplier or importer, and…

4 Del. C. § 1336. Social equity applicant.

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§ 1336. Social equity applicant. A social equity applicant must meet 1 of the following criteria: (1) An applicant for any type of license with at least 51% ownership and control by 1 or more individuals who have resided for at least 5 of the preceding 15 years in a disproportion…

4 Del. C. § 1337. Social equity application and fees.

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§ 1337. Social equity application and fees. (a) A social equity license issued under this part is valid for 2 years. Each application for a social equity license must contain all of the following: (1) The application materials required by the Commissioner. (2) The discounted appl…

4 Del. C. § 1338. Technical assistance.

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§ 1338. Technical assistance. The Commissioner shall develop a technical assistance program to aid social equity applicants in applying for a license and finding financial resources. The Commissioner may partner with the Division of Small Business to administer workshops to assis…

4 Del. C. § 1339. Financial assistance.

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§ 1339. Financial assistance. (a) The Commissioner shall investigate opportunities for public and private sources of financial assistance that could support social equity applicants, including, but not limited to, portions of the Justice Reinvestment Fund under § 1387 of this tit…

4 Del. C. § 1340. Microbusiness license.

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§ 1340. Microbusiness license. A microbusiness applicant is an applicant for a marijuana cultivation facility license or a marijuana product manufacturing license who meets all the following criteria: (1) [Repealed.] (2) Intends to employ no more than 10 employees. (3) Will not o…

4 Del. C. § 1341. Microbusiness application and fees.

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§ 1341. Microbusiness application and fees. (a) A microbusiness license issued under this part is valid for 2 years. Each application for a microbusiness license must contain all of the following: (1) The application materials required by the Commissioner. (2) The discounted appl…

4 Del. C. § 1342. Conditional license [Repealed].

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§ 1342. Conditional license [Repealed].84 Del. Laws, c. 24, § 4; repealed by 84 Del. Laws, c. 301, § 12, effective July 17, 2024.;

4 Del. C. § 1343. Licensing process.

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§ 1343. Licensing process. (a) Beginning September 1, 2024, the Commissioner may begin accepting applications for all licenses, including open, social equity, and microbusiness licenses. (b) [Repealed.] (c) Beginning November 1, 2024, the Commissioner shall issue the following nu…

4 Del. C. § 1343A. Conversion licensing process.

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§ 1343A. Conversion licensing process. (a) Beginning August 1, 2024, the Commissioner may begin accepting applications for conversion licenses from compassion centers. Facilities granted a conversion license may commence operations as follows: (1) A cultivation facility, manufact…

4 Del. C. § 1344. Applications for multiple licenses.

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§ 1344. Applications for multiple licenses. (a) An applicant may not apply for, may not be issued, and may not renew any license that would result in the applicant, or a person with a financial interest in that application or license under this chapter, owning or operating more t…

4 Del. C. § 1345. Conditional license.

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§ 1345. Conditional license. The Commissioner may grant an applicant a conditional license under this section. Any applicant who receives a conditional license must identify a physical location for the licensed premises and become operational within 18 months from the date the co…

4 Del. C. § 1346. Active license.

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§ 1346. Active license. (a) The Commissioner shall grant an active license to a conditional licensee who does all of the following: (1) Pays any fees or costs associated with obtaining a background check. (2) Provides financial and ownership documentation for review and approval.…

4 Del. C. § 1347. Background checks.

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§ 1347. Background checks. (a) All of the following persons are required to complete a background check under this chapter: (1) An applicant for a marijuana establishment license. (2) A person who performs work at or for a marijuana establishment, whether classified as a contract…

4 Del. C. § 1348. Confidentiality.

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§ 1348. Confidentiality. (a) Information and data required by the Commissioner to be furnished in the application or background investigative process, or which may otherwise be obtained by the Commissioner during the license application or renewal process is confidential and is e…

4 Del. C. § 1351. Local control; municipalities.

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§ 1351. Local control; municipalities. (a) A municipality may prohibit the operation of marijuana establishments through the enactment of an ordinance or through an initiated or referred measure. (b) A municipality may enact ordinances or regulations that do not conflict with thi…

4 Del. C. § 1351A. Local control; counties.

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§ 1351A. Local control; counties. (a) (1) A county may limit the operation of marijuana establishments by enacting ordinances or regulations that do not conflict with this chapter, including regulations promulgated under this chapter. (2) An ordinance or regulation governing the …

4 Del. C. § 1352. Procedural requirements governing Commissioner’s action; hearing; appeal.

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§ 1352. Procedural requirements governing Commissioner’s action; hearing; appeal. (a) The Commissioner shall distribute and receive all of the applications for licensure under this chapter and shall refer an application to the Division for investigation. If it appears that any ap…

4 Del. C. § 1353. Decision upon application for renewal of license; time of making.

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§ 1353. Decision upon application for renewal of license; time of making. On or before the first day of the month preceding the biennial expiration date of a license, the Commissioner shall render a decision upon every application properly and completely made to it on or before t…

4 Del. C. § 1354. Grounds for refusal of license; transfer or extension of premises.

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§ 1354. Grounds for refusal of license; transfer or extension of premises. (a) The Commissioner may not grant a license under this chapter in any county or subdivision thereof, if granting a license is contrary to the law of any municipality or county adopted under § 1351 of this…

4 Del. C. § 1355. Finality of Commissioner’s decision refusing license [Repealed effective Oct. 21, 2026].

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§ 1355. Finality of Commissioner’s decision refusing license [Repealed effective Oct. 21, 2026].84 Del. Laws, c. 24, § 4; repealed by 85 Del. Laws, c. 394, § 1, effective Oct. 21, 2026.;

4 Del. C. § 1356. Improvements to premises.

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§ 1356. Improvements to premises. The Commissioner may not require an applicant to make improvements to the premises before the issuance of a license; however, the Commissioner may issue a license to sell marijuana, marijuana products, or marijuana accessories upon the condition …

4 Del. C. § 1361. Grounds for cancellation, suspension, or fines [For application of section, see 85 Del. Laws, c. 394, § 5] [Effective Oct. 21, 2026].

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§ 1361. Grounds for cancellation, suspension, or fines [For application of section, see 85 Del. Laws, c. 394, § 5] [Effective Oct. 21, 2026]. (a) The Commissioner may cancel every license made use of on behalf of any person other than the one to whom or on behalf of whom it has b…

4 Del. C. § 1362. Public hearing and right of appeal.

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§ 1362. Public hearing and right of appeal. (a) The Commissioner may not cancel or suspend a license, or fine a licensee, before both of the following occur: (1) The licensee has been given a public hearing by the Commissioner at which time the licensee is entitled to legal repre…

4 Del. C. § 1363. Effect of cancellation or surrender of license; notice.

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§ 1363. Effect of cancellation or surrender of license; notice. (a) The cancellation or acceptance of a surrender of a license entails the loss of the privilege conferred by the license and entails the acceptance of or the seizure by the Commissioner of any marijuana or marijuana…

4 Del. C. § 1364. Payments to former licensee.

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§ 1364. Payments to former licensee. The Commissioner shall, within 30 days of the date of the cancellation or acceptance of surrender of a license, remit to the former licensee a part of the license fee which has been paid and pertains to the unexpired term of the license. In ad…

4 Del. C. § 1366. Transfer of license.

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§ 1366. Transfer of license. (a) The rights conferred by a license may be transferred by the Commissioner to any representative designated by the person to whom or on behalf of whom the license was originally granted, if such representative is a person approved by the Commissione…

4 Del. C. § 1367. Death of licensee; payments to licensee’s estate.

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§ 1367. Death of licensee; payments to licensee’s estate. If any licensee dies and no application is made for transfer of the license, or the Commissioner refuses to permit the transfer of the license to another person, the Commissioner shall return to the legal representative of…

4 Del. C. § 1371. Commissioner approval.

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§ 1371. Commissioner approval. The commissioner may refuse approval of changes in the ownership, officers, or directors, financial interest, or lease in connection with any license. No such change shall be implemented until reported to and approved by the Commissioner.84 Del. Law…

4 Del. C. § 1372. Change in ownership.

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§ 1372. Change in ownership. (a) In order to change ownership of a license, all of the following must be filed with the Commissioner on behalf of the new owner or owners: (1) An application. (2) A financial statement of the new owner or owners. (3) Personal financial statements o…