Dutchie does not provide compliance advice. Merchants are responsible for their own compliance. External Dutchie compliance documentation may be updated from time to time and has been prepared for informational purposes only, is not intended to provide, and should not be relied on for, tax, legal or compliance advice. Merchants should consult their own tax, legal and compliance advisors to determine how best to operate within the cannabis industry.
Delaware offers a medical marijuana program for qualifying patients. Delaware also passed legislation to create an adult-use cannabis program, which is expected to launch in 2024.
Delaware uses BioTrack as its statewide seed-to-sale system. All Inventory actions and patient sales must be reported to the BioTrack system. Delaware regulations refer to the state traceability system as the ‘Delaware Enterprise Consolidated Cannabis Control System’ or ‘DEC3S’
Qualifying patients are allowed to purchase up to 3 oz of cannabis per 14 day period. Pediatric patients are only permitted to purchase Pediatric Medical Marijuana Oil. CBD Rich patients are only permitted to purchase specific CBD rich products.
Delaware’s medical marijuana act does not define any specific rules relating to the taxation of cannabis sales.
Delivery to qualifying patients is permitted in the state of Delaware, however in order to receive deliveries, a patient must be registered with the compassion center’s home delivery plan.
Each compassion center’s home delivery plan is subject to approval by the state regulators, but SOPs may vary by location.
DHSS Medical Marijuana Homepage ->
Office of the Marijuana Commissioner ->
The Department of Safety and Homeland Security is working with the Department of Health and Social Services to implement House Bill 1 and House Bill 2, providing a framework for the regulation of an adult use cannabis market in Delaware. Delaware projects that licensure applications for recreational licensees will begin by May 2024.
The Office of the Marijuana Commissioner recently released a tentative timeline outlining the launch of an adult use market. Updated regulations pertaining to the operation of Adult Use retailers are expected to be released in July of 2024. Licensing applications are anticipated to open in September 2024, and retail licensing is expected to conclude in the spring of 2025.
