Delaware

Equity Project State Briefing

Social Equity

Social Equity Definition / Criteria

Delaware does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Social Equity Provisions

Delaware does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Fee Waivers and Reductions

  • Fee Waivers / Reductions:
No

Delaware does not offer fee waivers or reductions to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Other Financial Support for Social Equity Applicants and Licensees

Delaware does not offer state level funding to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

License Priorities and Set Asides

  • License Priorities / Set Asides:
No

Delaware does not offer state-level licensing priority or set-asides to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Other Licensing Provisions

License Caps

  • License Caps:
Yes

Delaware is a limited license state. Currently, only three operators exist within the state that own all six dispensary licenses. Local jurisdictions can not opt out of the market and prohibit registered compassion center operation altogether. However, though they can create restrictions.

Source:

Del. Code Ann. tit. 16, § 4914A. . Subsection (d) Registration of compassion centers
Del. Code Ann. tit. 16, § 4917A. Local Ordinances.

Application Selection Process

  • Selection System:
Merit

Delaware distributes medical cannabis licenses through a merit system.

Source:

Del. Code Ann. tit. 16, § 4914A. subsection (b)

Felony Disqualification on Ownership

  • Ownership Exclusion for Felony Convictions:
Yes
  • Exemption for Cannabis Offenses:
No

Delaware’s medical framework disqualifies applicants for cannabis licensure on the basis of certain convictions. A license will not be granted to an individual convicted of a violent felony, an individual convicted of a felony drug offense within 10 years or  misdemeanor drug offense, within 5 years from the date of application.

Source:

Del. Code Ann. tit. 16, § 4918A. Subsection (a)(2) Compassion center and safety compliance facility agents.

Employee Criminal Records

  • Conviction Restrictions for Employees:
Yes
  • Exemption for Cannabis Offenses:
No

Delaware’s medical framework disqualifies applicants for cannabis licensure on the basis of certain convictions. A registered compassion center or a registered safety compliance facility may not employ a person who has been convicted of a violent felony, an individual convicted of a felony drug offense within 10 years or  misdemeanor drug offense, within 5 years from the date of application.

Source:

Del. Code Ann. tit. 16, § 4918A. . Compassion center and safety compliance facility agents. Subsection (1)(a-c)
Del. Code Ann. tit. 16, § 4902A. Definitions Subsection 3 and 8 “Excluded felony offense” means

Availability of Expungements

  • Expungements:
Yes

Delaware offers record cleaning remedies for certain cannabis convictions, however, this process is not automatic and requires action from the individual. Individuals convicted of a single offense arising from a cannabis possession charge are eligible for a mandatory expungement, however this process is not automatic.  (This remedy is specific to cannabis.) (2018). Individuals with no prior or subsequent convictions may petition to expunge a misdemeanor after three or five years and a felony after seven years. (This remedy is not specific to cannabis.) (2019).

Source:

Del. Code Ann. tit. 16, § 4764. subsection (j)
Del. Code Ann. tit. 11, § 4374. subsection (3)