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Summary of HB 110: The Delaware Marijuana Control Act

Rep. Helene Keeley and Sen. Margaret Rose Henry have introduced HB 110 —a bill to regulate marijuana similarly to alcohol in Delaware. Here are some key features of the bill:

Adult Cultivation and Possession Limits

  • Adults who are 21 and older would be allowed to:
    • possess up to one ounce of marijuana, no more than five grams of which may be of concentrated marijuana; and
    • give up to one ounce of marijuana to other adults 21 and older.

State Regulation and Licensing

  • HB 110 provides for four types of regulated marijuana businesses: dispensaries, cultivation facilities, product manufacturers, and laboratories.
  • The Division of Marijuana Control and Enforcement, located within the Department of Safety and Homeland Security, would develop comprehensive rules, including governing security, laboratory testing, packaging, labeling, recordkeeping, and inspections; prohibiting dangerous pesticides and additives; and restricting advertising.

Local Control

  • Localities could enact regulations and licensing requirements, limit the number of marijuana establishments, or ban the businesses altogether.
  • The state regulatory agency would be required to forward each application for a marijuana establishment to the locality where it would operate and to consider the locality’s input on licensing.

Taxation and Fees

  • Marijuana would be taxed at a rate of $50 per ounce for flowers and $15 per ounce for other parts of marijuana (leaves or trim). This tax would be imposed on sales from a cultivator to a retailer, and rates would be adjusted for inflation.
  • Non-refundable application fees of up to $5,000 would be imposed on marijuana establishments, with the amount adjusted for inflation.
  • Each licensee would have to pay a $10,000 biennial renewal fee.
  • After paying for regulatory costs, the revenue from taxes and fees would be divided as follows:
    • 20% to the Delaware Department of Education;
    • 10% to the Delaware Division of Social Services for distribution to qualified community-based nonprofit organizations to support job placement, mental health treatment, substance abuse disorder treatment, system navigation services, and legal services to address barriers to re-entry for communities that have been disproportionally affected by past federal and state marijuana prohibition policies;
    • 10% to the Delaware Department of Health and Social Services for use in programs for the prevention or treatment of alcohol, tobacco, and marijuana abuse;
    • 10% to the Delaware Department of Health and Social Services for a public education campaign educating youth and adults about the health and safety risks of alcohol, tobacco, and marijuana; and
    • 50% to the General Fund.

Employers and Private Property

  • Landlords could prohibit marijuana smoking at their rentals.
  • Property owners could prohibit the consumption and display of marijuana on their property.
  • Employers would not have to accommodate employees under the influence, nor their possession of marijuana at work.

Prohibited Conduct and Penalties

  • Smoking marijuana in public would be punishable by a civil fine of up to $100.
  • Consuming marijuana in a vehicle would be a violation punishable by a fine of up to $200.
  • Using a fake ID or otherwise falsely misrepresenting one’s age in order to obtain marijuana 
would be punishable by a fine of between $100 and $500.
  • The department could suspend or revoke the registration of a marijuana establishment if it 
commits multiple or serious violations of the law or regulations.

Existing Law

  • The existing medical marijuana law would not be affected by HB 110, except that pre-existing medical marijuana licensed businesses shall receive priority in licensing for recreational use.