Delaware Code Title 4 Sec. 1343 – Licensing process
(a) Beginning 13 months after [the effective date of 84 Del. Laws, c. 24], the Commissioner shall begin accepting applications for all licenses, including open, social equity, and microbusiness licenses.
Terms Used In Delaware Code Title 4 Sec. 1343
- Commissioner: means the person appointed by the Governor and confirmed by the Senate who serves as the Marijuana Commissioner for the State. See Delaware Code Title 4 Sec. 1302
- cultivation facility: means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. See Delaware Code Title 4 Sec. 1302
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- License: means any license or permit to cultivate, possess, manufacture, sell, transport, or test marijuana or marijuana products and accessories authorized or issued by the Commissioner under this chapter. See Delaware Code Title 4 Sec. 1302
(b) Beginning 14 months after [the effective date of 84 Del. Laws, c. 24], the Commissioner shall begin issuing licenses.
(c) Beginning 15 months after [the effective date of 84 Del. Laws, c. 24], the Commissioner shall issue the following number of cultivation facility licenses provided a sufficient number of qualified applicants exist:
(1) Indoor facility with a cannabis plant grow canopy area less than or equal to 2500 square feet or an outdoor facility with a cannabis plant grow canopy area less than or equal to 1 acre:
a. Twenty microbusiness licenses.
b. Ten social equity licenses.
(2) Indoor facility with a cannabis plant grow canopy area greater than 2500 square feet or an outdoor facility with a cannabis plant grow canopy area greater than 1 acre:
a. Twenty open licenses.
b. Ten social equity licenses.
(d) Beginning 16 months after [the effective date of 84 Del. Laws, c. 24], the Commissioner shall issue the following number of product manufacturing facility licenses provided a sufficient number of qualified applicants exist:
(1) Ten open licenses.
(2) Ten social equity licenses.
(3) Ten microbusiness licenses.
(e) Beginning 19 months after [the effective date of 84 Del. Laws, c. 24], the Commissioner shall issue the following number of licenses provided a sufficient number of qualified applicants exist:
(1) Retail store licenses:
a. Fifteen open licenses.
b. Fifteen social equity licenses.
(2) Testing facility licenses:
a. Three open licenses.
b. Two social equity licenses.
(f) Impossibility of performance because of opposition by localities or lack of qualified applications is a defense to any lawsuit brought against the Commissioner to comply with the issuance of the required number of licenses.
(g) At any time 2 years after [the effective date of 84 Del. Laws, c. 24], the Commissioner may accept applications for any type of license and issue licenses in excess of the numbers identified in this section for any of the following reasons:
(1) The Commissioner determines that additional stores or facilities are needed.
(2) The number of licenses for a particular type of license is less than the number permitted for that type of license in this section.