Delaware Code > Title 4 > Chapter 13 – the Delaware Marijuana Control Act [Effective Upon Fulfillment of the Contingency in 84 Del. Laws, C. 24, &Sect; 15]

		Sections
Subchapter I	General Provisions [Effective upon fulfillment of the contingency in 84 Del. Laws, c. 24, § 15]	1301 – 1315
Subchapter II	Marijuana Commissioner and Appeals Commission [Effective upon fulfillment of the contingency in 84 Del. Laws, c. 24, § 15]	1321 – 1327
Subchapter III	Regulation and Licensure [Effective upon fulfillment of the contingency in 84 Del. Laws, c. 24, § 15]	1331 – 1343
Subchapter IV	Determination of Applications [Effective upon fulfillment of the contingency in 84 Del. Laws, c. 24, § 15].	1351 – 1356
Subchapter V	Cancellation or Suspension of License [Effective upon fulfillment of the contingency in 84 Del. Laws, c. 24, § 15]	1361 – 1364
Subchapter VI	Transfer of License; Death of Licensee [Effective upon fulfillment of the contingency in 84 Del. Laws, c. 24, § 15].	1366 – 1367
Subchapter VII	Owner and Financial Interests of Licensee [Effective upon fulfillment of the contingency in 84 Del. Laws, c. 24, § 15]	1371 – 1375
Subchapter VIII	Marijuana Regulation Fund; Taxes [Effective upon fulfillment of the contingency in 84 Del. Laws, c. 24, § 15]	1381 – 1389

Terms Used In Delaware Code > Title 4 > Chapter 13 - the Delaware Marijuana Control Act [Effective Upon Fulfillment of the Contingency in 84 Del. Laws, C. 24, &Sect; 15]

ACIM: means "A Child is Missing Alert Program". See Delaware Code Title 11 Sec. 8580
ACIM: means "A Child is Missing Alert Program" a national rapid-response communication network that offers free assistance to law-enforcement agencies to aid in the recovery, identity, or apprehension of missing persons through the use of immediate public notification and dissemination of information via telephone in a targeted community. See Delaware Code Title 11 Sec. 8580A
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Actual address: shall mean a residential address, school address or work address of an individual. See Delaware Code Title 11 Sec. 9611
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Administration of criminal justice: shall mean performance of any of the following activities: Detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correction supervision, or rehabilitation of accused persons or criminal offenders, criminal identification activities, and the collection, storage and dissemination of criminal history record information. See Delaware Code Title 11 Sec. 8502
Adult: means a natural person 18 years of age or older. See Delaware Code Title 12 Sec. 260
Adult: means an individual who has attained 18 years of age. See Delaware Code Title 12 Sec. 39A-101
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
adviser: includes a trust "protector" or any other person who, in addition to a qualified trustee, holds 1 or more trust powers. See Delaware Code Title 12 Sec. 3570
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Alcohol: means ethyl alcohol produced by the distillation of any fermented liquid, whether rectified or diluted with water or not, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but it does not mean ethyl alcohol, diluted or not, that has been denatured or otherwise rendered unfit for beverage purposes. See Delaware Code Title 4 Sec. 101
alcoholic cider: means any fermented beverage made from apples, containing more than 1/2 of 1% but not more than 7% of ethyl alcohol by volume. See Delaware Code Title 4 Sec. 101
alcoholic liquors: include the 5 varieties of liquor defined in this section (alcohol, spirits, wine, beer and alcoholic cider) as well as every liquid or solid, patented or not, containing alcohol, spirits, wine, beer or alcoholic cider and capable of being consumed by a human being, and any liquid or solid containing more than 1 of the 5 varieties defined in this section is considered as belonging to that variety which usually has the higher percentage of alcohol. See Delaware Code Title 4 Sec. 101
Allegation: something that someone says happened.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Amortization: Paying off a loan by regular installments.
Ancillary administration: Probate administration of property (usually real property) owned in a State other than the one in which the decedent had his (her) principal residence at the time of death.
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeals Commission: means 3 persons, 1 from each county, appointed by the Governor with the advice and consent of the majority of the Senate. See Delaware Code Title 4 Sec. 1302
Appeals Commission: shall mean 3 persons, 1 from each County, appointed by the Governor with the advice and consent of a majority of the Senate. See Delaware Code Title 4 Sec. 101
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appraisal: A determination of property value.
Approved school: means a school authorized by the Council to provide a mandatory training and education for police officers as prescribed in this chapter. See Delaware Code Title 11 Sec. 8401
Arrest: Taking physical custody of a person by lawful authority.
Assignment: includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer. See Delaware Code Title 12 Sec. 4301
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Audit Manager: means the Abandoned Property Audit Manager of the Delaware Department of Finance. See Delaware Code Title 12 Sec. 1130
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Banking organization: includes any organization, corporation, or association organized and existing under Chapter 7, 15, or 17 of Title 5 or the corresponding provisions of statutes in effect prior to February 12, 1953, or any bank or credit union created under the laws of the United States or any state. See Delaware Code Title 12 Sec. 1130
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Barrel: when used as a container for beer, means such container having a capacity of 31 United States standard gallons of 231 cubic inches. See Delaware Code Title 4 Sec. 101
Beer: means any beverage containing more than 1/2 of 1% of ethyl alcohol by volume, obtained by the alcoholic fermentation of any infusion or decoction of barley malt and hops in water and includes, among other things, ale, porter, stout and other malt or brewed liquors. See Delaware Code Title 4 Sec. 101
Beneficial interest: shall include any of the following:

1. See Delaware Code Title 11 Sec. 1502
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Beneficiary designation: means a testamentary or nontestamentary instrument or contract, other than an instrument creating a trust, naming the beneficiary of:

a. See Delaware Code Title 12 Sec. 602
Beneficiary form: means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. See Delaware Code Title 12 Sec. 801
Bequeath: To gift property by will.
Bequest: Property gifted by will.
Board: shall mean the Board of Pension Trustees established by § 8308 of Title 29. See Delaware Code Title 11 Sec. 8801
Board: shall mean the Violent Crimes Compensation Board, as established by this title. See Delaware Code Title 11 Sec. 9102
Body-worn camera: means an electronic device that is worn by a law-enforcement officer and records audio and video data on the device itself or transmits audio and video data to another location for recording. See Delaware Code Title 11 Sec. 8401
Bottle: means any vessel that is corked, capped or stopped or arranged so to be and intended to contain or to convey liquids. See Delaware Code Title 4 Sec. 101
Bureau: shall mean the Bureau of Prisons. See Delaware Code Title 11 Sec. 6702
Business association: means a for profit or nonprofit corporation, joint stock company, investment company, partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, land bank, safe deposit company, safekeeping depository, financial organization, insurance company, federally chartered entity, utility, sole proprietorship, or other business entity. See Delaware Code Title 12 Sec. 1130
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Caterer: means any proprietorship, partnership or corporation engaged in the business of providing food and beverages at social gatherings such as weddings, dinners, benefits, banquets or other similar events for consideration on a regular basis and duly licensed by the State as caterers with at least 60% of its gross receipts resulting from the sale of food. See Delaware Code Title 4 Sec. 101
Chambers: A judge's office.
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
Child: shall mean any person who is less than 18 years old;

(2) "Child sexual abuse" means any of the following crimes committed against a child:

a. See Delaware Code Title 11 Sec. 8550
child sex abuser information: means the following information concerning a person who has been convicted of a violation of the criminal child sex abuse laws of this State:

a. See Delaware Code Title 11 Sec. 8550
Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
Claim: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured. See Delaware Code Title 12 Sec. 3570
Claim of beneficial interest: includes a claim of any interest by a decedent's legatee, distributee, heirs or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee or a minor owner of a security registered in the name of a custodian or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person on the claimant's behalf and includes a claim that the transfer would be in breach of fiduciary duties. See Delaware Code Title 12 Sec. 4301
Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
Club: means a corporation or association created by competent authority, which is the owner, lessee or occupant of premises operated solely for objects of national, social, patriotic, political or athletic nature, or the like, whether or not for pecuniary gain, and the property as well as the advantages of which belong to or are enjoyed by the stockholders or by the members of such corporation or association. See Delaware Code Title 4 Sec. 101
Code: means the Internal Revenue Code of 1986, as amended (26 U. See Delaware Code Title 12 Sec. 602
Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
Cognitive disability: means a developmental disability that substantially impairs an individual's cognitive abilities including, but not limited to, delirium, dementia and other organic brain disorders for which there is an identifiable pathologic condition, as well as nonorganic brain disorders commonly called functional disorders. See Delaware Code Title 11 Sec. 9422
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
Commissioner: means the person appointed by the Governor and confirmed by the Senate who serves as the Alcoholic Beverage Control Commissioner for the State. See Delaware Code Title 4 Sec. 101
Commissioner of Correction: means the Commissioner of the Department of Correction. See Delaware Code Title 11 Sec. 6503
Compassion center: means an entity registered as a compassion center under § 4914A of Title 16. See Delaware Code Title 4 Sec. 1302
Compensation: shall mean all salary or wages, excluding overtime payments and special payments for extra duties, payable to a member for service. See Delaware Code Title 11 Sec. 8801
Complaint: shall mean any report, notification or information given to a law-enforcement officer that a person is missing or cannot, with reasonable care, be located;

(2) "Missing person" shall mean a person who is missing, and who also meets 1 of the following characteristics:

a. See Delaware Code Title 11 Sec. 8531
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Concert hall: shall mean an indoor facility used to host live entertainment that is owned, leased, under easement, and/or operated by any person and that has capacity for at least 600 patrons for any single event. See Delaware Code Title 4 Sec. 101
Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
Consumer: means an individual 21 years of age or older who purchases marijuana, marijuana products, or marijuana accessories for personal use by the individual or other individuals 21 years of age or older, but not for resale to others. See Delaware Code Title 4 Sec. 1302
Container: means a "rigid plastic container" or a "plastic bottle" as those terms are defined in this section. See Delaware Code Title 7 Sec. 6091
Continuance: Putting off of a hearing ot trial until a later time.
Conviction data: means any criminal history record information relating to an arrest which has led to a conviction or other disposition adverse to the subject. See Delaware Code Title 11 Sec. 8502
Cooking wine: means a wine that is no more than 20% alcohol by volume and includes no less than 1. See Delaware Code Title 4 Sec. 101
Corporation: means a private or public corporation, association or trust issuing a security. See Delaware Code Title 12 Sec. 4301
Correctional institution: means any entity under the authority of any state, county, or municipal law-enforcement division that has the power to detain or restrain a person under the laws of the State. See Delaware Code Title 11 Sec. 6602
Corrections official: means the official responsible for oversight of a correctional institution, or his or her designee. See Delaware Code Title 11 Sec. 6602
Council: means the Council on Police Training. See Delaware Code Title 11 Sec. 8401
Court: means the Superior Court, Family Court, Court of Common Pleas and the Justice of the Peace Court. See Delaware Code Title 11 Sec. 9401
Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
Credited service: shall mean , for any member:

a. See Delaware Code Title 11 Sec. 8801
Creditor: means , with respect to a transferor, a person who has a claim. See Delaware Code Title 12 Sec. 3570
Crime: means an act or omission committed by a person, whether or not competent or an adult, which, if committed by a competent adult, is punishable by incarceration and which violates 1 or more of the following sections of this title:

OFFENSES AGAINST THE PERSON

601. See Delaware Code Title 11 Sec. 9401
criminal child sex abuse laws of this State: means those sections of the Delaware Criminal Code which establish criminal penalties for the commission of child sex abuse by a parent or other family member of a child or by any other person;

(5) "National Crime Information Center" means the division of the Federal Bureau of Investigation that serves as a computerized information source on wanted criminals, persons named in arrest warrants, runaways, missing children and stolen property for use by federal, state and local law-enforcement authorities. See Delaware Code Title 11 Sec. 8550
Criminal history background check: means the acquisition of state or federal criminal history record information for an individual. See Delaware Code Title 11 Sec. 8502
Criminal history record information: shall mean information collected by state or federal criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations or other formal criminal charges and any disposition arising therefrom, sentencing, correctional supervision and release. See Delaware Code Title 11 Sec. 8502
Criminal justice agency: shall mean :

a. See Delaware Code Title 11 Sec. 8502
Criminal Justice Information System: shall mean the computer hardware, software and communications network managed, operated and/or maintained for the Delaware Criminal Justice Information System. See Delaware Code Title 11 Sec. 8502
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
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
death taxes: include inheritance and estate taxes and any taxes levied against the estate of a decedent upon the occasion of the decedent's death. See Delaware Code Title 12 Sec. 2351
Debt: means liability on a claim. See Delaware Code Title 12 Sec. 3570
Decedent: A deceased person.
Declarant: means a competent adult who signs a declaration pursuant to the provisions of this article. See Delaware Code Title 12 Sec. 260
Declaration instrument: means a written instrument, signed by a declarant, governing the disposition of the declarant's last remains and the ceremonies planned after a declarant's death, including a document governing the disposition of last remains under this title or a United States Department of Defense Record of Emergency Data Form (DD Form 93) or any successor form executed by the declarant. See Delaware Code Title 12 Sec. 260
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Defense attorney: Represent defendants in criminal matters.
Department: means the Department of Safety and Homeland Security. See Delaware Code Title 4 Sec. 1302
Department: shall mean the Department of Correction. See Delaware Code Title 11 Sec. 6702
Department: means the Department of Correction. See Delaware Code Title 11 Sec. 6503
Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 6091
Dependent: shall mean a dependent child or dependent parent. See Delaware Code Title 11 Sec. 8801
Dependent: A person dependent for support upon another.
Devise: To gift property by will.
Disclaimant: means the person to whom a disclaimed interest in property would have passed had the disclaimer not been made, or the person who would have had a power over property or with respect to property, including a power of appointment, had the disclaimer not been made. See Delaware Code Title 12 Sec. 602
Disclaimed interest: means the interest that would have passed to the disclaimant had the disclaimer not been made. See Delaware Code Title 12 Sec. 602
Disclaimer: means the refusal to accept an interest in or power over property. See Delaware Code Title 12 Sec. 602
Disorderly house: means house, or reputed house, of prostitution, ill-fame or assignation. See Delaware Code Title 4 Sec. 101
Disposition: shall include , but not be limited to, trial verdicts of guilty or not guilty, nolle prosequis, Attorney General probations, pleas of guilty or nolo contendere, dismissals, incompetence to stand trial, findings of delinquency or nondelinquency and initiation and completion of appellate proceeding. See Delaware Code Title 11 Sec. 8502
Disposition: means a transfer, conveyance or assignment of property (including a change in the legal ownership of property occurring upon the substitution of 1 trustee for another or the addition of 1 or more new trustees), or the exercise of a power so as to cause a transfer of property, to a trustee or trustees, but shall not include the release or relinquishment of an interest in property that theretofore was the subject of a qualified disposition and shall not include a sale or exchange for full and adequate consideration. See Delaware Code Title 12 Sec. 3570
Disproportionately-impacted area: means census tracts identified by the Commissioner in collaboration with state and local agencies that have high rates of arrest, conviction, and incarceration relating to the sale, possession, use, cultivation, manufacture, or transport of marijuana. See Delaware Code Title 4 Sec. 1302
Dissemination: shall mean the transmission of criminal history record information, or the confirmation of the existence or nonexistence of such information. See Delaware Code Title 11 Sec. 8502
Division: means the Division of Alcohol and Tobacco Enforcement. See Delaware Code Title 4 Sec. 1302
Division: means "Division of Alcohol and Tobacco Enforcement. See Delaware Code Title 4 Sec. 101
Docket: A log containing brief entries of court proceedings.
Documentary materials: shall mean any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, and any data compilation from which information can be obtained or from which information can be translated into useable form, or other tangible item. See Delaware Code Title 11 Sec. 1502
Domicile: means as follows:

a. See Delaware Code Title 12 Sec. 1130
Domiciliary state: means the jurisdiction in which the decedent was domiciled at the time of the decedent's death. See Delaware Code Title 12 Sec. 2351
Donee: The recipient of a gift.
Dower: A widow
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Delaware Code Title 12 Sec. 1130
Emergency: means the respondent is in danger of incurring imminent serious physical harm or substantial economic loss or expense. See Delaware Code Title 12 Sec. 39A-101
Employee: shall mean :

a. See Delaware Code Title 11 Sec. 8801
Enterprise: shall include any individual, sole proprietorship, partnership, corporation, trust or other legal entity; and any union, association or group of persons associated in fact, although not a legal entity. See Delaware Code Title 11 Sec. 1502
Equalized state service: shall mean :

a. See Delaware Code Title 11 Sec. 8801
Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
Establishment: means any place located physically in this State where alcoholic liquor of 1 or more varieties is stored, sold or used by authority of any law of this State, including a hotel, restaurant, tavern, beer garden, or club as defined in this section, or where alcoholic liquor of 1 or more varieties is manufactured by virtue of any law of this State. See Delaware Code Title 4 Sec. 101
Ex officio: Literally, by virtue of one's office.
Executive session: A portion of the Senate's daily session in which it considers executive business.
Executor: A male person named in a will to carry out the decedent
Executrix: The female counterpart of an executor. See also
Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
Extraordinary circumstances: means an immediate and serious threat of harm to themselves, staff, or others, or a substantial flight risk that cannot reasonably be contained by any other means. See Delaware Code Title 11 Sec. 6602
FBI: means the Federal Bureau of Investigation. See Delaware Code Title 11 Sec. 8571
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fermented beverage: means any product similar to beer, including sake and seltzer, containing ½ of 1% or more of alcohol by volume, brewed from substitutes for malt, including rice, grain, bran, glucose, sugar and molasses. See Delaware Code Title 4 Sec. 101
FFL: means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives as a manufacturer, importer, or dealer of firearms. See Delaware Code Title 11 Sec. 8571
Fiduciary: A trustee, executor, or administrator.
Fiduciary: means a personal representative, trustee of a trust, agent acting under a power of attorney, conservator, custodian under a Uniform Transfers to Minors Act [Chapter 45 of this title] or similar statute of any jurisdiction, guardian, or other person authorized to act as a fiduciary with respect to the property or power of another person. See Delaware Code Title 12 Sec. 602
Fiduciary: means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee. See Delaware Code Title 12 Sec. 4301
Final average compensation: shall mean 1/3 6 of the compensation paid to an employee during any period of 36 consecutive months for services rendered during those 36 months, in the years of credited service in which the compensation was highest. See Delaware Code Title 11 Sec. 8801
Financial organization: means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization, or credit union. See Delaware Code Title 12 Sec. 1130
Firearm: means as defined under 18 U. See Delaware Code Title 11 Sec. 8571
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
former spouse: means only persons to whom the transferor was married at, or before, the time the qualified disposition is made. See Delaware Code Title 12 Sec. 3570
Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
Full age: means the age of 18 years or older. See Delaware Code Title 1 Sec. 302
Fund: shall mean the Fund established by § 8843 of this title. See Delaware Code Title 11 Sec. 8801
Game-related digital content: means digital content that exists only in an electronic game or electronic-game platform. See Delaware Code Title 12 Sec. 1130
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
gathering: means a banquet, picnic, bazaar, fair or similar private gathering or similar public gathering where food or drink are sold, served or dispensed by nonprofit organizations such as churches, colleges and universities, volunteer fire companies, political parties or other similar nonprofit groups having a common civic, social, educational or religious purpose, or where entrance tickets are sold or entrance fees are required by those nonprofit organizations. See Delaware Code Title 4 Sec. 101
General Fund: means the General Fund described in § 6102 of Title 29. See Delaware Code Title 12 Sec. 1130
Germane: On the subject of the pending bill or other business; a strict standard of relevance.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Gift card: means a record that may be used to obtain merchandise, goods, or services at a single retailer of goods or services or an affiliated group of retailers of goods or services. See Delaware Code Title 12 Sec. 1130
Gold Alert Program: means as defined in § 8580 of this title. See Delaware Code Title 11 Sec. 8580A
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Grantee: includes every person to whom a freehold estate or interest is conveyed. See Delaware Code Title 1 Sec. 302
Green Alert: means the procedures used to aid in the identification of a missing member of the armed forces. See Delaware Code Title 11 Sec. 8580A
Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
Guardian: is a "guardian of the person" as that term is used in this title. See Delaware Code Title 12 Sec. 39A-101
Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
Heirs: means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. See Delaware Code Title 12 Sec. 801
Holder: means the person holding a power of appointment over an interest in property held in a trust, or holding a power over a trust, who is granted the right or authority to exercise the power of appointment over an interest in property held in a trust or of a power over a trust under the terms of the instrument governing the trust. See Delaware Code Title 12 Sec. 602
Holder: means any person having possession, custody, or control of the property of another person and includes a post office, a depository, a bailee, a trustee, a receiver or other liquidating officer, a fiduciary, a governmental department, institution or agency, a municipal corporation and the fiscal officers thereof, a public utility, service corporation, and every other legal entity incorporated or created under the laws of this State or doing business in this State. See Delaware Code Title 12 Sec. 1130
Home state: means the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months ending within the 6 months prior to the filing of the petition. See Delaware Code Title 12 Sec. 39A-101
Hotel: means any establishment, provided with special space and accommodation, where, in consideration of payment, food and lodging are habitually furnished to travelers. See Delaware Code Title 4 Sec. 101
Image: includes , but is not limited to, any photograph, video, sketch, or computer-generated image that provides a means to visually identify the person depicted. See Delaware Code Title 11 Sec. 9611
Immature plant: means a nonflowering marijuana plant: no taller than 8 inches and no wider than 8 inches; that is produced from a cutting, clipping, or seedling; is in a cultivating container; and which does not have buds that may be observed by visual examination. See Delaware Code Title 4 Sec. 1302
Immediate postpartum period: means the 13-week period following childbirth. See Delaware Code Title 11 Sec. 6602
Import: means the transporting or ordering or arranging for the transportation or shipment of alcoholic liquor into the State whether by a resident of the State or otherwise. See Delaware Code Title 4 Sec. 101
Importer: means the person transporting or ordering, authorizing or arranging the transportation or shipment of alcoholic liquors into this State, whether the person is a resident or citizen of this State or not, said person being permitted to sell said alcoholic liquors only to those persons licensed to resell alcoholic liquors; provided, however, that nothing contained in this definition shall be construed as prohibiting an importer from selling such alcoholic liquors to either an active owner of that business for that person's use and not for resale or to a full-time, bona fide employee of that business for that person's use and not for resale; and provided further, that nothing contained in this definition shall be construed as prohibiting an importer from selling beer in "half-barrel" or "quarter-barrel" containers to the holders of a personal license. See Delaware Code Title 4 Sec. 101
Inactive member: shall mean a member who is an employee on or after the member:

a. See Delaware Code Title 11 Sec. 8801
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Infancy: means an age of less than 18 years. See Delaware Code Title 1 Sec. 302
Insurance company: means an association, corporation, or fraternal or mutual-benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including accident, burial, casualty, credit-life, contract-performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage-protection, and worker-compensation insurance. See Delaware Code Title 12 Sec. 1130
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
Inter vivos: Transfer of property from one living person to another living person.
Internet: has the meaning used in § 931 of this title. See Delaware Code Title 11 Sec. 9611
Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
Intestate: Dying without leaving a will.
Investigating law-enforcement agency: means the law-enforcement agency which has primary jurisdiction in the area in which a missing person complaint has been filed. See Delaware Code Title 11 Sec. 8580
Investigating law-enforcement agency: means the law-enforcement agency that has primary jurisdiction in the area in which a complaint regarding a missing member of the armed forces is filed. See Delaware Code Title 11 Sec. 8580A
Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
Jointly held property: means property held in the name of 2 or more persons under an arrangement in which all owners have concurrent interests and under which the last surviving owner is entitled to the whole of the property. See Delaware Code Title 12 Sec. 602
Juror: A person who is on the jury.
Label: means a molded, imprinted or raised symbol on or near the bottom of a rigid plastic container or plastic bottle. See Delaware Code Title 7 Sec. 6091
Labor: means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix. See Delaware Code Title 11 Sec. 6602
Labor peace agreement: means an agreement between a licensee and any bona fide labor organization that prohibits labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the licensee's business. See Delaware Code Title 4 Sec. 1302
Last remains: means the deceased's body or cremains after death. See Delaware Code Title 12 Sec. 260
Law: includes the laws and ordinances of this State, political subdivisions and municipalities thereof. See Delaware Code Title 11 Sec. 6503
Law-enforcement agency: means the police department of any political subdivision of this State, the Delaware State Police, the Capitol Police, and the Delaware Department of Justice. See Delaware Code Title 11 Sec. 9611
Law-enforcement agency: means a government agency or any subunit thereof which performs the administration of criminal justice pursuant to state or federal law or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. See Delaware Code Title 11 Sec. 8901B
Law-enforcement officer: shall include police officers, special investigators pursuant to § 9016 of Title 29, the Attorney General and the Attorney General's deputies, state fire marshals, municipal fire marshals that are graduates of a Delaware Police Academy which is accredited/authorized by the Council on Police Training, sworn members of the City of Wilmington Fire Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Council on Police Training, environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, sheriffs and their regular deputies, agents of the State Division of Alcohol and Tobacco Enforcement, correctional officers, animal welfare officers of the Office of Animal Welfare, and constables. See Delaware Code Title 11 Sec. 8502
Lawful age: means the age of 18 years or older. See Delaware Code Title 1 Sec. 302
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.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legacy: A gift of property made by will.
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
Legatee: A beneficiary of a decedent
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
License: means any license or permit to manufacture, to sell, to purchase, to transport, to import or to possess alcoholic liquor authorized or issued by the Commissioner under the provisions of Chapter 5 of this title. See Delaware Code Title 4 Sec. 101
Lien: A claim against real or personal property in satisfaction of a debt.
Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
Lineal descendant: Direct descendant of the same ancestors.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local administration: means administration by a personal representative appointed in this State pursuant to appointment proceedings described in this title. See Delaware Code Title 12 Sec. 1561
Local personal representative: includes any personal representative appointed in this State pursuant to appointment proceedings described in this title and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to § 1566 of this title. See Delaware Code Title 12 Sec. 1561
Loyalty card: means a record given without direct monetary consideration under an award, reward, benefit, loyalty, incentive, rebate, or promotional program that may be used or redeemed only to obtain goods or services or a discount on goods or services. See Delaware Code Title 12 Sec. 1130
Manufacture: means distill, rectify, ferment, brew, make, mix, concoct or process any substance or substances capable of producing a beverage containing more than 1/2 of 1% of alcohol by volume and includes blending, bottling or other preparation for sale. See Delaware Code Title 4 Sec. 101
Manufacturer: means any person engaged in the manufacture of any alcoholic liquor and among others includes a distiller, a rectifier, a wine maker, a brewer, and includes a bottler or one who prepares alcoholic liquor for sale. See Delaware Code Title 4 Sec. 101
Marijuana: means as defined in § 4701 of Title 16. See Delaware Code Title 4 Sec. 1302
Marijuana accessories: means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana; or for ingesting, inhaling, or otherwise introducing marijuana into the human body. See Delaware Code Title 4 Sec. 1302
Marijuana establishment: means an entity licensed as a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store. See Delaware Code Title 4 Sec. 1302
Marijuana product manufacturing facility: means an entity licensed to: purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and retail marijuana stores, but not to consumers. See Delaware Code Title 4 Sec. 1302
Marijuana products: means products that are comprised of marijuana, including concentrated marijuana, and other ingredients and are intended for use or consumption, such as edible products, ointments, and tinctures. See Delaware Code Title 4 Sec. 1302
Marijuana testing facility: means an entity licensed to test marijuana for potency and contaminants. See Delaware Code Title 4 Sec. 1302
Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
Member: shall mean a person who is an employee on or after the date the employer affiliates with the Fund. See Delaware Code Title 11 Sec. 8801
Microbusiness license: means a license issued pursuant to part C of subchapter III of this chapter which includes any of the following:

a. See Delaware Code Title 4 Sec. 1302
Mineral: means gas, oil, coal, oil shale, other gaseous liquid or solid hydrocarbon, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources, and any other substance defined as a mineral by law of this State other than this chapter. See Delaware Code Title 12 Sec. 1130
Mineral proceeds: means an amount payable for extraction, production, or sale of minerals, or, on the abandonment of the amount, the amount that becomes payable after abandonment. See Delaware Code Title 12 Sec. 1130
minor child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
Missing child: means any person who is under the age of 18 years, whose temporary or permanent residence is in Delaware, or is believed to be in Delaware, whose location has not been determined, and who has been reported as missing to a law-enforcement agency. See Delaware Code Title 11 Sec. 8542
Missing child report: is a report prepared on a form designed by the Clearinghouse for use by private citizens and law-enforcement agencies to report missing children information to the Clearinghouse. See Delaware Code Title 11 Sec. 8542
Missing member of the armed forces: means an individual who meets all of the following:

a. See Delaware Code Title 11 Sec. 8580A
Missing senior citizen: means a person:

a. See Delaware Code Title 11 Sec. 8580
Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Motorsports speedway: shall mean a motorsports speedway (including any contiguous land when being used in connection with its events) that is owned, leased, under easement, and/or operated by any person and having a seating capacity of at least 5,000 seats. See Delaware Code Title 4 Sec. 101
Movie theater: shall mean an indoor facility used to host showings of motion pictures and that has a capacity of at least 500 patrons for any single movie showing or for showing of multiple movies in separate theaters at the same time. See Delaware Code Title 4 Sec. 101
Multiple activity club: is a club as to which, in the determination of the Commissioner, the service of spirits, wine or beer is not the principal activity in the premises of the club as established by the following:

a. See Delaware Code Title 4 Sec. 101
Municipal bond: means a bond or evidence of indebtedness issued by a municipality or other political subdivision of a state. See Delaware Code Title 12 Sec. 1130
NICS: means the National Instant Criminal Background Check System. See Delaware Code Title 11 Sec. 8571
NICS POC: means as point of contact is defined under this section. See Delaware Code Title 11 Sec. 8571
NICS POC Guidelines: means the guidelines established and published by the federal government for the operation and implementation of the NICS program by a POC agency. See Delaware Code Title 11 Sec. 8571
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Nonfreely transferable security: means a security that cannot be delivered to the State Escheator by the Depository Trust Clearing Corporation or a similar custodian of securities providing post-trade clearing and settlement services to financial markets or cannot be delivered because there is no agent to effect transfer. See Delaware Code Title 12 Sec. 1130
Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
Oath: A promise to tell the truth.
Off-site caterer: means any proprietorship, partnership or corporation engaged in the business of providing food and beverages at social gatherings, such as weddings, dinners, benefits, banquets or other similar events, that are held off the site of the caterer's business for consideration and on a regular basis. See Delaware Code Title 4 Sec. 101
Offender: includes any person convicted of a crime or offense as defined in § 101 of this title or the ordinances of any incorporated municipality of this State, including a person committed for civil or criminal contempt, except,

a. See Delaware Code Title 11 Sec. 6503
Open license: means a license issued pursuant to part B of subchapter III of this chapter that is not a social equity license or microbusiness license which includes all of the following:

a. See Delaware Code Title 4 Sec. 1302
Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
owner: shall include a tenant by the entirety. See Delaware Code Title 12 Sec. 602
Owner: means a person, or the person's legal representative when acting on behalf of the person, that has a legal, beneficial, or equitable interest in property subject to this chapter. See Delaware Code Title 12 Sec. 1130
Partial disability: shall mean a medically determined physical or mental impairment which renders the member unable to function as a police officer and which is reasonably expected to last at least 12 months. See Delaware Code Title 11 Sec. 8801
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Party: means the respondent, petitioner, guardian, conservator, or any other person allowed by the Court to participate in a guardianship or protective proceeding. See Delaware Code Title 12 Sec. 39A-101
Pattern of racketeering activity: shall mean 2 or more incidents of conduct:

a. See Delaware Code Title 11 Sec. 1502
Pecuniary value: shall mean :

a. See Delaware Code Title 11 Sec. 1502
Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
Permanent appointment: means appointment by the authority of any municipality or governmental unit in or of this State or the University of Delaware to permanent status as a police officer. See Delaware Code Title 11 Sec. 8401
Person: means as defined in § 302 of Title 1. See Delaware Code Title 4 Sec. 1302
Person: means an individual, living, deceased or unborn, ascertained or unascertained, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or any governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Delaware Code Title 12 Sec. 602
Person: has the meaning ascribed to it in § 302(15) of Title 1. See Delaware Code Title 12 Sec. 3570
Person: means an individual, a corporation, an organization or other legal entity. See Delaware Code Title 12 Sec. 801
Person: includes an individual, a corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association, 2 or more persons having a joint or common interest or any other legal or commercial entity. See Delaware Code Title 12 Sec. 4301
Person: includes an individual, a partnership, a corporation, a club or any other association of individuals. See Delaware Code Title 4 Sec. 101
Person: means an individual, corporation, statutory trust, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Delaware Code Title 11 Sec. 9401
Person: means any individual, trust, firm, joint stock company, federal agency, partnership, corporation (including a government corporation), association, state, municipality, commission, political subdivision of a state or any interstate body. See Delaware Code Title 7 Sec. 6091
Person: means an individual; estate; business association; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity. See Delaware Code Title 12 Sec. 1130
Person convicted of a crime: shall mean any person convicted of a crime in this State either by entry of a plea of guilty, a plea of nolo contendere, a "Robinson plea" or by conviction after trial as well as a person found not guilty as a result of the defense of mental disease or defect pursuant to this title. See Delaware Code Title 11 Sec. 9102
Person who is incapacitated: shall mean a "person with a disability" as that term is defined in § 3901(a)(2) of this title. See Delaware Code Title 12 Sec. 39A-101
Person with a mental condition: includes every person with an emotional or psychiatric disorder or disability. See Delaware Code Title 1 Sec. 302
Personal property: shall include any personal property or any interest in such personal property, or any right, including bank accounts, debts, corporate stocks, patents or copyrights. See Delaware Code Title 11 Sec. 1502
Personal property: All property that is not real property.
Personal representative: includes executor, administrator, administrator with the will annexed and successor personal representatives and persons who perform substantially the same function under the law governing their status. See Delaware Code Title 12 Sec. 1561
Personal representative: includes executor, administrator, successor personal representative, special administrator and persons who perform substantially the same function under the law governing their status. See Delaware Code Title 12 Sec. 801
Personal use quantity: means as defined in § 4701 of Title 16. See Delaware Code Title 4 Sec. 1302
Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
Plaintiff: The person who files the complaint in a civil lawsuit.
Plastic: means any material made of polymeric organic compounds and additives that can be shaped by flow. See Delaware Code Title 7 Sec. 6091
Plastic bottle: means a plastic container intended for single use that has a neck that is smaller than the body of the container; accepts a screw-type cap, snap cap or other closure; and has a capacity of 16 fluid ounces or more, but less than 5 gallons. See Delaware Code Title 7 Sec. 6091
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
POC: means a state or local law-enforcement agency serving as an intermediary between an FFL and the federal databases checked by NICS. See Delaware Code Title 11 Sec. 8571
Police officer: means a sworn member of a police force or other law-enforcement agency of this State or of any county or municipality who is responsible for the prevention and the detection of crime and the enforcement of laws of this State or other governmental units within the State. See Delaware Code Title 11 Sec. 8401
Post or display publicly: means to communicate, transmit, or otherwise make available to any other person. See Delaware Code Title 11 Sec. 9611
Powdered alcoholic beverage: means any powders or crystals that, after being mixed with sugar, water, or any other nonalcoholic materials, ferments or otherwise becomes a wine, beer, or other alcoholic beverage. See Delaware Code Title 4 Sec. 101
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
Preparation: means any medicine (patented or proprietary); any mixture containing drugs or mineral substances; any perfume, lotion, tincture, varnish, dressing, fluid extract or essence, vinegar, cream, ointment or salve; any distillate or decoction, whether or not containing other substances in solution or suspension, that contains ethyl alcohol or any alcoholic liquor to any amount exceeding 1/2 of 1% by volume. See Delaware Code Title 4 Sec. 101
Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
Primary survivor: shall mean a person in the following order of priority, unless the priority is changed by the member on a form prescribed by the Board on file with the Board at the time of the member's death:

a. See Delaware Code Title 11 Sec. 8801
Principal: shall mean a person who engages in conduct constituting a violation, or one who is legally accountable for the unlawful conduct of another person or entity. See Delaware Code Title 11 Sec. 1502
Prisoner: means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of a criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program. See Delaware Code Title 11 Sec. 6602
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Program: means the procedures used to aid in the identification and location of a missing person as defined under paragraphs (4), (5), and (6) of this section. See Delaware Code Title 11 Sec. 8580
Program: means the Address Confidentiality Program of the Department of Justice. See Delaware Code Title 11 Sec. 9611
Program participant: means any person certified by the Department of Justice as eligible to participate in the address confidentiality program established by this subchapter. See Delaware Code Title 11 Sec. 9611
Property: includes real property, personal property, and interests in real or personal property. See Delaware Code Title 12 Sec. 3570
Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Delaware Code Title 12 Sec. 801
Property: means tangible property described in § 1134 of this title or a fixed and certain interest in intangible property held, issued, or owed in the course of a holder's business or by a government, governmental subdivision, agency, or instrumentality. See Delaware Code Title 12 Sec. 1130
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Prosecutor: means a representative of the office of the Attorney General. See Delaware Code Title 11 Sec. 9401
protected person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Delaware Code Title 12 Sec. 39A-101
Protective order: means an order appointing a "guardian of the property" as that term is used in this title. See Delaware Code Title 12 Sec. 39A-101
Protective proceeding: means a judicial proceeding in which a protective order is sought or has been issued. See Delaware Code Title 12 Sec. 39A-101
Provider: is a s defined in § 10002 of Title 16. See Delaware Code Title 11 Sec. 8901B
Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Public safety answering point: is a s defined in § 10002 of Title 16. See Delaware Code Title 11 Sec. 8901B
Qualified disposition: means a disposition by or from a transferor (or multiple transferors in the case of property in which each such transferor owns an undivided interest) to 1 or more trustees, at least 1 of which is a qualified trustee, with or without consideration, by means of a trust instrument. See Delaware Code Title 12 Sec. 3570
Qualified trustee: means a person who meets the requirements of the following paragraphs (8)a. See Delaware Code Title 12 Sec. 3570
Quorum: The number of legislators that must be present to do business.
Racketeering: shall mean to engage in, to attempt to engage in, to conspire to engage in or to solicit, coerce or intimidate another person to engage in:

a. See Delaware Code Title 11 Sec. 1502
Rap Back System: shall mean a service maintained by the FBI to provide authorized noncriminal and criminal justice agencies ongoing status notifications of any criminal history subsequently reported to the FBI in its criminal history system after the initial criminal or civil transaction thus eliminating the need for repeated background checks on a person from the same applicant agency. See Delaware Code Title 11 Sec. 8502
Real property: shall mean any real property situated in this State or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property. See Delaware Code Title 11 Sec. 1502
Recipient agency: means any government agency which is directed or authorized by law to conduct a criminal history background check for the purposes of employing or licensing any individual in this State. See Delaware Code Title 11 Sec. 8502
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Delaware Code Title 12 Sec. 1130
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Delaware Code Title 12 Sec. 39A-101
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
Registering entity: means a person who originates or transfers a security title by registration and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. See Delaware Code Title 12 Sec. 801
Release status: shall mean information concerning whether or not an individual is incarcerated and the reason therefor, which shall include but is not limited to information concerning releases on bail, or on own recognizance, commitments in default of bail, referrals to other agencies, decision of prosecutors not to commence or to postpone criminal proceedings, release from institutions and any conditions imposed concerning those released. See Delaware Code Title 11 Sec. 8502
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
Representative of the victim: means a member of the victim's family or an individual designated by the victim or by a court in which the crime is being or could be prosecuted. See Delaware Code Title 11 Sec. 9401
Residence: means the place occupied by a person as a domicile or otherwise, either permanently or temporarily, and includes not only the premises occupied, but also every annex or dependency thereof held under the same title as the premises occupied. See Delaware Code Title 4 Sec. 101
Resident creditor: means a person domiciled in, or doing business in this State, who is, or could be, a claimant against an estate of a nonresident decedent. See Delaware Code Title 12 Sec. 1561
Respondent: means an adult for whom a protective order or the appointment of a guardian is sought. See Delaware Code Title 12 Sec. 39A-101
Restaurant: means any establishment which is regularly used and kept open principally for the purpose of serving complete meals to persons for consideration and which has seating at tables for 12 or more persons and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook. See Delaware Code Title 4 Sec. 101
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Restraints: means any physical restraint or mechanical device used to control the movement of a prisoner's body and/or limbs, including, but not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security (tether) chain, or a convex shield. See Delaware Code Title 11 Sec. 6602
Retail marijuana: means "marijuana" as defined in § 4701 of Title 16, that is cultivated, manufactured, distributed, or sold by a licensed marijuana establishment. See Delaware Code Title 4 Sec. 1302
Retail marijuana store: means an entity licensed to purchase marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana products from marijuana product manufacturing facilities; and to sell marijuana and marijuana products to consumers. See Delaware Code Title 4 Sec. 1302
Retailer: means the person permitted to sell alcoholic liquors in a store in the State, not for consumption on the premises. See Delaware Code Title 4 Sec. 101
Retired member: shall mean a member who has terminated service, other than an inactive member, who is eligible to receive a service or disability pension under this chapter. See Delaware Code Title 11 Sec. 8801
Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
Sale: means every act of selling as defined in this section. See Delaware Code Title 4 Sec. 101
SBI: means the State Bureau of Identification of the Delaware State Police. See Delaware Code Title 11 Sec. 8571
Seasonal appointment: means appointment for less than 6 months each year but more than 4 weeks for police duties necessitated by seasonal demands. See Delaware Code Title 11 Sec. 8401
Secretary: means the Secretary of the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 6091
Security: means a share, participation or other interest in property, in a business or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security and a security account. See Delaware Code Title 12 Sec. 801
Security: includes any share of stock, bond, debenture, note or other security issued by a corporation which is registered as to ownership on the books of the corporation. See Delaware Code Title 12 Sec. 4301
Security: means any of the following:

a. See Delaware Code Title 12 Sec. 1130
Security account: means :

a. See Delaware Code Title 12 Sec. 801
Sell: means : solicit or receive an order for; keep or expose for sale; deliver for value or in any other way than purely gratuitously; keep with intent to sell; keep or transport in contravention of this title; traffic in; or for any valuable consideration, promised or obtained, directly or indirectly, or under any pretext or by any means whatsoever, procure or allow to be procured for any other person, to carry alcoholic liquors on one's person or to transport with one and with intent to sell the same, but not in any establishment where the sale thereof is allowed. See Delaware Code Title 4 Sec. 101
Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. ^{Source: U.S. Courts}
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Significant-connection state: means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. See Delaware Code Title 12 Sec. 39A-101
Smoking: means both of the following:

a. See Delaware Code Title 4 Sec. 1302
Social equity license: means a license issued pursuant to part C of subchapter III of this chapter for any of the following:

a. See Delaware Code Title 4 Sec. 1302
Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
Spirits: means any beverage containing more than 1/2 of 1% of ethyl alcohol by volume mixed with water and other substances in solution, and includes, among other things, brandy, rum, whiskey and gin. See Delaware Code Title 4 Sec. 101
State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States. See Delaware Code Title 12 Sec. 801
State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 1130
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101
State Escheator: means the person responsible for the administration and enforcement of this chapter, as established by § 1102 of this title and § 363 of Title 30. See Delaware Code Title 12 Sec. 1130
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Stored-value card: means a record that evidences a promise for consideration by the holder of the record that the owner of the record will be provided, solely or a combination of, merchandise, services, or cash in the value shown in the record, which is pre-funded and the value of which may be increased by the owner or holder or decreased by redemption. See Delaware Code Title 12 Sec. 1130
Subpoena: A command to a witness to appear and give testimony.
Substitute address: means the official address or confidential address designated by the Attorney General. See Delaware Code Title 11 Sec. 9611
Summons: Another word for subpoena used by the criminal justice system.
Taproom: means an establishment provided with special space and accommodations and operated primarily for the sale by the glass and for consumption on the premises of alcoholic liquors with the sale of food as a secondary object as distinguished from a restaurant where the sale of food is the primary object. See Delaware Code Title 4 Sec. 101
Tavern: means any establishment with special space and accommodation for sale of beer and wine as defined in this section to be sold to each customer in single servings. See Delaware Code Title 4 Sec. 101
Temporary large event: means a public or private gathering of more than 1,000 people where food or drink are sold, served or dispensed and which requires an entrance ticket or entrance fee to attend, including but not limited to a: music festival; car show; auction; convention or rally. See Delaware Code Title 4 Sec. 101
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
Testate: To die leaving a will.
Testator: A male person who leaves a will at death.
Testatrix: The female counterpart of a testator.
Third party: includes , but is not limited to, a funeral director, mortician, mortuary, crematorium, or cemetery. See Delaware Code Title 12 Sec. 260
Third-party delivery service: means a company, organization, or entity that is outside of the operation of an establishment's business and acts as an intermediary to provide food-delivery services to customers. See Delaware Code Title 4 Sec. 101
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Total disability: shall mean a medically determined physical or mental impairment which renders the member totally unable to work in any occupation for which the member is reasonably suited by training or experience, which is reasonably expected to last at least 12 months. See Delaware Code Title 11 Sec. 8801
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Transfer: means a change on the books of a corporation in the registered ownership of a security. See Delaware Code Title 12 Sec. 4301
Transfer agent: means a person employed or authorized by a corporation to transfer securities issued by the corporation. See Delaware Code Title 12 Sec. 4301
Transferor: means a person who, as an owner of property, as a holder of a power of appointment which authorizes the holder to appoint in favor of the holder, the holder's creditors, the holder's estate or the creditors of the holder's estate, or as a trustee, directly or indirectly makes a disposition or causes a disposition to be made. See Delaware Code Title 12 Sec. 3570
Trust: means :

a. See Delaware Code Title 12 Sec. 602
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trust instrument: means an instrument appointing a qualified trustee or qualified trustees for the property that is the subject of a disposition, which instrument:

a. See Delaware Code Title 12 Sec. 3570
Trustee: shall include :

1. See Delaware Code Title 11 Sec. 1502
Trustee: A person or institution holding and administering property in trust.
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
Unemancipated minor: shall mean a minor who has not married, and who resides with a parent or other legal guardian. See Delaware Code Title 11 Sec. 8531
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
Unlawful debt: shall mean a debt incurred or contracted in an illegal gambling activity or business; or a debt which is unenforceable under state law, in whole or in part, as to either principal or interest. See Delaware Code Title 11 Sec. 1502
Unreasonable: means an act that is clearly unreasonable, pursuant to the definition of "reasonable under the circumstances" under paragraph (6) of this section. See Delaware Code Title 12 Sec. 260
Unreasonably impracticable: means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset that the operation of a marijuana establishment is not worthy of being carried out in practice by a reasonably-prudent businessperson. See Delaware Code Title 4 Sec. 1302
Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
Utility: means a person that owns or operates for public use a plant, equipment, real property, franchise, or license for any the following public services:

a. See Delaware Code Title 12 Sec. 1130
Vehicle: means any means of transportation by land, by water or by air, and includes everything made use of in any way whatsoever for such transportation. See Delaware Code Title 4 Sec. 101
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Verified location: shall mean the location where it has been confirmed that the missing person was last seen. See Delaware Code Title 11 Sec. 8531
Veteran: means an individual who has served in the United States Armed Forces, including the National Guard or the reserves. See Delaware Code Title 11 Sec. 8580A
Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
Victim: shall mean a person who suffers personal, physical, mental or emotional injury, or pecuniary loss, as a direct result of the commission of a crime enumerated in Chapter 5 of this title. See Delaware Code Title 11 Sec. 9102
Victim: includes a parent, guardian or custodian of a victim who is unable to meaningfully understand or participate in the legal process due to physical, psychological or mental impairment. See Delaware Code Title 11 Sec. 9401
Victim of domestic violence: means a person who is a victim of domestic violence as that term is defined by § 1041 of Title 10, or any equivalent provision in the laws of any other state, the United States, or any territory, District or subdivision thereof or any other foreign jurisdiction. See Delaware Code Title 11 Sec. 9611
Virtual currency: means a digital representation of value, including cryptocurrency, used as a medium of exchange, a unit of account, or a store of value that does not have legal tender status recognized by the United States. See Delaware Code Title 12 Sec. 1130
Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
Whoever: when used in reference to any offender under this title, includes every person who acts individually or by permission or agreement for any other person, and includes also such other person. See Delaware Code Title 4 Sec. 101
Wine: means any beverage containing more than 1/2 of 1% ethyl alcohol by volume obtained by the fermentation of the natural contents of fruits, vegetables or other products and other vinous liquors, and also includes such beverages when fortified by the addition of alcohol or spirits as defined in this section. See Delaware Code Title 4 Sec. 101
Wireless provider: is a s defined in § 10002 of Title 16. See Delaware Code Title 11 Sec. 8901B
Wireless service: is a s defined in § 10002 of Title 16. See Delaware Code Title 11 Sec. 8901B
Witness: means any person other than a law-enforcement officer or probation officer who has knowledge of the existence or nonexistence of any fact related to any crime, or any person who has reported any crime to any law-enforcement officer or probation officer, or any person other than a law-enforcement officer or probation officer who has been designated for service with a subpoena issued by any court or by the Attorney General, or any person other than a law-enforcement officer or probation officer who would be believed by any reasonable person to be an individual described by this paragraph. See Delaware Code Title 11 Sec. 9401
Work: means as defined in § 3302 of Title 19. See Delaware Code Title 4 Sec. 1302
Worthless security: means a security whose cost of liquidation and delivery would exceed the value of the security on the date a report is due under this chapter. See Delaware Code Title 12 Sec. 1130
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.

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Delaware Code > Title 4 > Chapter 13 – the Delaware Marijuana Control Act [Effective Upon Fulfillment of the Contingency in 84 Del. Laws, C. 24, &Sect; 15]

Terms Used In Delaware Code > Title 4 > Chapter 13 - the Delaware Marijuana Control Act [Effective Upon Fulfillment of the Contingency in 84 Del. Laws, C. 24, &Sect; 15]

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