What Are The Requirements For Obtaining A License To Operate A Marijuana Retail Dispensary in Delaware?In order to operate a marijuana retail dispensary in Delaware, you must meet the following requirements:
1. Obtain a license from the Delaware Department of Health and Social Services.
2. Meet the minimum age requirement of 21 years old.
3. Have valid identification, including a valid driver’s license or state-issued ID.
4. Have no felony convictions in the last 10 years, and no misdemeanor convictions in the last five years.
5. Have proof of legal residence in the state of Delaware.
6. Have proof of residency in the county where you wish to operate your dispensary, including a valid driver’s license or utility bill showing your local address.
7. Provide proof of financial ability to run a business such as a business plan, financial statements, and tax returns.
8. Provide proof of a valid Delaware business license and certificate of occupancy if applicable.
9. Provide proof that you have $150,000 on deposit with a financial institution as part of your operating capital.
10. Submit a detailed operation plan that includes security measures, business practices, product sources, and any other requested information as part of the application process.
Are There Limitations On The Number Of Marijuana Retail Dispensary Licenses Issued in Delaware?Yes, Delaware currently limits the number of medical marijuana dispensary licenses that can be issued in the state. The Delaware Department of Health and Social Services has issued seven medical marijuana dispensary licenses as of January 2021.
What Zoning Restrictions Or Location Requirements Apply To Marijuana Dispensaries in Delaware?Marijuana dispensaries in Delaware must comply with local zoning restrictions. In Delaware, medical marijuana dispensaries must be located at least 1,000 feet away from all schools and daycares, and 500 feet away from any public or private recreational facility. Additionally, local governments have the right to impose further zoning restrictions for such facilities.
What Types Of Marijuana Products Can Be Sold In Retail Dispensaries in Delaware?Retail dispensaries in Delaware are allowed to sell a variety of marijuana products, including dried flower, edibles, concentrates, tinctures, topicals, pre-filled cartridges, and accessories.
Are There Specific Labeling And Packaging Requirements For Marijuana Products in Delaware?Yes, marijuana products in Delaware must be labeled in accordance with the regulations set forth by the Delaware Department of Health and Social Services (DHSS). The labeling requirements vary depending on the product type, but generally require that the product display information about the source, cannabinoid profile, concentration of THC, warnings, usage instructions, and state health warnings. All marijuana products must also be packed in a secure, child-resistant manner.
How Are Marijuana Prices Determined And Regulated in Delaware?The prices of marijuana in Delaware are determined by the supply and demand of the product. The prices are not regulated by the state, however, the Delaware Department of Health and Social Services (DHSS) does require all medical marijuana dispensaries to report retail prices to the state. This helps the DHSS track the product and ensure that patients have access to safe, quality medicine at fair prices. The DHSS also has a price comparison chart that allows patients to compare different dispensary prices.
What Are The Security And Surveillance Requirements For Marijuana Dispensaries in Delaware?Security and surveillance requirements for marijuana dispensaries in Delaware are outlined in the Delaware Medical Marijuana Act (DMMA). Under the DMMA, all Delaware dispensaries must have a comprehensive security plan in place that includes 24-hour video surveillance, controlled access points, and alarm systems. The security plan must also include detailed procedures for responding to emergencies and providing security to customers and employees. In addition, dispensaries must also comply with the state’s hazard communication regulations. These requirements ensure that all marijuana dispensaries in Delaware are operating safely and securely.
Are There Restrictions On Advertising And Marketing Of Marijuana Products in Delaware?Yes, there are several restrictions on the advertising and marketing of marijuana products in Delaware. The following activities are prohibited:
• Advertising that targets minors or encourages excessive use;
• Advertising via television, radio, print, or digital medium without age-verification safeguards;
• Advertising through promotional items such as clothing, hats, or other merchandise;
• Advertising in any form that is false or misleading; and
• Advertising through public areas where minors are present, such as schools.
What Is The Minimum Age Requirement For Entering A Marijuana Dispensary in Delaware?The minimum age requirement for entering a marijuana dispensary in Delaware is 21.
Are There Restrictions On The Hours Of Operation For Marijuana Dispensaries in Delaware?All medical marijuana dispensaries in Delaware must close by 9:00 PM and must be open at least 30 hours per week.
What Are The Tax Implications For Marijuana Retail Sales in Delaware?The tax implications for marijuana retail sales in Delaware are still being determined, as the state has only recently legalized marijuana for recreational use. However, the state has proposed a 15% excise tax on retail sales of cannabis. This would be paid by the retailer to the state and is expected to be implemented in 2021 after extraction taxes and other fees are taken into consideration. Additionally, local municipalities may levy their own taxes on cannabis sales.
How Are Marijuana Dispensaries Monitored And Inspected For Compliance in Delaware?In Delaware, marijuana dispensaries must obtain a license from the Medical Marijuana Program and comply with all applicable state laws and regulations. The Medical Marijuana Program conducts regular inspections of dispensaries to ensure compliance with all regulations. Inspections typically include a review of the security systems, dispensing records, patient and staff training records, inventory control systems and any other pertinent documents or information. The Medical Marijuana Program has the authority to suspend or revoke a dispensary’s license if it finds that the dispensary is not in compliance with any applicable laws or regulations. Furthermore, the Medical Marijuana Program may require dispensaries to participate in educational programs or take other corrective measures if it finds that a dispensary is not in compliance.
What Training And Certification Requirements Apply To Dispensary Staff in Delaware?The Delaware Department of Health and Social Services (DHSS) has issued regulations that require medical marijuana dispensary employees to obtain a Medical Marijuana Dispensary Certification. The certification is issued by the DHSS and must be completed prior to working at a dispensary. The certification requires completion of the DHSS Medical Marijuana Dispensary Training Program as well as passing a written examination. Applicants must also pass a criminal background check. Additionally, all employees must be at least 21 years of age and possess a valid Delaware driver’s license or state-issued identification.
Are There Specific Requirements For Record-Keeping And Inventory Control in Delaware?Yes, there are specific requirements for record-keeping and inventory control in Delaware. The Delaware Division of Revenue has issued regulations establishing that businesses must maintain records and inventory in accordance with the Generally Accepted Accounting Principles (GAAP), and the Uniform Commercial Code (UCC). Businesses must also keep accurate records of all purchases, sales, and inventory levels. Additionally, businesses must maintain a perpetual inventory system to track the movement of goods in and out of their business, including the amount of inventory on-hand, when it was received, when it was sold, and the cost of the good. Businesses must also have written procedures for tracking and recording returns, exchanges, and adjustments to inventory levels. All records and documents must be readily available for inspection by the Division of Revenue.
What Penalties Or Consequences Can Dispensaries Face For Violating Regulations in Delaware?Dispensaries that violate Delaware’s medical marijuana regulations can face a variety of penalties and consequences, including fines, revocation of their license, and criminal charges. In addition, the Delaware Department of Health and Social Services can conduct unannounced inspections to ensure compliance. If a dispensary is found to be in violation of regulations, they may be subject to civil or criminal penalties, including fines up to $10,000 per violation. Additionally, they may face license revocation or suspension. There is also the potential for criminal prosecution and conviction in some circumstances.
Do Local Municipalities Have The Authority To Ban Or Regulate Marijuana Dispensaries Independently in Delaware?No, local municipalities in Delaware do not have the authority to ban or regulate marijuana dispensaries independently. The state government has sole authority over marijuana policies in Delaware. Local governments may only enact zoning regulations to address the location of medical marijuana dispensaries.
Is Home Delivery Of Marijuana Products Permitted, And Are There Specific Regulations For It in Delaware?No, home delivery of marijuana products is not permitted in Delaware. The Delaware Medical Marijuana Act requires all medical marijuana to be dispensed through designated dispensaries. There are no specific regulations for home delivery of marijuana products in Delaware.
What Are The Rules For Testing And Quality Control Of Marijuana Products Sold In Dispensaries in Delaware?The Delaware Medical Marijuana Program (DMMP) follows strict rules for testing and quality control of marijuana products. All marijuana products must comply with the Delaware State labeling requirements, and must pass pesticide, potency, and microbial testing requirements.
Pesticide testing: All marijuana products must be tested for the presence of pesticides. If pesticides are found, the product must not be sold until it has been re-tested and confirmed to be free of pesticides.
Potency testing: Potency testing is done to measure the exact levels of cannabinoids (THC, CBD, CBG, etc.) in a product. The DMMP requires all marijuana products to have a minimum percentage of active cannabinoids in order to be sold.
Microbial testing: Microbial testing is done to check for the presence of potentially harmful bacteria and fungi in a product. If microbial contaminants are found, the product must not be sold until it has been re-tested and confirmed to be free of contaminants.
Additionally, the DMMP requires all marijuana products to include a label with certain information, including the strain name, cannabinoid levels, weight, and expiration date.