Delaware: Legislation to Allow Recreational Marijuana Sales to Begin This Year Sent to Governor Carney

Legislation to allow medical marijuana dispensaries to begin selling recreational marijuana this year, far ahead of schedule, has been passed by the Delaware Legislature and sent to Governor John Carney.

By a 16 to 5 vote, House Bill 408 has been passed by the Delaware Senate. The measure has already passed the full House of Representatives, 29 to 11, and now will be sent to Governor Carney.

Sponsored by State Representative Ed Osienski with a companion bill from Senator Trey Paradee, the measure will establish a temporary conversion license for medical marijuana dispensaries, enabling them to sell recreational marijuana while maintaining their medical operations.

The conversion licenses would be available under certain conditions, including:

  • Eligibility for renewal in the Delaware Medical Marijuana Program.
  • Adequate documentation of the ability to meet medical demand and support social equity programs.
  • A labor peace agreement with a recognized labor organization.
  • Submission of facility dimensions for cultivation.
  • A $100,000 license fee per license, supporting social equity applicants financially.

“As we approach the launch of recreational marijuana sales in Delaware, it’s vital to implement policies that support both new and existing retailers”, says Rep. Osienski stated. “Our experienced centers can smoothly handle this transition, using the fees from conversion licenses to support social equity applicants.”

HB 408 sets the application period for conversion licenses from August to November 2024, allowing sells to begin by December. Licensed retail facilities must receive commissioner approval before starting recreational operations. Conversion licenses will expire after four years, with the possibility of renewal.

Delaware’s full Legislature recently passed legislation to protect banks and other financial institutions that provide services to state-legal marijuana businesses, sending it to Governor Carney.

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