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

Adult Cultivation and Possession Limits

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

State Regulation and Licensing

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

Local Control

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

Taxation and Fees

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

Employers and Private Property

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

Prohibited Conduct and Penalties

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

Existing Law

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

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