Marijuana czar’s office seeks comment on draft legalization regulations


The Dover-based Office of Marijuana Commissioner is seeking comment on the regulations governing adult-use recreational marijuana industry in Delaware as the date for sales moves into 2025.

The Delaware Marijuana Control Act legalized the use of recreational marijuana for individuals 21 and older and led to the formation of the commisioner’s office. It comes with a long transition in setting up a growing and selling structure.

Preparations for legalization were limited by opposition from Gov. john Carney. The governor last year, allowed the measure to become law without his signature.

The office will offer the opportunity to comment on the “elements of the regulations as individual sections are posted weekly on its website beginning this month.

“It is our hope that this early engagement with the community and stakeholders will enhance transparency and foster a shared commitment to the OMC’s goals,” a release stated.

This informal public comment period is effective from now until its closing on March 29. During that time, OMC will release draft chapters of the regulations at this website 

The website featured the following link to proposed regulations, along with a proposed timetable that would lead to licenses for the sale of recreational marijuana in March 2025.

The office will navigate a complex law that includes carve-outs for small businesses and applicants who were previously charged for possession of cannabis but will be eligible to apply.

The timetable has drawn fire from medical marijuana interests who say the long timeline will allow illegal marijuana sellers to become more entrenched and not that they already have a grow and retail system in place. Legalization advocates say the process is necessary to keep the industry from being dominated by “corporate marijuana.”

“It is important to note that these preliminary, draft regulations are dependent on proposed legislative changes currently under consideration by members of the General Assembly, and the regulations may have to be adjusted based on legislative action. The draft regulations presented in this informal process are a preview of the direction that the OMC is taking in the development of the formal regulations,” the release stated.

Once the feedback has been collected, considered, and appropriate revisions are made in response to that feedback, the OMC will begin the rulemaking process, the release disclosed.

The publication of official proposed regulations is the start of the formal public comment period. OMC will announce the timing of the formal public comment period and provide key dates on the website as details become available. The target date for the formal public comment period in the Register of Regulations is May 1 through May 31.

The sections of draft regulations ncludes those applicable to the licensing of adult-use recreational marijuana businesses, the application process, the issuance of licenses, and the processes regarding the renewal and transfer of licenses.