2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter III. Regulation and Licensure › § 1331. Regulations.

§ 1331. Regulations.
The Commissioner shall adopt regulations necessary for implementation of this chapter. The regulations may not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unreasonably impracticable. Regulations and fees for marijuana cultivation facilities may be varied based on the size of the facility to ensure that the operation of smaller facilities is not made unreasonably impracticable. The Commissioner shall include all of the following in the regulations:
(1) Procedures for the issuance, renewal, suspension, transfer, and revocation of a license to operate a marijuana establishment with all procedures subject to the Administrative Procedures Act, Chapter 101 of Title 29.
(2) A competitive scoring process to determine which applicants may obtain licenses to operate each type of marijuana establishment if more qualified applicants apply than the Commissioner may license under this subchapter and that ensures applicants will follow best practices for community engagement, consumer protection, food safety, worker safety, family support jobs, diversity, public safety, and environmental stewardship. The competitive scoring process for retail marijuana stores must be varied to account for geographic distribution or population density, or both.
(3) The criteria for the competitive scoring process for all license types must include the following:
a. The applicants comprehensive business plan, including an annual budget and pro forma financial statements.
b. The experience, training, and expertise of the applicant and managing officers.
c. The applicant's plans for safety, security, and the prevention of diversion.
d. The applicant's plans for operations, training, and staffing, including all of the following:
1. A social responsibility plan outlining diversity goals, including plans to recruit and hire people of color, women, and veterans and to support their ownership and promotion within the organization, as well as the percentage of employees it plans to hire from within the respective city or region of the State.
2. A plan to provide a safe, healthy, and economically beneficial working environment with fair scheduling practices, family-supporting wages, and benefits for its employees.
3. Any criminal, civil, or regulatory history encountered by other entities the applicant and managing officers have previously controlled or managed.
4. The suitability of the proposed location for the facilities.
5. Any other criteria deemed appropriate by the Commissioner.
(4) The criteria for the competitive scoring process for open license types must include the following:
a. The applicant's submission of an attestation signed by a bona fide labor organization stating that the applicant has entered into a labor peace agreement with such bona fide labor organization.
b. For applications for marijuana cultivation facility license and marijuana product manufacturing facility license only, an environment and sustainability plan, including efforts it will take to minimize the environmental impact, and resources needs of its facilities and other business operations, such as plans to minimize water usage, employing organic cultivation methods, and adoption of other sustainable business practices.
(5) Except as provided in part C of this subchapter, a nonrefundable $5,000 application fee for all marijuana establishments that the Commissioner may adjust annually for inflation.
(6) Qualifications for licensure that are directly and demonstrably related to the operation of a marijuana establishment.
(7) Procedures for how establishments licensed under this chapter must track marijuana from seed to sale.
(8) Security requirements for marijuana establishments, including lighting, physical security, video, and alarm requirements.
(9) Requirements for the transportation and storage of marijuana and marijuana products by marijuana establishments.
(10) Employment and training requirements for licensees, employees, and agents of marijuana establishments, including the following:
a. That each marijuana establishment create an identification badge for each employee or agent.
b. That employees of retail marijuana store establishments be trained in recognizing valid identification cards.
(11) Requirements to prevent the sale or diversion of marijuana and marijuana products to individuals under the age of 21. To protect individual privacy, the Commissioner may not require a consumer to provide a retail marijuana store with personal information other than government-issued identification to determine the consumer's age and a retail marijuana store may not be required to acquire and record personal information about consumers.
(12) Standards for marijuana product manufacturers to use so that consumers can determine the amount of marijuana in each product and compare the amount of marijuana in different products based upon the standard measurements, including a definition of the amount of delta-9 tetrahydrocannabinol that constitutes a single serving in a marijuana product.
(13) Requirements for marijuana and marijuana products sold or distributed by marijuana establishments, including information for consumers and labeling requirements for marijuana products that include all of the following:
a. The length of time it typically takes for a product to take effect.
b. The amount of marijuana in the product using the standard established in this section, not to exceed 10 mg per serving.
c. The serving size and the number of servings in each package, not to exceed 10 servings.
d. Ingredients and possible allergens.
e. A nutritional fact panel.
f. The requirement that information on the packaging may not mislead consumers.
g. The specific batch number of the product.
h. Educational information for consumers to educate consumers, including evidence-based information about how to interpret the information on the label, health effects, and potential interactions with prescription and nonprescription medications.
i. Opaque, resealable, and continually child-resistant packaging, which must be designed or constructed to be significantly difficult for children under 5 years of age to open and not difficult for an adult to use properly as defined by 16 C.F.R. § 1700.20.
j. A standard symbol indicating edible marijuana products contain marijuana so that marijuana products are clearly identifiable.
k. A warning label that explains evidence-based harms from consuming marijuana, including the impact on developing brains, the impact on an individual's ability to operate machinery, the impact on pregnant and breastfeeding women, and any interference with prescription drugs.
l. A label that indicates the product is not for children.
m. All required information must be in typed, legible font that is easy to read, is unobstructed and conspicuous, and contrasts sufficiently with the background. The information must be in English, but may also include translations in additional languages.
(14) Health and safety regulations and standards for the manufacture of marijuana products by marijuana establishments consistent with other Delaware requirements for food, including all of the following:
a. Prohibition of the manufacture of products that look like candy or cartoon characters.
b. Restrictions or prohibitions on additives to marijuana and marijuana-infused products, including additives that are toxic, designed to make the product more addictive, or designed to make the product more appealing to children, but not including common baking and cooking items.
c. Standards for the safe manufacture of marijuana extracts and concentrates.
d. Requirements for random sample testing, including the manner and frequency of testing, to ensure quality control, including by ensuring that marijuana and marijuana-infused products are accurately labeled for potency. The testing analysis must include testing for:
residual solvents, poisons, or toxins; harmful chemicals; dangerous molds or mildew; filth; harmful microbials such as E. coli or salmonella; and pesticides.
(15) Restrictions on the advertising, marketing, and signage of marijuana and marijuana products, including a prohibition on mass-market campaigns that have a high likelihood of reaching minors.
(16) Restrictions on the display of marijuana and marijuana products, including requirements that marijuana and marijuana products may not be displayed in a manner that is visible to the general public from a public right-of-way.
(17) Requirements governing visits to cultivation facilities and product manufacturers, including the requirement that these marijuana establishment log visitors.
(18) Requirements that educational materials be disseminated to consumers who purchase marijuana-infused products.
(19) Standards for the operation of marijuana testing facilities, including requirements for equipment and qualifications for personnel, which shall be based upon international standard ISO/IEC 17025. Marijuana testing facilities shall achieve and maintain accreditation to ISO/IEC 17025 by an International Laboratory Accreditation Corporation recognized accreditation body. The marijuana testing facilities shall achieve and maintain accreditation within the first applicable licensing period.
(20) Civil penalties for the failure to comply with regulations made under this chapter.
(21) Procedures for receiving and processing consumer complaints about marijuana establishments.
84 Del. Laws, c. 24, § 4;