reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter I. General Provisions › § 1308. Unlawful marijuana extraction, penalties; class G felony.

§ 1308. Unlawful marijuana extraction, penalties; class G felony.
(a) It is unlawful for a person, other than a marijuana product manufacturer complying with this chapter and department regulations, to extract compounds from marijuana using solvents other than water, glycerin, propylene glycol, vegetable oil, or food grade ethanol (ethyl alcohol).
(b) It is unlawful for a person to extract compounds from marijuana using ethanol in the presence or vicinity of open flame.
(c) Violation of this section is a class G felony.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter I. General Provisions › § 1311. Contracts enforceable.

§ 1311. Contracts enforceable.
Contracts related to the operation of a marijuana establishment licensed under this chapter are enforceable. A contract entered into by a licensed marijuana establishment or its employees or agents as permitted under a valid license, or by those who allow property to be used by a licensed marijuana establishment, its employees, or its agents as permitted under a valid license, is not unenforceable on the basis that cultivating, obtaining, manufacturing, distributing, dispensing, transporting, selling, possessing, or using marijuana is prohibited by federal law.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter I. General Provisions › § 1312. Verifying the age of marijuana consumers.

§ 1312. Verifying the age of marijuana consumers.
(a) Whoever sells any marijuana to a person who has not reached the age of 21 years, or sells to any person of more than such age any marijuana knowing that such marijuana is bought for a person who is less than 21 years of age shall be subject to a civil penalty not less than $250 nor more than $500.
(b) In any enforcement action under this section, it is an affirmative defense that the individual who is under 21 years old presented identification, with a photograph of such individual affixed thereon, to the accused and the identification set forth information which would lead a reasonable person to believe such individual was 21 years old or older.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter I. General Provisions › § 1313. Medical marijuana provision not affected.

§ 1313. Medical marijuana provision not affected.
Nothing in this chapter may be construed to limit any privileges or rights of a medical marijuana patient, primary caregiver, or medical marijuana compassion center under the Delaware Medical Marijuana Act, Chapter 49A of Title 16.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter I. General Provisions › § 1315. Protections for conduct authorized by this chapter.

§ 1315. Protections for conduct authorized by this chapter.
(a) A public officer or employee of the State, including the members of any board, commission, conservation district or agency of the State, whether elected or appointed, and whether now or previously serving as such, and any contractor or volunteer performing work for the State, whose job functions include, assist, support, regulate, approve, or authorize any of the conduct authorized by this chapter are not subject to arrest, prosecution, or the denial of any right or privilege, including any criminal or civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau where the conduct of the public officer or employee, contractor, or volunteer meets all of the following:
(1) The conduct arises out of or relates to activities required or authorized by this chapter.
(2) The conduct was carried out as authorized by this chapter or regulations authorized by this chapter.
(3) The conduct was carried out in good faith.
(b) A public officer or employee of the State, including the members of any board, commission, conservation district or agency of the State, whether elected or appointed, and whether now or previously serving as such, and any contractor or volunteer performing work for the State, whose job functions include, assist, support, regulate, approve, or authorize any of the conduct authorized by this chapter is entitled to the same rights and privileges set forth in §§ 3925 and 4002 of Title 10.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter II. Marijuana Commissioner and Appeals Commission › § 1321. Marijuana Commissioner; Appeals Commission; qualifications; appointment; term; compensation.

§ 1321. Marijuana Commissioner; Appeals Commission; qualifications; appointment; term; compensation.
(a) The Commissioner must be a resident of this State and suitably educated and experienced to carry out the duties and responsibilities set forth in this chapter.
(b) The Commissioner and the 3 members of the Appeals Commission, consisting of 1 member from each county, shall be appointed by the Governor and confirmed by a majority of the members elected to the Senate and shall serve at the pleasure of the Governor. The Governor shall make initial nominations for the Commissioner and the 3 members of the Appeals Commission by October 30, 2023.
(c) The Commissioner may name a Deputy Commissioner. The Commissioner may, during an absence from the State, appoint the Deputy Commissioner to serve as Acting Commissioner during such absence. In the event of death, resignation, temporary incapacity, or removal of the Commissioner, and prior to the appointment of a successor, the Governor may appoint the Deputy Commissioner, or such other person as deemed qualified by the Governor, to serve as Acting Commissioner. The Acting Commissioner has all the powers and shall perform all the duties and functions of the Commissioner during the Commissioner's absence or incapacity or until a successor is qualified and appointed.
(d) The Commissioner is to be compensated as provided for in the annual Budget Act.
(e) The members of the Appeals Commission are to be compensated at the rate of $150 per meeting together with the reasonable expenses for no more than 12 meetings per year.
(f) The Appeals Commission shall meet and elect a chair who shall convene meetings of the Commission as frequently as needed to consider appeals of the Commissioner's decision.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter II. Marijuana Commissioner and Appeals Commission › § 1323. Oath of Office of Commissioner and employees.

§ 1323. Oath of Office of Commissioner and employees.
The Commissioner, members of the Appeals Commission, and any hearing officer shall, on entering office, take the oath or affirmation set forth in Article XIV of the Delaware Constitution. Any other employee may be required to take the oath or affirmation set forth in Article XIV of the Delaware Constitution at the discretion of the Secretary of the Department of Safety and Homeland Security.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter II. Marijuana Commissioner and Appeals Commission › § 1324. Conflict of interest.

§ 1324. Conflict of interest.
(a) The Commissioner, members of the Appeals Commission, and any hearing officer or such person's spouse, or such person's parent, or child residing at such person's residence, may not have a financial interest in any entity that sells, manufactures, cultivates, or uses marijuana; provided, however, such persons may invest in mutual funds or similar financial instruments that hold no more than a 10% interest in any such entity.
(b) Neither the Commissioner nor any person employed in the office of the Commissioner shall receive any commission or profit whatsoever from, or have any interest whatsoever in a business licensed under this chapter to cultivate, manufacture, purchase, or sell marijuana or marijuana products; provided, however, that nothing in this section shall prevent the Commissioner, a member of the Appeals Commission, a hearing officer, or an employee from purchasing and keeping marijuana or marijuana products for the personal use of one's self or members of one's family or one's guests if such purchase is otherwise permitted by this chapter.
(c) The Commissioner and the members of the Appeals Commission shall annually file the financial report required under § 5813 of Title 29 with the Public Integrity Commission.
84 Del. Laws, c. 24, § 4;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter II. Marijuana Commissioner and Appeals Commission › § 1325. Commissioner's statement of interest in marijuana business.

§ 1325. Commissioner's statement of interest in marijuana business.
When notified of appointment as Commissioner or to the Appeals Commission, the individual so notified shall furnish in duplicate and in writing to the Governor and to the President Pro Tempore of the Senate a statement of every interest, direct or indirect, and however small, held or owned by the individual as a member or as a stockholder in any partnership, corporation, or other association engaged in the sale or in the cultivation or manufacture of marijuana or marijuana products or in any undertaking, industry, or business in which marijuana or marijuana products are used or required. Prior to taking the oath of office, the Commissioner and members of the Appeals Commission must wholly and fully dispose of all interests, except those permitted by § 1324 of this title. One copy of the statement must be inserted in the permanent records of the office of the Commissioner open to public inspection.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter II. Marijuana Commissioner and Appeals Commission › § 1326. Employees of the Division; Commissioner [Effective upon fulfillment of the contingency in 84 Del. Laws, c. 24, § 15].

§ 1326. Employees of the Division; Commissioner [Effective upon fulfillment of the contingency in 84 Del. Laws, c. 24, § 15].
The Department of Safety and Homeland Security shall:
appoint, employ, or dismiss every officer or employee, not appointed by the Governor, necessary for carrying out the work of the Division, Appeals Commission, and Commissioner; establish salaries, subject to the annual appropriation in the Budget Act; and assign official titles and duties. The Department may engage the services of experts and persons engaged in the practice of a relevant profession. At the discretion of the Secretary of the Department of Safety and Homeland Security, officers and employees of the Division:
shall have the police powers of constables and other police officers of the State, counties, and other subdivisions of the State; shall be conservators of the peace throughout the State; shall be eligible for certification by the Police Officer Standards and Training Commission; and may suppress all acts of violence and enforce the provisions of this chapter.
84 Del. Laws, c. 24, § 4;  84 Del. Laws, c. 149, § 17;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter II. Marijuana Commissioner and Appeals Commission › § 1327. Property and profits of the office of the Commissioner.

§ 1327. Property and profits of the office of the Commissioner.
All property owned by the office of the Commissioner and all associated profits are the property of the State.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter III. Regulation and Licensure › § 1333. Marijuana testing facility licenses.

§ 1333. Marijuana testing facility licenses.
(a) A marijuana testing facility license may be issued to a person who performs testing and research on retail marijuana under the terms and conditions of this chapter. A license issued under this section is valid for 2 years. Each application for a marijuana testing facility license must contain all of the following:
(1) The application materials required by the Commissioner, including the location where the marijuana testing facility will operate.
(2) The application fee in an amount determined by the Commissioner.
(3) Materials required by § 1331(3) and (4) of this title.
(b) A marijuana testing facility licensee shall pay the Commissioner $10,000 biennially for the marijuana testing facility license. A marijuana testing facility licensee must renew the license biennially by paying the fee required by this subsection and by providing documentation of a labor peace agreement.
(c) The Commissioner shall promulgate rules related to:
acceptable testing and research practices, including testing, standards; quality control analysis; equipment certification and calibration; chemical identification; identifying other substances; and other measurers used in bona fide research methods.
(d) A person who has a financial interest in a marijuana testing facility license from the Commissioner for testing purposes may not have a financial interest in a registered compassion center, a marijuana cultivation facility, a marijuana products manufacturing facility, or a retail marijuana store. A person that has a financial interest in a registered compassion center, a marijuana cultivation facility, a marijuana products manufacturing facility, or a retail marijuana store may not have a financial interest in a facility that has a marijuana testing facility license or is a registered safety compliance facility.
(e) Marijuana or marijuana products may not be consumed on the premises of a marijuana testing facility.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter III. Regulation and Licensure › § 1336. Social equity applicant.

§ 1336. Social equity applicant.
A social equity applicant is a Delaware resident that meets 1 of the following criteria:
(1) An applicant for any type of license with at least 51% ownership and control by 1 or more individuals who have resided for at least 5 of the preceding 10 years in a disproportionately-impacted area.
(2) An applicant for any type of license with at least 51% ownership and control by 1 or more individuals who meets 1 of the following criteria:
a. Was convicted of or adjudicated delinquent for any marijuana-related offense except any of the following:
1. Delivery to a minor.
2. Any marijuana offense with a Tier 3 quantity of marijuana as defined in § 4751C of Title 16.
3. The functional equivalent of the offenses described in paragraph (2)a.1. or (2)a.2. of this section under the laws of the United States, any state or territory of the United States, or any other country.
b. Is married to or the child of a person who was convicted of or adjudicated delinquent for any marijuana-related offense.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter III. Regulation and Licensure › § 1337. Social equity application and fees.

§ 1337. Social equity application and fees.
(a) A social equity license issued under this part is valid for 2 years. Each application for a social equity license must contain all of the following:
(1) The application materials required by the Commissioner.
(2) The discounted application fee in the amount of $1,000.
(3) Materials required by § 1331(3) and (4) of this title.
(b) A social equity licensee shall pay the Commissioner biennially for the social equity license at a discounted rate of 40% of the applicable open license. A social equity licensee must renew the license biennially by paying the fee required by this subsection, providing confirmation that all of the criteria in § 1336 of this title are satisfied, and by providing documentation of a labor peace agreement.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter III. Regulation and Licensure › § 1338. Technical assistance.

§ 1338. Technical assistance.
The Commissioner shall develop a technical assistance program to aid social equity applicants in applying for a license and finding financial resources. The Commissioner may partner with the Division of Small Business to administer workshops to assist social equity applicants and licensees in applying for a license and operating a business.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter III. Regulation and Licensure › § 1340 . Microbusiness license.

§ 1340 . Microbusiness license.
A microbusiness applicant is an applicant for a marijuana cultivation facility license or a marijuana product manufacturing license who meets all the following criteria:
(1) 51% ownership and control by 1 or more individuals who have resided in Delaware for at least 5 of the preceding 10 years.
(2) Intends to employ no more than 10 employees.
(3) Will not operate a facility with a cannabis plant grow canopy area greater than 2500 square feet.
(4) Will not possess more than 1,000 marijuana plants each month.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter III. Regulation and Licensure › § 1341. Microbusiness application and fees.

§ 1341. Microbusiness application and fees.
(a) A microbusiness license issued under this part is valid for 2 years. Each application for a microbusiness license must contain all of the following:
(1) The application materials required by the Commissioner.
(2) The discounted application fee in the amount of $3,000.
(3) Materials required § 1331(3) and (4) of this title.
(b) A microbusiness licensee shall pay the Commissioner biennially for the microbusiness license at a discounted rate of 40% of the applicable open license. A microbusiness licensee must renew the license biennially by paying the fee required by this subsection and by providing confirmation that all of the criteria in § 1340 of this title are satisfied.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter III. Regulation and Licensure › § 1342. Conditional license.

§ 1342. Conditional license.
The Commissioner may grant a social equity or microbusiness applicant a conditional license under this section. Any applicant who receives a conditional license shall have 180 days from the date of the granting of the conditional license to identify a physical location for the location of the licensed premises. The proposed licensed premises must be approved by the Commissioner. If the applicant is unable to find a suitable physical address approved by the Commissioner within 180 days of issuance of the conditional license, the Commissioner may extend the period for finding a physical address for another 180 days if the conditional licensee demonstrates concrete attempts to secure a location and a hardship to securing the location. If the Commissioner denies the extension of the conditional license or the licensee is unable to find a physical address approved by the Commissioner within the additional 180 days, the Commissioner shall rescind the conditional license.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter III. Regulation and Licensure › § 1343. Licensing process.

§ 1343. Licensing process.
(a) Beginning September 1, 2024, the Commissioner shall begin accepting applications for all licenses, including open, social equity, and microbusiness licenses.
(b) Beginning October 1, 2024, the Commissioner shall begin issuing licenses.
(c) Beginning November 1, 2024, the Commissioner shall issue the following number of cultivation facility licenses provided a sufficient number of qualified applicants exist:
(1) Indoor facility with a cannabis plant grow canopy area less than or equal to 2500 square feet or an outdoor facility with a cannabis plant grow canopy area less than or equal to 1 acre:
a. Twenty microbusiness licenses.
b. Ten social equity licenses.
(2) Indoor facility with a cannabis plant grow canopy area greater than 2500 square feet or an outdoor facility with a cannabis plant grow canopy area greater than 1 acre:
a. Twenty open licenses.
b. Ten social equity licenses.
(d) Beginning December 1, 2024, the Commissioner shall issue the following number of product manufacturing facility licenses provided a sufficient number of qualified applicants exist:
(1) Ten open licenses.
(2) Ten social equity licenses.
(3) Ten microbusiness licenses.
(e) Beginning March 1, 2025, the Commissioner shall issue the following number of licenses provided a sufficient number of qualified applicants exist:
(1) Retail store licenses:
a. Fifteen open licenses.
b. Fifteen social equity licenses.
(2) Testing facility licenses:
a. Three open licenses.
b. Two social equity licenses.
(f) Impossibility of performance because of opposition by localities or lack of qualified applications is a defense to any lawsuit brought against the Commissioner to comply with the issuance of the required number of licenses.
(g) At any time after August 1, 2025, the Commissioner may accept applications for any type of license and issue licenses in excess of the numbers identified in this section for any of the following reasons:
(1) The Commissioner determines that additional stores or facilities are needed.
(2) The number of licenses for a particular type of license is less than the number permitted for that type of license in this section.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter IV. Determination of Applications › § 1351. Local control.

§ 1351. Local control.
(a) A municipality may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or through an initiated or referred measure.
(b) A municipality or county may enact ordinances or regulations that are not in conflict with this chapter or in conflict with regulations enacted by the Commissioner, governing the time, place, manner, and number of marijuana establishment operations. A municipality or county may establish civil penalties for violation of an ordinance or regulations governing the time, place, and manner that a marijuana establishment may operate in such municipality or county.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter IV. Determination of Applications › § 1353. Decision upon application for renewal of license; time of making.

§ 1353. Decision upon application for renewal of license; time of making.
On or before the first day of the month preceding the biennial expiration date of a license, the Commissioner shall render a decision upon every application properly and completely made to it on or before the first day of the third month preceding the biennial expiration date of a license.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter IV. Determination of Applications › § 1355. Finality of Commissioner's decision refusing license.

§ 1355. Finality of Commissioner's decision refusing license.
If an application is not timely protested, but the Commissioner determines that the application should nevertheless be denied, the Commissioner shall render the decision promptly in writing. The Commissioner's decision shall be final and conclusive unless, within 30 days after notice thereof has been mailed by the Commissioner's office, the applicant files an appeal in the office of the Commissioner. The appeal shall follow the procedure outlined in § 1362 of this title.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter IV. Determination of Applications › § 1356. Improvements to premises.

§ 1356. Improvements to premises.
The Commissioner may not require an applicant to make improvements to the premises before the issuance of a license; however, the Commissioner may issue a license to sell marijuana, marijuana products, or marijuana accessories upon the condition that certain improvements shall be made to the premises.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter V. Cancellation or Suspension of License › § 1362. Public hearing and right of appeal.

§ 1362. Public hearing and right of appeal.
(a) The Commissioner may not cancel or suspend a license, or fine a licensee, before both of the following occur:
(1) The licensee has been given a public hearing by the Commissioner at which time the licensee is entitled to legal representation and to present witnesses.
(2) The ground for canceling or suspending a license is established by clear and convincing evidence.
(b) The Commissioner shall keep a full and complete record of all proceedings incident to a hearing under subsection (a) of this section. The Commissioner shall record all testimony at such hearing, but need not have it transcribed unless an order of the Commissioner is appealed to the Superior Court under subsection (c) of this section.
(c) An order of the Commissioner relative to suspension or cancellation of a license, or fining a licensee, becomes final 10 days after the licensee receives notice thereof, unless, within 10 days of the date of the postmark on the Commissioner's decision, a written appeal is filed in the Superior Court. No bond may be required for filing such appeal.
(d) The appeal must state the grounds upon which a review is sought. After the appeal is filed, service shall be made by the sheriff upon the Commissioner. The Commissioner shall certify and file with the court all documents and papers and a transcript of all testimony taken in the matter, together with the Commissioner's findings therein as soon as practicable but in no event later than 20 calendar days from the date of service of the appeal. The Superior Court's review of an appeal shall be on the record and the Superior Court shall take into account the experience and specialized competence of the Commissioner and the purpose under which the Commissioner acted. Further, the Superior Court's review, in the absence of fraud, shall be limited to whether the Commissioner's decision is supported by substantial evidence on the record and is free from legal error.
(e) An appeal without bond may be taken from the decision of the Superior Court to the Supreme Court in the same manner as is provided in civil cases. Upon the final determination of judicial proceedings, the Commissioner shall enter an order in accordance with such determination, or shall take such further or other action as the Court may order. A petition for Supreme Court review shall act as a supersedeas.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter V. Cancellation or Suspension of License › § 1363. Effect of cancellation or surrender of license; notice.

§ 1363. Effect of cancellation or surrender of license; notice.
(a) The cancellation or acceptance of a surrender of a license entails the loss of the privilege conferred by the license and entails the acceptance of or the seizure by the Commissioner of any marijuana or marijuana products found in the possession of the licensee, except those which occur solely by reason of the death of the licensee.
(b) Notice of the order of the cancellation or acceptance of the surrender of a license may be served by an officer designated by the Commissioner:
by affixing a duplicate thereof to the outside of the entrance door of the licensed premises; by leaving a duplicate with the holder of the license, or with any member of the family of the holder over the age of 18 years at the residence of the holder; or otherwise as in the judgment of the Commissioner will give notice of such cancellation or acceptance of the surrender. All cancellations or acceptances of surrender of a license take effect as soon as the order is served.
(c) The cancellation or acceptance of surrender of a license does not prevent the filing of any criminal proceedings for any offense against the licensee while the license was in force. No conviction obtained for any offense prevents the Commissioner from cancelling a license or from making at the same time a seizure of marijuana or marijuana products as provided in this title.
(d) The Commissioner shall adopt regulations for seizure of marijuana and marijuana products that preserves and does not destroy the marijuana or marijuana products.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter V. Cancellation or Suspension of License › § 1364. Payments to former licensee.

§ 1364. Payments to former licensee.
The Commissioner shall, within 30 days of the date of the cancellation or acceptance of surrender of a license, remit to the former licensee a part of the license fee which has been paid and pertains to the unexpired term of the license. In addition, the Commissioner shall remit to the former licensee the amount originally received by the Commissioner from the former licensee in payment for such marijuana or marijuana products accepted or seized as remains in packages sealed by the Commissioner, after paying or deducting therefrom all reasonable costs and expenses incurred by the Commissioner by reason of the acceptance or seizure of the marijuana or marijuana products of the former licensee. When other legally-acquired marijuana or marijuana products have been accepted or seized under this section, the fair market value thereof as determined by the Commissioner must be remitted by the Commissioner to the former licensee, after paying or deducting therefrom all reasonable costs and expenses incurred by the Commissioner by reason of the acceptance or seizure of the marijuana or marijuana products of the former licensee. No payment may be made for illegally-acquired marijuana or marijuana products that have been seized under this section.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter VI. Transfer of License; Death of Licensee › § 1366. Transfer of license.

§ 1366. Transfer of license.
(a) The rights conferred by a license may be transferred by the Commissioner to any representative designated by the person to whom or on behalf of whom the license was originally granted, if such representative is a person approved by the Commissioner. In the case of death of a licensee, the Commissioner may transfer the license to a qualified person recommended by the executor or administrator of the estate of the deceased licensee.
(b) In instances where the Commissioner has approved the transfer of a license, all matters concerning marijuana inventories must be handled directly between the transferor and the transferee and all payments must be made directly and not through the Commissioner.
(c) A social equity or microbusiness license may not be transferred to a person who would not meet the criteria for the issuance of an original social equity or microbusiness license.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter VI. Transfer of License; Death of Licensee › § 1367. Death of licensee; payments to licensee's estate.

§ 1367. Death of licensee; payments to licensee's estate.
If any licensee dies and no application is made for transfer of the license, or the Commissioner refuses to permit the transfer of the license to another person, the Commissioner shall return to the legal representative of such deceased licensee a share of the license fee received by the Department proportionate to the number of full calendar months of the unexpired term. If the marijuana or marijuana products in possession of the licensee at the time of the licensee's death are delivered to the Commissioner and the Commissioner ascertains that such marijuana or marijuana products have been received by the deceased licensee according to law, the Commissioner must pay to the legal representative the amount originally received by the Commissioner for such marijuana or marijuana products less 10% thereof, or the appraised value less 10% thereof.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter VII. Owner and Financial Interests of Licensee › § 1371. Commissioner approval.

§ 1371. Commissioner approval.
The commissioner may refuse approval of changes in the ownership, officers, or directors, financial interest, or lease in connection with any license. No such change shall be implemented until reported to and approved by the Commissioner.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter VII. Owner and Financial Interests of Licensee › § 1372. Change in ownership.

§ 1372. Change in ownership.
(a) In order to change ownership of a license, all of the following must be filed with the Commissioner on behalf of the new owner or owners:
(1) An application.
(2) A financial statement of the new owner or owners.
(3) Personal financial statements of all individuals, partners, or stockholders holding at least 10% of the corporate stock.
(4) A copy of the agreement of the terms of the sale or other exchange of financial interest, including stock distribution.
(5) Copy of all documents explaining interest and profit/loss distribution.
(6) Any application fee required by the Commissioner.
(7) Any other documents requested by the Commissioner.
(b) A change in ownership includes a change in the entire ownership, change in the partial ownership, or the sale or exchange of shares of stock by stockholders.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter VII. Owner and Financial Interests of Licensee › § 1373. Change in officers or directors.

§ 1373. Change in officers or directors.
A person elected as an officer or director of a licensee must notify the Commissioner within 7 days of the election and provide all information requested by the Commissioner.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter VII. Owner and Financial Interests of Licensee › § 1374. Changes in financial interest.

§ 1374. Changes in financial interest.
No person may obtain a financial interest in a license or licensee without doing all of the following:
(1) Notifying the Commissioner.
(2) Providing all information and documents requested by the Commissioner.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter VII. Owner and Financial Interests of Licensee › § 1375. Fees.

§ 1375. Fees.
If there is a change in ownership or financial interest more than 10%, a fee of $5,000 or 15% of the value of the transaction, whichever is higher, is required.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter VIII. Marijuana Regulation Fund; Taxes › § 1381. Marijuana Regulation Fund; Justice Reinvestment Fund.

§ 1381. Marijuana Regulation Fund; Justice Reinvestment Fund.
(a) The Marijuana Regulation Fund is established as a special fund of the State consisting of fees collected, civil penalties imposed under this chapter, and a portion of taxes imposed under this subchapter. The Office of the State Treasurer shall administer the Fund.
(b) The Justice Reinvestment Fund is established as a special fund of the State consisting of a portion of taxes imposed under this subchapter as set forth in § 1386 of this title.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter VIII. Marijuana Regulation Fund; Taxes › § 1382. Levy and rate of marijuana tax; collection.

§ 1382. Levy and rate of marijuana tax; collection.
(a) A tax is imposed on the retail sale of marijuana products under this chapter in this State. This tax is not imposed on the sale of medical marijuana products under Chapter 49A of Title 16.
(b) The tax imposed under this section is at the rate of 15% of the retail sales price of the marijuana product.
(c) If the tax imposed under this section does not equal an amount calculable to a whole cent, the tax shall be equal to the next higher whole cent.
(d) The amount of tax shall be separately stated on an invoice, receipt, or other similar document, in the manner directed by the Director of Revenue, that the marijuana retailer provides to the consumer at the time the retail sale occurs.
(e) A person may not knowingly sell, purchase, install, transfer, or possess electronic devices or software programs for the purposes of either of the following:
(1) Hiding or removing records of retail sales of marijuana products.
(2) Falsifying records of retail sales of marijuana products.
(f) A marijuana retailer may not discount a marijuana item or offer a marijuana item for free if the retail sale of the marijuana item is made in conjunction with the retail sale of any other item.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter VIII. Marijuana Regulation Fund; Taxes › § 1383. Collection and administration of the marijuana tax; mandatory reports; preemption.

§ 1383. Collection and administration of the marijuana tax; mandatory reports; preemption.
(a) The marijuana tax imposed on the consumer under § 1382 of this title shall be collected at the point of sale and remitted by each retail marijuana store licensee that engages in the retail sale of marijuana products. The marijuana tax is considered a tax upon the retail marijuana store licensee that is required to collect the tax, and the retail marijuana store licensee is considered a taxpayer.
(b) A retail marijuana store licensee shall file a monthly report to the Commissioner, the Division of Revenue, and the Division of Alcohol and Tobacco Enforcement.
(c) A retail marijuana store licensee shall pay the marijuana tax to the Division of Revenue in the form and manner prescribed by the Director of Revenue, but not later than with each monthly report.
(d) Except to the extent inconsistent with specific provisions of this chapter, the provisions of Chapter 5 of Title 30 shall govern the assessment, collection, review, and appeal of deficiencies of tax imposed by this title, and any interest and penalties thereon, and claims for refund of overpayment of taxes imposed by this chapter.
(e) The fees, charges, and taxes imposed by the State under this chapter shall be in lieu of all county and municipal license fees and taxes upon the business of selling, growing, and manufacturing marijuana as such. Provided, however, general occupational licenses fees and general taxes imposed uniformly on everyone within the class are not preempted.
(f) Any information set forth or disclosed in any report or return required under or as a result of this section, including any information which is required to be attached or included on any report or return required under or as a result of this section, is subject to the provisions of § 368 of Title 30.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter VIII. Marijuana Regulation Fund; Taxes › § 1384. Retention of records by retail marijuana store licensee; penalties.

§ 1384. Retention of records by retail marijuana store licensee; penalties.
(a) Each retail marijuana store licensee shall maintain and keep, for a period of 3 years, such records of marijuana products sold within this State by such retail marijuana store licensee, together with invoices, bills of lading, and other pertinent records and papers as may be required by the Commissioner for the reasonable administration of this chapter.
(b) A person who violates this section is subject to a civil penalty of up to $1,000 and may be charged the costs of an enforcement action.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter VIII. Marijuana Regulation Fund; Taxes › § 1385. Discontinuance, sale, or transfer of business by retail marijuana store licensee; penalties.

§ 1385. Discontinuance, sale, or transfer of business by retail marijuana store licensee; penalties.
(a) Whenever a person ceases to engage in business as retail marijuana store licensee within this State, all taxes, penalties, and interest under this chapter not yet due and payable under the provisions of this chapter shall, notwithstanding such provisions, become due and payable concurrently with the discontinuance, sale, or transfer, and the retail marijuana store licensee shall concurrently with such discontinuance, sale, or transfer make a report and pay all such taxes, interest, and penalties.
(b) If a retail marijuana store license is transferred under § 1366 of this title, the purchaser or transferee shall be liable to this State for the amount of all taxes, penalties, and interest under this chapter, accrued against any retail marijuana store licensee selling or transferring a business, on the date of such sale or transfer, but only to the extent of the value of the property and business thereby acquired from such distributor or retailer.
(c) A person who violates this section is subject to a civil penalty of not less than $50 nor more than $500.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter VIII. Marijuana Regulation Fund; Taxes › § 1386. Deposit of receipts.

§ 1386. Deposit of receipts.
(a) All money received by the Division of Revenue under this chapter shall be allocated as follows:
(1) All marijuana tax money and all money received through fees or other mechanisms must be deposited in accordance with § 6103(a) of Title 29 and credited to the Marijuana Regulation Fund.
(2) Each month, 7% of total marijuana tax money received from the preceding month shall be withdrawn from the Marijuana Regulation Fund and credited to the Justice Reinvestment Fund.
(b) The State Treasurer shall invest the Funds consistent with the investment policies established by the Cash Management Policy Board. The State Treasurer shall credit interest to the Funds on a monthly basis consistent with the rate established by the Cash Management Policy Board.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter VIII. Marijuana Regulation Fund; Taxes › § 1387. Appropriation of revenue.

§ 1387. Appropriation of revenue.
(a) The funds in the Marijuana Regulation Fund in each fiscal year must be appropriated by the General Assembly as follows:
(1) To the administrative costs and expenses of the Commissioner and the Division, including administrative expenses, including payroll and other employment costs.
(2) To the administrative costs and expenses of the Criminal Justice Council incurred to administer the Justice Reinvestment Fund.
(3) After the payment under paragraphs (a)(1) and (2) of this section, and the transfer to the Justice Reinvestment Fund set forth in § 1386(a)(2) of this title, any remainder may be appropriated as determined by the General Assembly.
(b) The funds in the Justice Reinvestment Fund in each fiscal year shall be appropriated to the Criminal Justice Council to administer grants, contracts, services, or initiatives that focus on any of the following:
(1) Restorative justice, jail diversion, workforce development, industry-specific technical assistance or mentoring services for economically-disadvantaged persons in disproportionately-impacted areas.
(2) Addressing the underlying causes of crime, reducing drug-related arrests, and reducing the prison population in this State.
(3) Creating or developing technology to assist with the restoration of civil rights and expungement of criminal records.
(4) Any remainder in the Fund at the end of a fiscal year is not subject to reversion.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter VIII. Marijuana Regulation Fund; Taxes › § 1388. Financial statements of the Commissioner.

§ 1388. Financial statements of the Commissioner.
The Commissioner shall render an account to the State Treasurer, in the manner and at the time required by the latter, of its receipts and disbursements, and of its assets and liabilities. The State Treasurer may not, however, require such reports to be rendered more often than quarterly.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter VIII. Marijuana Regulation Fund; Taxes › § 1389. Annual audit.

§ 1389. Annual audit.
The State Auditor of Accounts shall annually examine and audit the operation of the Office of the Commissioner.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 5 - Banking › Chapter 1. STATE BANK COMMISSIONER › Subchapter I. General Provisions › § 103. Deputies and other employees.

§ 103. Deputies and other employees.
(a) The State Bank Commissioner may appoint not more than 2 deputies and may employ such personnel as shall be necessary for making examinations of and giving adequate supervision over the corporations under the jurisdiction of the State Bank Commissioner. The Commissioner shall lend such aid and counsel to the officers and directors of those corporations as the situation or the circumstances may require, and in general, properly conduct the affairs of the Commissioner's office and discharge in a proper manner the duties imposed upon the Commissioner by law.
(b) The tenure, duties and compensation of the persons appointed or employed under subsection (a) of this section shall be determined by the State Bank Commissioner as provided by law, in a manner consistent with the Merit System of Personnel Administration, Chapter 59 of Title 29, where applicable.
(c) Upon the removal, resignation, death or disability of any person appointed or employed under subsection (a) of this section, the vacancy may be filled by the State Bank Commissioner.
30 Del. Laws, c. 111, §  2;  36 Del. Laws, c. 89, §  2;  38 Del. Laws, c. 92, §  1(2);  Code 1935, §  2275;  43 Del. Laws, c. 135, §  1;  48 Del. Laws, c. 225, §  1;  5 Del. C. 1953, §  103;  49 Del. Laws, c. 16;  57 Del. Laws, c. 740, §§  16B-16D;  61 Del. Laws, c. 385, §  1;  68 Del. Laws, c. 303, §§  3, 4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 1. STATE BANK COMMISSIONER › Subchapter I. General Provisions › § 104. Qualifications of Commissioner and employees.

§ 104. Qualifications of Commissioner and employees.
The Commissioner and the employees who work for the Commissioner shall be selected with respect to their knowledge of and experience in banking and accounting. The Commissioner shall be a resident of the State. The Commissioner and the employees who work for the Commissioner shall not be stockholders in any corporation coming under this title.
30 Del. Laws, c. 111, §  3;  38 Del. Laws, c. 92, §  1(3);  Code 1935, §  2276;  5 Del. C. 1953, §  104;  57 Del. Laws, c. 740, §§  16E, 16F;  61 Del. Laws, c. 359, §  1;  68 Del. Laws, c. 303, §  5;