2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter I. General Provisions › § 1302. Definitions.

§ 1302. Definitions.
As used in this chapter:
(1) “Appeals Commission” means 3 persons, 1 from each county, appointed by the Governor with the advice and consent of the majority of the Senate.
(2) “Commissioner” means the person appointed by the Governor and confirmed by the Senate who serves as the Marijuana Commissioner for the State.
(3) “Compassion center” means an entity registered as a compassion center under § 4914A of Title 16.
(4) “Consumer” means an individual 21 years of age or older who purchases marijuana, marijuana products, or marijuana accessories for personal use by the individual or other individuals 21 years of age or older, but not for resale to others.
(5) “Department” means the Department of Safety and Homeland Security.
(6) “Disproportionately-impacted area” means census tracts identified by the Commissioner in collaboration with state and local agencies that have high rates of arrest, conviction, and incarceration relating to the sale, possession, use, cultivation, manufacture, or transport of marijuana.
(7) “Division” means the Division of Alcohol and Tobacco Enforcement.
(8) “Immature plant” means a nonflowering marijuana plant:
no taller than 8 inches and no wider than 8 inches; that is produced from a cutting, clipping, or seedling; is in a cultivating container; and which does not have buds that may be observed by visual examination.
(9) “Labor peace agreement” means an agreement between a licensee and any bona fide labor organization that prohibits labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the licensee's business. This agreement means that the licensee has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the licensee's employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the licensee's employees work, for the purpose of meeting with employees to discuss the employees' right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.
(10) “License” means any license or permit to cultivate, possess, manufacture, sell, transport, or test marijuana or marijuana products and accessories authorized or issued by the Commissioner under this chapter.
(11) “Marijuana” means as defined in § 4701 of Title 16.
(12) “Marijuana accessories” means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana; or for ingesting, inhaling, or otherwise introducing marijuana into the human body.
(13) “Marijuana cultivation facility” or “cultivation facility” means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. A marijuana cultivation facility may not produce marijuana concentrates, tinctures, extracts, or other marijuana products.
(14) “Marijuana establishment” means an entity licensed as a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store.
(15) “Marijuana product manufacturing facility” means an entity licensed to:
purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and retail marijuana stores, but not to consumers.
(16) “Marijuana products” means products that are comprised of marijuana, including concentrated marijuana, and other ingredients and are intended for use or consumption, such as edible products, ointments, and tinctures.
(17) “Marijuana testing facility” means an entity licensed to test marijuana for potency and contaminants.
(18) “Microbusiness license” means a license issued pursuant to part C of subchapter III of this chapter which includes any of the following:
a. Marijuana cultivation facility license.
b. Marijuana product manufacturing license.
(19) “Open license” means a license issued pursuant to part B of subchapter III of this chapter that is not a social equity license or microbusiness license which includes all of the following:
a. Retail marijuana store license
b. Marijuana testing facility license.
c. Marijuana cultivation facility license.
d. Marijuana product manufacturing license.
(20) “Person” means as defined in § 302 of Title 1.
(21) “Personal use quantity” means as defined in § 4701 of Title 16.
(22) “Possession limit” means the amount of marijuana that may legally be possessed at any 1 time by an individual 21 years of age or older who is not a registered qualifying patient or a registered designated caregiver under Chapter 49A of Title 16.
(23) “Public place” means any indoor or outdoor area or portion thereof generally accessible to the public.
(24) “Retail marijuana” means “marijuana”, as defined in § 4701 of Title 16, that is cultivated, manufactured, distributed, or sold by a licensed marijuana establishment.
(25) “Retail marijuana store” means an entity licensed to purchase marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana products from marijuana product manufacturing facilities; and to sell marijuana and marijuana products to consumers.
(26) “Smoking” means both of the following:
a. The burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains marijuana.
b. The use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form.
(27) “Social equity license” means a license issued pursuant to part C of subchapter III of this chapter for any of the following:
a. Retail marijuana store license.
b. Marijuana testing facility license.
c. Marijuana cultivation facility license.
d. Marijuana product manufacturing license.
(28) “Unreasonably impracticable” means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset that the operation of a marijuana establishment is not worthy of being carried out in practice by a reasonably-prudent businessperson.
(29) “Work” means as defined in § 3302 of Title 19.
84 Del. Laws, c. 24, § 4;