Del. Code tit. 4 § 1343

Current through 2024 Legislative Session Act Chapter 531
Section 1343 - Licensing process
(a) Beginning September 1, 2024, the Commissioner may begin accepting applications for all licenses, including open, social equity, and microbusiness licenses.
(b) Beginning November 1, 2024, the Commissioner shall issue the following number of conditional licenses for cultivation facilities, 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. 20 microbusiness licenses.
b. 10 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. 20 open licenses.
b. 10 social equity licenses.
(c) Beginning December 1, 2024, the Commissioner shall issue the following number of conditional licenses for product manufacturing facilities, provided a sufficient number of qualified applicants exist:
(1) 10 open licenses.
(2) 10 social equity licenses.
(3) 10 microbusiness licenses.
(d) Beginning March 1, 2025, the Commissioner shall issue the following number of conditional licenses, provided a sufficient number of qualified applicants exist:
(1) Retail store licenses:
a. 15 open licenses.
b. 15 social equity licenses.
(2) Testing facility licenses:
a. 3 open licenses.
b. 2 social equity licenses.
(e) 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.
(f) 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.

4 Del. C. § 1343

Amended by Laws 2023, ch. 301,s 13, eff. 7/17/2024.
Added by Laws 2023 , ch. 24, s 4.
Section 15 of the enacting legislation provides that this section takes effect upon the later of the following: (a) Publication in the Register of Regulations of a notice by the Controller General that the funds required to implement this Act have been appropriated. (b) Upon enactment.