2025 Delaware Code
Title 4 - Alcoholic Liquors and Marijuana
Chapter 13. The Delaware Marijuana Control Act
Subchapter III. Regulation and Licensure
§ 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(b) [Repealed.]
(c) 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. 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 conditional licenses for product manufacturing facilities, 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 conditional 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.
