2025 Delaware Code
Title 4 - Alcoholic Liquors and Marijuana
Chapter 13. The Delaware Marijuana Control Act
Subchapter VIII. Marijuana Regulation Fund; Taxes
§ 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 Department of Finance, Department of Health and Social Services, Department of Agriculture, and other agencies responsible for taxing and regulating personal use marijuana in Delaware. These departments shall submit a proposed expenditure plan for approval by the Commissioner, Controller General, and Director of the Office of Management and Budget prior to the expenditure of these funds.
(3) To the administrative costs and expenses of the Criminal Justice Council incurred to administer the Justice Reinvestment Fund.
(4) The maximum unencumbered balance which shall remain in the Marijuana Regulation Fund at the end of any fiscal year shall not exceed $5,000,000.
(5) After the payment under paragraphs (a)(2) and (3) of this section, the transfer to the Justice Reinvestment Fund set forth in § 1386(a)(2) of this title, and the maximum unencumbered balance set forth under paragraph (a)(4) of this section, any remainder shall be deposited to the General Fund.
(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) Supporting social equity applicants with select business-related expenses.
(5) Supporting or providing reentry services for justice-involved individuals.
(6) Any remainder in the Fund at the end of a fiscal year is not subject to reversion.
