Delaware's marijuana regulator says a batch of legislative changes enacted this session will sharpen the state's cannabis rules, even though one of the measures became law only after lawmakers overrode a veto from the governor who appointed him.
The General Assembly this year passed bills letting terminally ill patients use medical cannabis inside healthcare facilities, creating a regulatory and tax structure for THC-infused beverages, and addressing local zoning limits on marijuana businesses.
"These legislative updates provide important clarity and structure as Delaware continues to build a responsible and effective marijuana program," Marijuana Commissioner Joshua Sanderlin said in a Thursday press release. "The Office appreciates the work of legislators, stakeholders, and members of the public who contributed to these efforts and looks forward to implementing these changes in a way that supports public safety, regulatory consistency, and transparency."
Gov. Matt Meyer (D) signed the hospital-use bill in May. Under it, patients and caregivers must obtain and administer the medical cannabis themselves, store it securely in a locked container, and avoid smoking or vaping it on-site. Facilities can bar use if it would adversely affect treatment, and can suspend permission if a federal agency such as the Justice Department or Centers for Medicare and Medicaid Services takes enforcement action or issues guidance prohibiting medical marijuana in health facilities.
Earlier this month, legislators overrode Meyer's veto of a bill barring local governments from imposing overly restrictive zoning on cannabis businesses. A related measure clarifies that spacing requirements apply only to retail dispensaries, freeing cultivation, manufacturing and testing operations from those limits. Some lawmakers say Meyer had sided with county governments in ways that constrained the industry's growth.
The THC-beverage regulatory framework bill has not yet reached the governor's desk.
"These measures represent important progress in ensuring Delaware's marijuana program continues to operate with clear standards and appropriate oversight," Sanderlin said. "The Office of the Marijuana Commissioner remains committed to implementing these laws effectively and supporting a safe, transparent, and well-regulated industry."
A House committee also advanced a bill decriminalizing public marijuana consumption, but it stalled. Delaware's current penalty, unlike some states such as Colorado and Ohio, can include jail time plus a fine.
Delaware's adult-use market opened last August, generating nearly $1 million in combined medical and recreational sales its first weekend, two years after legalization was signed by former Gov. John Carney (D). Launch was delayed from a projected March start due to an FBI fingerprint background-check code issue, resolved after lawmakers passed corrective legislation and the FBI issued the code. Critics have said letting existing medical operators sell first was unfair to other license holders still awaiting approval.
