The Delaware Marijuana Control Act regulates and taxes marijuana in the same manner as alcohol. It allows adults over the age of 21 to legally possess and consume under 1 ounce of marijuana for personal use. It does not permit people to grow their own marijuana. Section 1: Amends Chapter 47 of Title 16 to provide that the offenses and penalties under Uniform Controlled Substances Act do not apply to marijuana-related conduct allowed under the Delaware Marijuana Control Act or the Delaware Medical Marijuana Act, Chapter 49A of Title 16. Section 2: Amends § 4764 of Title 16 to eliminate any penalty for possessing 1 ounce or less of marijuana for individuals over the age of 21 but maintains the existing civil penalty for possession of 1 ounce or less for adults age 18 to 21. Section 3: Amends § 4902A of Title 16 so that the definition of a registered safety compliance facility includes not just marijuana produced for medical use but also marijuana produced under the Delaware Marijuana Control Act. Section 4: Amends § Chapter 4 of Title 4 to expand DATE’s duties and powers to the Delaware Marijuana Control Act. Section 5: This Act creates the Delaware Marijuana Control Act. Subchapter I contains definitions and general provisions. Where definitions or analogous provisions exist in the Delaware Code, the definitions are referenced and the language from existing statutes is used. This section of the Act permits individuals over age 21 to possess, use, purchase, or transport 1 ounce (28 grams) or less of marijuana, no more than 5 grams of which may be concentrated, by individuals 21 years of age or older if the individuals are in compliance with this chapter. It permits the operation of marijuana businesses if they operate under licenses granted under Chapter 49A of Title 16, but imposes the same limits on hours and holiday sales as apply to sales of alcohol. It prohibits the use of marijuana in public, by drivers or passengers in vehicles, and prohibits the smoking of marijuana anywhere that smoking tobacco or ecigarettes is not permitted. Marijuana may not be sold in an establishment licensed to sell alcohol. Employers and some owners of residential housing can prohibit the use of marijuana. There are specific provisions imposing the same penalties as with alcohol sales, for individuals under the age of 21 using false identification to purchase marijuana, and for businesses that fail to verify the age of marijuana consumers. This Act creates the Delaware Marijuana Control Act Oversight Committee. This Oversight Committee will coordinate the implementation of this Act with the Medical Marijuana Program, the Division of Public Health, the Division of Substance Abuse and Mental Health, and the public. The Oversight Committee will review the effectiveness of the Delaware Marijuana Control Act in regard to the safe operation of facilities licensed under this Act, the impact of this Act on public safety, and the impact of this Act on public health. The Commissioner must submit an annual report to the Governor and the members of the General Assembly setting forth all matters of interest and all statistics concerning marijuana regulation and control in the State including: the number of licenses of each variety issued with the State; including the name and address of each person licensed to cultivate, manufacture, or sell marijuana or marijuana products in the State; the amount of marijuana and marijuana products sold within the State; and the number of licenses of each kind granted and the number cancelled during the year. Subchapter II creates the Marijuana Commissioner and Appeals Commission. The Commissioner has the power to conduct hearings if neighbors protest the license application of establishments that sell marijuana and subpoena power. It requires the Commissioner to coordinate with the Division of Small Business, Development, and Tourism so that potential businesses licensed under this Act have access to programs, particularly those that support small businesses owned by minorities, women, and veterans. Subchapter III sets up the regulations and licenses under the Delaware Marijuana Control Act. The Marijuana Commissioner has the authority to adopt regulations to implement this Act and includes specific requirements that marijuana establishments must meet to obtain licenses. Regulations must require that products containing marijuana use of a symbol and a standard measurement to be used on all marijuana products so they are easily identified as containing marijuana and consumers can identify the amount of marijuana in different products; be in opaque, child-resistant packaging; and contain a warning label explaining evidence-based harms from consuming marijuana, including the impact on developing brains. The regulations must also contain security requirements, testing requirements, advertising restrictions, and require that food products comply with State food safety laws. There are separate licensing requirements for retail marijuana stores, marijuana testing facilities, marijuana cultivation facilities, and marijuana product manufacturing facilities. The application fee for licenses is up to $5000, which is the same as the application fee for facilities under the Delaware Medical Marijuana program. There is a $10,000 biennial fee for each license issued under this Act, which is lower than the fee for compassion center under the Delaware Medical Marijuana program, with the exception of cultivation licenses that are determined by square footage of the grow rates. Within 10 months of the effective date of this Act, applications will be accepted from compassion centers and safety compliance facilities registered under Chapter 49A of Title 16 to operate as retail marijuana stores, marijuana cultivation facilities, marijuana product manufacturing facilities, and marijuana testing facilities. Subchapter IV creates the Marijuana Regulation Fund. This fund will consist of fees collected, penalties imposed, and taxes collected under this Act. It creates the marijuana control enforcement tax on retail marijuana in the amount of 15% that will be appropriated as determined by the General Assembly. Section 6: Creates a State tax deduction for all ordinary and necessary expenses paid or incurred by a marijuana establishment to reflect the inability of a business licensed under this Act to deduct these expenses from federal taxes and thus state taxes. This creates a more level playing field with other businesses. Section 7: Provides that the initial regulations required under this Act be adopted not later than 9 months after the effective date of this Act. Section 8: This section allows for the expungement of prior marijuana related offenses as long as the individual has no convictions for violent felonies. Section 9: This section allows the Sunset Committee to review the Oversight Committee in 2024.
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This Act increases the penalties for parking in an area designated for a vehicle being used by an individual with a disability. For a first offense this Act increases the monetary penalty from $100 to $200. For a subsequent offense, this Act increases the monetary penalty from $200 to $300. The offenses subject to these increased penalties are included without change in lines 4 through 27 to add context. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act tightens the role and responsibilities of the Division of Developmental Disabilities Services (DDDS) so that it more aptly aligns with the current state of the agency. This act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act codifies the Delaware Developmental Disabilities Council (“DDC”), which was created through Executive Order No. 123 in 1982 and placed in the Department of Safety and Homeland Security in the FY 2007 Budget Act. The DDC is established to undertake advocacy, capacity building, and systemic change activities that contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, and individualized supports for Delawareans with developmental disabilities. The DDC is required by the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 and this Act incorporates the requirements of this federal law in establishing the requirements for DDC membership, the responsibilities of the DDC, and protections to avoid conflicts of interest in the awarding of funds.
This Act changes the employee classification of the Office of Highway Safety (OHS) director position from merit to exempt. The Department of Safety and Homeland Security (Department) is requesting the change to make the Department’s director position employee classifications consistent. The Department is seeking the change while the OHS Director position is vacant. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Senate Concurrent Resolution recognizes Kevin Fitzgerald's achievement of being named 2018 Superintendent of the Year by the National Association of School Superintendents.
This Concurrent Resolution recognizes Ramadan and Muslim residents of this State as they observe Ramadan.
This legislation clarifies the type of signage that can be installed along or within the control zone of a designated Delaware Byway and puts the state into compliance with federal regulations.
Under this Act, notice for a mediation conference must be made by registered or certified mail, with restricted delivery and return receipt requested, for any of the following Title 13, Family Court matters: (1) Child support. (2) Custody or visitation. (3) Guardianship. (4) Third-party visitation. This Act also provides that: - It is the party’s duty to provide the Court with the party’s mailing address. - Notice by registered or certified mail is not required if a party has provided a written waiver. - The Court may excuse the registered or certified mail requirement in whole or in part if the number of parties in a case is voluminous and the address of record for each party has been confirmed in writing, either by other service or written notice provided by the party. - Notice provided under this Act constitutes conclusive evidence of service and mediation may proceed with or without the party’s appearance.
Since 1975, the Delaware Population Consortium has prepared a unified set of statewide population projections each year. These projections are used for a variety of purposes including capital planning, policy analysis, comprehensive planning, and transportation planning. All 3 counties are required by State law to utilize these projections to prepare their required comprehensive plans. However, the Delaware Population Consortium does not exist in State law. This Act formally creates the Delaware Population Consortium, identifies its membership and work products, and requires that all counties, municipalities, school districts, and State agencies use the Consortium’s projections for planning and policy purposes.