HB 110 Summary: Delaware Marijuana Control Act

• Legalizes possession and consumption of up to 1 ounce of marijuana (no more than 5 grams concentrated) for adults 21 and older, with no criminal penalties for possession.

• Establishes a licensing and regulatory framework for marijuana businesses including retail stores, cultivation facilities, product manufacturing facilities, and testing facilities, administered by a Marijuana Commissioner within the Department of Safety and Homeland Security.

• Imposes an excise tax on marijuana sales ($50 per ounce on flowers, $15 per ounce on other plant parts, $25 per immature plant) with revenue directed to education, substance abuse prevention, public health campaigns, and reentry support programs.

• Requires marijuana products to use child-resistant packaging, standardized labeling with potency information, warning labels about health risks, and comply with food safety regulations for edibles.

• Allows municipalities to regulate or prohibit marijuana businesses within their jurisdictions and maintains prohibitions on use by persons under 21, driving under the influence, public consumption, and marijuana sales in alcohol establishments.