Retail Cannabis in Delaware

retail cannabis  in delaware licensing

The retail cannabis landscape in Delaware is extremely rigid and unique.  It took 14 years to to open thirteen medical dispensaries statewide and the 2024 adult-use lottery potentially added thirty more.  


All thirteen incumbent medical dispensaries converted to adult-use and 11 of them will be open to Delawareans 21 and older starting 8/1/25.  


Delaware dispensary locations


Because of the restrictive municipal zoning currently in place and being legislatively challenged, the retail license awardees that are able to get open will be clustered instead of evenly distributed throughout the million plus potential AU customers.


Muncipalities like Bellefonte, Newark, Dover, Milford, and Georgetown are allowing at lesat a limited number of retails while others like Elsmere and Greenwood are Seaford are still considering.  It is most often a matter of where and not if and these political subdivisons have a tremendously hard time agreeing on and codifying a reasonable ordinance.

Location

retail cannabis delaware licensing

Finding a suitable location should be the first step because of how critical a decision this becomes for a retail establishment of any type.  Ideal sites will be free standing with great ingress/egress/parking, but with more at stake because of the soft costs and barriers to entry involved with cannabis retail buildouts.  


Building setbacks, distance from residential zones, schools, parks, churches and other senstive uses as well as traffic concerns will come into play long before you ever sign a lease or break ground on a project.  Vet the property impeccably so that there a no suprises later like previous environmental concerns or being in a flood zone.  


The property should really fit the use nearly as is and the more modern a building the better.  The build out and inspetion process will be much smoother the more plug and play the chosen site is and the less major retrofitting necessary.  Minmizing this will reduce soft costs as well as delays related to permitting and contractor supply chains.


Important infrastructure concerns to keep top of mind during site search for a retail dispensary:

  • vault
  • secure, limited-access areas
  • line of sight for security cameras
  • back of the house space optimization
  • front of the house customer flow

Licensing


All 30 retail licenses (15 open and 15 social equity) will be awarded by lottery and Round 1 will include eligible social equity applicants as well as open license applicants. 


The criteria considered for all license types will include at a minimum:


  • a comprehensive business plan
  • annual budget 
  • pro forma financial statements.
  • the experience, training, and expertise of the applicant and managing officers.
  • the applicant’s plans for safety, security, and the prevention of diversion.
  • the applicant’s plans for operations, training, and staffing.
  • Social responsibility plan
  • Diversity goals
  • recruit/hire people of color, women and veterans
  • recruit/hire locally
  • Safe, healthy, economically beneficial working environment with fair scheduling, family-supporting wages and benefits to employees
  • criminal , civil or regulatory history encountered by other entities the applicant and managing officers have previously controlled or managed
  • Suitability of proposed location


Also required:


  • Seed to sale tracking
  • Security systems including lighting, physical security, video and alarm requirements
  • Transportation and storage requirements
  • Employment and training for licensees, employees and agents
  • ID badge
  • Valid ID recognition (21 and up)
  • Diversion 
  • Dosing, potency standards and labeling requirements
  • Activation time
  • Dosing (10mg maximum)
  • Potency 
  • Serving size (10 serving maximum)
  • Ingredients and possible allergens
  • Nutritional fact panel
  • May not be misleading
  • Batch number
  • Education information on how to interpret label, health effects, potential interactions with prescription and non-prescription medications
  • Standard symbol
  • Warning label
  • Pregnant and breastfeeding
  • Developing brain
  • Operate machinery
  • Interference with prescription drugs
  • Not for children label