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Delaware just legalized cannabis stores: What comes next?

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Hats off to Delaware, America’s second-smallest state that could! 

Adults 21 and up can carry an ounce of weed legally in the home state of President Biden; with legal sales on the way in 2024.

So, Leafly Nation, let’s take a minute to dig into H.B.1 and H.B.2. Want to know when stores will open? How much cannabis adults can legally possess? How much you’ll pay in taxes? Read on, we’ve got you covered.

Is weed legal in Delaware?

Yes. On Friday, April 21, Delaware’s Governor said he will allow H.B.1 and H.B.2 to take effect. H.B.1 legalized marijuana possession, while H.B. 2 laid the legal foundations of the adult-use market.

The adult-use bills follow the legalization of medical marijuana in Delaware in 2011, and a possession decriminalization bill in 2015.

Cannabis is legal to possess and share among adults 21 and over.

How much weed is legal in Delaware?

H.B.1 legalizes the possession of up to:

  • one ounce of flower
  • 12 grams of concentrate
  • or 750 milligrams of THC in edible form.

H.B.2, however, limits hash to a maximum of five grams.

Can I share legal cannabis in Delaware?

Yes. H.B. permits the “sharing” of marijuana in the absence of licensed stores, but not “gifting.” 

When will adult-use cannabis become available for purchase in Delaware?

Licensed stores won’t open their doors to adults for at least 16 months: August 25, 2024. The Delaware Division of Alcohol and Tobacco Enforcement (DATE) will regulate the market, via a to-be-established Office of Marijuana Control.

What forms of cannabis can Delaware adults purchase?

In addition to marijuana flower, H.B.2 lists “concentrates, edibles, ointments, and tinctures” as permissible products.

Will Delaware tax cannabis sales?

Yes, Delaware will levy a 15% sales tax on recreational cannabis, while medical marijuana will remain untaxed.

Can you grow weed legally in Delaware?

Delaware legalization does not permit personal cannabis gardens at this time.

Does the bill include equity provisions?

Yes, H.B.2 calls for equity licenses for business owners from drug war impact zones, or past drug offenders and their relatives.

Can Delaware cities and counties opt-out of sales?

Yes, localities can vote to opt-out of cannabis sales.

No. Public consumption (or consuming marijuana in a moving vehicle) will remain a misdemeanor punishable by a fine of $200 or a maximum of five days in jail.

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How did Delaware legalize cannabis?

In 2022, Delaware lawmakers passed a bill to legalize cannabis possession and gifting. Lawmakers also passed a separate bill to create an adult-use market. Governor John Carney (D) vetoed the second bill.

One year later, however, pro-reform lawmakers—led again by Rep. Al Osienski (D)— revived and passed both bills. This time around, Delaware Gov. Carney acknowledged that public consensus wasn’t on his side.

“My views on this issue have not changed,” Carney said in a statement on Friday. “I came to this decision because I believe we’ve spent far too much time focused on this issue, when Delawareans face more serious and pressing concerns every day. It’s time to move on,” the governor added.

Carney didn’t sign either of the two legalization bills, however—he just let them become law. In the absence of his signature, the two bills go into effect ten days after lawmakers send them to him. That means that H.B.1 took effect the day after 4/20 on Friday, April 21, and H.B.2 will take effect Tuesday, April 25.


With the passage of these two bills, Delaware has joined neighboring legalization states New Jersey, and Maryland, with just Pennsylvania remaining as a hold-out in the region.

Welcome, Delaware—the 22nd legalization state. Let weed freedoms ring.



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Will hemp survive the new Farm Bill?

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America’s millions of hemp consumers continue to face an uneven landscape of rules and regulations that are as varied as the myriad (and occasionally funky) Thanksgiving leftovers currently fermenting in the back of your fridge. But rest assured, Leafly Nation, we’re here to help you make sense of the chaos, and separate the signal from the hemp-derived noise.

This past month, the drama and confusion escalated across the country: The US Senate revealed a “concerning” draft of the 2025 Farm Bill that could kneecap the industry, Connecticut retailers sued the state over strict new THC limits, Ohio cooked up a potential Delta-8 ban and Hawaii amended its hemp program to allow for hemp-derived THC in edible products. Plus, a couple of industry players celebrated expansions and big harvests, and an Arizona company launched a gargantuan 100 mg Delta-8 gummy, intended to treat Alzheimer’s. 

Without further ado, let’s dive in.

Spotlight: north’s Blueberry Dream Sleep gummies

blue package of north gummies
Courtesy of north.

Highlighting one of our favorite products of the month: Minnesota companies are on a tear right now, turning out some of the best hemp-derived THC beverages and gummies on the market. North exemplifies this trend with their well-balanced Sleep gummies. Each delectable little treat packs 5 milligrams of hemp-derived delta-9 THC, as well as 5 milligrams of CBD and CBN. As is often the case, I’d prefer the gummy to have less of a sugary coating, but the robust flavor and hefty effects make it a standout. A package of twenty gummies sells for $18 bucks, making it a good deal to boot. Learn more about North’s sleep gummies here.

Related

Leafly’s top 6 CBD gummies of 2024

That’s a big gummy

Arizona company CBD Life Sciences has announced the launch of a 100 mg Delta-8 gummy. The product has been designed with Alzheimer’s patients in mind;  a relatively small body of research shows that hemp-derived cannabinoids can alleviate symptoms of the disease.

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Leafly’s 5 top THCA flower brands of 2024

Top hemp news of December

The US Senate Committee on Agriculture, Nutrition and Forestry has released a new draft of next year’s Farm Bill, and the hemp industry is not pleased. (The bill follows the 2018 Farm Bill, which largely opened the door to the rapid expansion of hemp-derived cannabinoids.) Most notable, the new version redefines “hemp.” In lieu of the current approach, which sets a cap of 0.3% Delta-9 THC by dry weight, the new definition would set the limit at 0.3% total THC, which would include cannabinoids like Delta-8, Delta-9 and Delta-10 THC, as well as THCA. (This proposal still lands better than a version of the bill introduced in the US House in May, which would ban an estimated 90% of hemp products nationwide.) The bill won’t get much play until the next session of Congress begins next year, but rest assured, we’ll keep you posted as best we can.

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The best hemp deals of 2024

Connecticut retailers have sued the state over new THC limits in hemp products. In October, Governor Ned Lamont (D) signed a pair of new bills that cap THC at 1 milligram per serving; in January, the cap will drop to 0.5 mg per serving. “The state has impermissibly changed the definition of hemp, and that’s what it all boils down to,” said the retailers’ attorney, Genevieve Park Taylor. 

Another state seeks to limit THC: In Ohio, lawmakers are considering a proposal to cap hemp-derived cannabinoids at 0.5mg per individual serving, and 2mg per package.

Hawaii Governor Josh Green (D) has signed off on a new state policy that allows for low levels of THC in hemp-derived gummies and beverages. It also gives a green light to hemp extraction. The details of permissible THC, however, remain unclear. We’ve reached out to the state for more info.

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Leafly’s top 7 hemp pre-rolls of 2024

Not so fast: The Illinois Department of Agriculture (IDOA) has hit pause on new rules for the hemp industry after growers and retailers pushed back. Proposals to allow unannounced, random inspections and bar individuals with drug-related felony convictions on their record from participating in the industry proved particularly contentious.

Texas’ enormous hemp industry is gearing up for another legal battle. Next month, the state Legislature will reconvene, and industry is bracing for lawmakers to make a (third) attempt to shut them down.

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Hemp science news

Viva la hemp: A new study from a group of Texas-based scientists has concluded that hemp varieties contain a surprising amount of microbial diversity. The findings could eventually help farmers utilize microbes in order to maximize the health and productivity of their hemp plants.


And that’s a sample from the wild world of legal hemp this December—2025 is sure to contain even more surprises.



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Nebraska legalized medical weed: Here’s what’s next

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The 2024 general election has one high point for cannabis law reformers.

Nebraska has voted to legalize medical marijuana via two related measures—IM 437 and IM 438. The former essentially legalizes medical marijuana possession, and a health care professional’s ability to prescribe medical marijuana. The latter clears the path for a new state commission to write rules and regulations for a medical program. IM 437 passed with roughly 71% of the vote, and IM 438 passed with 70%.

In 2020, anti-marijuana state officials succeeded in knocking a medical marijuana legalization measure off that year’s ballot on the grounds that it violated a ‘single subject’ rule. A separate measure in 2022 failed to gather enough signatures to appear on the ballot.

Even though this year’s measures passed, proponents aren’t out of the woods yet. This September, Nebraska prohibitionists filed a lawsuit accusing signature gatherers for the campaign of “cheating” and gathering invalid signatures. The argument lacks much evidence, however; the case is currently before a District judge.

Here’s what happens next, if the measures move forward:

No. IM 438—aka the Nebraska Medical Cannabis Regulation Act—stipulates the creation of the Nebraska Medical Cannabis Commission, which must begin considering business applications by October 1, 2025. 

Don’t forget: Implementation of the program hinges on the district court allowing the measure to move forward.

How much marijuana will Nebraska patients be able to legally possess?

IM 437 legalizes the possession of up to 5 ounces of marijuana.

Related

Nebraska marijuana laws

When can I legally buy marijuana?

The measures do not set a specific date that sales will start. 

Can medical patients smoke a joint in public?

Neither measure addresses public consumption. But odds are low that patients will be able to legally consume in public. 

Can I grow cannabis at home in Nebraska?

Neither measure addresses homegrow. 

If the measures go into effect, the to-be-created Nebraska Medical Cannabis Commission will establish rules and rules for the program.

Related

Leafly’s guide to marijuana legalization

What kind of products will be available?

IM 438 gives a green-light to marijuana flower, concentrates, edibles, topicals and ointments.

Any equity or small-business licenses?

Neither measure addresses this question.

Will marijuana be taxed?

Neither measure addresses questions of taxation.


Stay tuned for more from Nebraska’s march toward medical cannabis.



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Cannabis

What’s Next For Legal Marijuana

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Going into 2025,  the cannabis industry will have to be more limber. 

The election is done and Donald Trump will be returning to the White House and Republicans having greater control in Congress. The election showed the majority of people want recreational in Florida, Nebraska will finally have medical marijuana, and cannabis wasn’t a deciding factor in swinging votes. With the House firmly in Republican hands, Mike Johnson has greater power to battle legal cannabis, but don’t count the industry out yet.

Nebraska, passed two ballot initiatives to legalize medical marijuana and regulate the industry on Tuesday. A whopping 67% of the public said yes, which is great for a traditional lyconservative state.  Nebraska was one of the few holdouts for medical marijuana. The legality of the ballot initiatives is being questioned regarding discrepancy over fraudulent signatures and fraudulent notarizations. It is a civil case with a ruling expected after the election is cleared up. The Governor spoke out against cannabis. Those arguing on behalf of the petitioners said there was no “clear and convincing evidence” of fraud, and throwing out entire petitions would punish thousands of Nebraskan voters. If the cannabis backers and voters win the civil suit, medical marijuana should start by the end of 2025.

medical marijuana
Photo by CapturedNuance/Getty Images

While the initiative failed to reach the 60% of votes needed in Florida, it garnered an impressive 56% of public support. Showing the population of the sunshine state is for fully legal weed, but could be 4 years until it is available. There are issues are Governor DeSantis use of public assets to combat the issue, so my legal wrangling in Florida.

A portion of the industry supported the incoming president, but the biggest industry influence for the upcoming administration will be alcohol and pharmaceutical companies.  Alcohol alone is probably one of the biggest investors in the industry with over $13 billion. Wana Brands, which is partial owned by Constellation, launched hemp gummies that can be sold in most states and are as effective as THC gummies. A smart expansion of their products.

Cannabis is popular with the public with Pew Research saying 88+% of the population supporting legalization in some form.  Even the traditional AARP has come around to extoll the medical and wellness benefits of the plant.  A clearer pathway will be laid out in December with the DEA rescheduling.



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