Cannabis Business Legal Compliance in Delaware
- Delaware Cannabis
- Cannabis Business in DE
- Cannabis Business Legal Compliance in Delaware
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Key Points
- Legal Framework: The Office of the Marijuana Commissioner enforces cannabis compliance under Delaware's Marijuana Control Act.
Oversight and Legal Support: Cannabis Compliance in Delaware
The Office of the Marijuana Commissioner (OMC), established under the Delaware Marijuana Control Act on July 5, 2023, oversees cannabis compliance, managing licensing, regulatory frameworks, and public health standards under the Office of Management and Budget. Complementing these efforts, the Delaware State Bar Association, a professional organization representing lawyers, judges, and other legal professionals, supports legal professionals by providing vital resources and education.
- Delaware has issued around 60 licenses for cultivation facilities, 30 for product manufacturing, 30 for retail stores, and 5 for testing facilities within its cannabis industry.
| Attorneys Who Work With Cannabis-Related Issues in Delaware | Area of Expertise |
|---|---|
| Abram & Hutchison | Criminal Defense |
| Clark Hill | Business Compliance |
| Law Office of Brian J. Chapman | Criminal Defense |
| Law Offices of Murray, Phillips & Gay | Business Compliance |
| Michael W. Modica | Criminal Defense |
| PashmanStein WalderHayden | Business Compliance |
- Are you a Delaware-licensed Attorney offering services to cannabis-related businesses? Request to be listed .
Specialized Legal Services Provided by Cannabis Business Attorneys in Delaware
Cannabis attorneys in Delaware provide specialized services to navigate the state’s cannabis laws, including licensing, business formation, contract negotiation, and intellectual property protection. They advise on employment law compliance, represent clients in disputes, and offer guidance on real estate and zoning laws to ensure regulatory adherence.
Understanding Cannabis-Related Penalties in Delaware
Possession: Having more than one ounce but less than 175 grams is classified as an unclassified misdemeanor, punishable by a fine of $575. Individuals under 21 found with a personal use quantity face a $100 civil penalty for a first offense. Subsequent offenses may result in higher fines or criminal charges.
- Less than 1,500 grams: Felony, up to 8 years imprisonment.
- 1,500 to less than 5,000 grams: Felony, up to 15 years imprisonment.
- 5,000 grams or more: Felony, mandatory minimum of 2 years up to 25 years imprisonment.
Cultivation: Growing cannabis without proper authorization can lead to felony charges, with penalties depending on the amount cultivated.
A cannabis criminal defense attorney specializes in protecting individuals facing penalties for cannabis-related offenses, ensuring their rights are upheld and exploring legal options to mitigate consequences.