House Amendment 1 to House Bill 110
149th General Assembly (2017 - 2018)
The General Assembly has ended, the current status is the final status.
This Amendment revises House Bill No. 110 to incorporate the recommendations from the HCR 52 Adult Use Cannabis Task Force. The specific changes are as follows: • Removes the two-thirds vote requirement because instead of creating new crimes, the Act references existing crimes that already prohibit and punish specific acts. • Replaces the two-thirds vote requirement with a three-fifths vote requirement because the Act creates new fees and a new tax. • Adds a definition of “work” that references the definition in § 3302 of Title 19. • Clarifies that certain acts are currently unlawful and remain unlawful under the Act, so that it is clear that if not explicitly permitted, acts remain unlawful. • States explicitly that selling marijuana without a license remains illegal and punishable under Chapter 47 of Title 16. • States explicitly that using false or fraudulent identification is illegal and punishable under § 2751 of Title 21. • Revises the employment section as follows: • Replaces “in the workplace” with “work” to cover any location where an employee is engaged in work. • Reorders the first sentence to be clear that employers are not required to permit any marijuana activities. • Adds a definition of “under the influence” that is modeled on the definition in § 4177(c) of Title 21. • Adds explicit protections for employers to take actions to prevent penalties under federal law, consist with the Delaware Medical Marijuana Act. • Prohibits an individual under age 21 from entering or remaining in a marijuana establishment and punishes a violation with a civil penalty of $50. • Removes the false identification crime because this already prohibited and punished under § 2751 of Title 21. • Removes the crime of selling marijuana or marijuana products to an individual under age 21 because these acts are already crimes under Chapter 47 of Title 16, but preserves the affirmative defense where the individual under age 21 presented identification that would lead a reasonable person to believe such individual was 21 years old or older. • Adds the Director of the Division of Revenue as a member of the Delaware Marijuana Control Act Oversight Committee. • Moves responsibility for the regulation of the safe cultivation of marijuana to the Department of Health and Social Services (“DHSS”), prohibits the use of pesticides that are neither organic or federally-approved, and requires standards for the use of carbon dioxide. Requirements established by DHSS under this chapter must be consistent with the requirements established by the Department of Agriculture and the Department of Natural Resources and Environmental Control. Compliance with the DHSS regulations is a requirement for all licenses and noncompliance is grounds for a license to be cancelled, suspended, or the licensee fined. • Changes the reference from the Delaware Economic Development Office to the Division of Small Business, Development and Tourism and the Department of Agriculture and requires the Commissioner to also connect potential marijuana establishments with farms. • Adds a clear, general requirement that licensees track marijuana from seed to sale. • Adds a specific training requirement for licensees and employees of retail marijuana store licensees. • Adds a requirement that information be provided to consumers regarding the serving size and number of servings per package and limits the amount of marijuana in each serving to 10 mg and limits the number of servings in each package to 5. • Adds a requirement that the specific batch number be included on the label of each marijuana product. • Adds a requirement that consumers receive evidence-based information about how to interpret the information on the marijuana product label, health effects, and potential interactions with prescription and nonprescription medications. • Prohibits products that look like candy or cartoon characters. • Adds that the random testing requirements include the manner and frequency of testing. • Requires procedures for receiving and processing consumer complaints about marijuana establishments. • Requires that applications for all marijuana establishments provide proof of compliance with DHSS regulations under this chapter. • Requires that all retail marijuana products be shelf-stable and not require refrigeration. • Limits fees charged by localities to the amount of the fees charged to businesses with an alcohol license under Title 4. • Provides funds to DHSS for administrative costs under this chapter. • Provides funding for the prevention, treatment, and education regarding substance abuse instead of only alcohol, tobacco, and marijuana abuse. • Provides funding to train more law enforcement officers across the state as Drug Recognition Experts, purchase devices that measure THC levels as they become available, implement pilot programs to better identify and deter drugged driving, and for forensic testing of blood samples. • Corrects typographical errors.