Delaware General Assembly

Passed 3/10/22

The General Assembly has ended, the current status is the final status.

HB 305 -HA 7 w/ HA 1, HA 1 to HA 1

3/3/22

Osienski

This amendment makes several technical corrections. In addition, it does all of the following: 1. Adds explicit language protecting and indemnifying state employees, contractors, and volunteers who will be following state law under this Act which may be in contravention of federal law. 2. Specifies that in the event there are more qualified applicants than there are available licenses for a particular type of marijuana establishment, the Commissioner should use a lottery process to award licenses. 3. For marijuana cultivation facility licenses, specifies that the fee is based on the cannabis grow area and sets forth rules for calculating that area. 4. Assigns responsibility for license refunds to the Department of Homeland Security, as is current practice for alcohol licenses. 5. Clarifies certain civil penalties. 6. Clarifies costs and expenses that will be covered out of the Marijuana Regulation Fund. 7. Creates a state tax deduction for marijuana establishment business expenses for pass-through entities comparable to the one already in the bill for corportaions. 8. Exempts marijuana taxes paid from calculations of the gross receipts tax. 9. Makes administrative corrections requested by the Department of Finance. 10. Makes a technical correction to effective date clause to eliminate potential ambiguity.

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