Delaware Cannabis Licensing Update: OMC Clarifies County-Based Assignments and Reassignment Rules

County-Based License Assignments

In a recent press release, the Delaware Office of the Marijuana Commissioner (OMC) issued a statement that was meant to clear confusion that was stemming from county-based license assignments in their adult-use cannabis program (1).

Recent reports thought that county-based assignments had been removed, which was not the case.

In the state’s regulatory framework, licensees will be assigned to specific counties. The press release mentioned that the OMC will be “maintaining limited flexibility to consider reassignments under certain circumstances,” (1). By doing this, the adult-use cannabis program will be able to better adapt to challenges in the industry, as well as keeping consistency with compliance with both regulatory safeguards and state law.

According to the press release, to be considered for reassignment, applicants must provide (1):

• Documentation of their efforts to secure a location in the originally assigned county.
• Evidence of site control in the proposed new location, such as a Letter of Intent (LOI) or similar documentation showing site control is imminent.
• Verification of compliance with all OMC location-based regulations.
• Zoning confirmation from the local government of the proposed site.

“Maintaining county-based assignments is central to our program’s design, but we recognize the importance of ensuring licensees have a viable path to establishing operations,” said the Commissioner of the OMC (1). “This policy allows for flexibility where justified, while keeping the integrity of the assignment framework in place.”

Delaware Governor Matt Meyer Vetoes Local Zoning Restriction Bills

In an August 28, 2025, press release (2), Delaware Governor Matt Meyer, vetoed two bills, one involving wage enforcement in construction and the other was Senate Bill 75 (with SA 1 & 2) (SB 75). The piece of legislation would have loosened “local zoning restrictions limiting where licensed adult-use cannabis retailers can operate,” (2). Additionally, the Senate bill would have (2) “imposed statewide rules explicitly permitting retailers to operate within 500 feet ‘of a place of worship, school, licensed child-care, residential treatment facility, park, or library,’ and/or ‘within a one-half mile of another retail marijuana store.’ The bill was introduced in response to some municipal lawmakers enacting more restrictive zoning laws, effectively imposing local bans on marijuana retailers.”

Governor Meyer expressed in the press release (2) that he is still supportive for a “safe, equitable, and accessible adult-use cannabis market,” but had concerns that SB 75 would potentially prevent local decision-making regarding where, as well as how, cannabis retail establishments would be able to function within distance to sensitive areas. For example, libraries, childcare facilities, schools, parks, and more (2).

“I support building a well-regulated, adult-use cannabis market that works statewide. The way to do that is to work with our counties as partners, not by stripping communities of their voice in where these stores belong,” said Governor Meyer in the press release (2). “SB 75 would override local judgment on the location and operation of cannabis establishments. Let’s move forward together—respecting local zoning and exploring revenue-sharing to offset local costs—so this market succeeds and earns public trust in all three counties.”

Strong Sales Reflected in First Month of State Cannabis Sales

The OMC discussed in a September 2025 press release (2), that the state of Delaware witnessed strong sales during the first month of recreational cannabis sales. During the first month, total retail cannabis sales were reported as more than $7 million, with 109,412 cannabis plants cultivated.

On August 1, 2025, recreational cannabis sales first began in the First State (2). During their inaugural weekend, their cannabis sales brought in more than $903,000, which includes both recreational and medical cannabis transactions (2). Medical cannabis was legalized in Delaware in 2011.

As mentioned in the press release, highlights from the first month of recreational cannabis sales and cultivation include (2):

Retail Sales

• Total Retail Sales: $7,354,293
• Usable Cannabis (flower): $4,065,032 largest category, 55% of retail sales

Cultivation Metrics

• Total Plant Count: 109,412

Strain Metrics

• Strains in Production: 447
• Strains at Retail: 171

References

1. OMC clarifies policy on county-based license assignments https://news.delaware.gov/2025/09/22/omc-clarifies-policy-on-county-based-license-assignments/ (accessed Oct 6, 2025).
2. Colli, M. Despite vetoed zoning bill, Delaware cannabis sales reach more than $7 million in first month https://www.cannabissciencetech.com/view/despite-vetoed-zoning-bill-delaware-cannabis-sales-reach-more-than-7-million-in-first-month (accessed Oct 6, 2025).