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CITY OF DOVER, DELAWARE
COUNCIL COMMITTEE OF THE WHOLE MEETING
Tuesday, September 26, 2023 at 6:00 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
THIS AGENDA AND PACKET HAVE BEEN REVISED BY REMOVING LEGISLATIVE,
FINANCE, AND ADMINISTRATION COMMITTEE ITEM #3 – DISCUSSION OF CITY SEAL
USES AND RESTRICTIONS (COUNCILMAN LEWIS, JEAN CARVER, PARALEGAL
SCHMITTINGER & RODRIGUEZ)
Public comments are welcomed on any item and will be permitted at the appropriate time. When
possible, please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you
wish to be recognized.
VIRTUAL MEETING NOTICE
This meeting will be held in City Hall Council Chambers with electronic access via
WebEx. Public participation information is as follows:
Dial: 1-650-479-3208
Link: https://rb.gy/rpd7i
Event number: 2537 486 8697
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting
starts.
CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER
UTILITY COMMITTEE
ADOPTION OF THE AGENDA
1. Customer Advance Agreement for Supply of Natural Gas Services at Garrison Oak
Business Park (David S. Hugg III, City Manager)
(Staff Recommendation: Authorize the City Manager to complete negotiations and execute
the Customer Advance Agreement to facilitate the timely installation of gas services
throughout the park.)
ADJOURNMENT OF THE UTILITY COMMITTEE MEETING
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COUNCIL COMMITTEE OF THE WHOLE MEETING - September 26, 2023 PAGE 2
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
ADOPTION OF THE AGENDA
1. Disposal of Fifteen Excess Properties (David S. Hugg III, City Manager)
(Staff Recommendation: Approval of disposition of properties as outlined.)
2. FY23 Edward Byrne Justice Assistance Grant Program – Joint Grant with Smyrna Police
Department and Kent County (Thomas Johnson, Dover Police Chief)
(Staff Recommendation: Approve the grant application for the items listed below.)
3. Discussion and Next Steps of Delaware House Bill 2 - Delaware Marijuana Control Act
(David S. Hugg III, City Manager, and Mary Ellen Gray, Planning and Community
Development Director)
(Committee Action Not Required)
ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING
ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
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Item 1.
ACTION FORM
PROCEEDING: Council Committee of the Whole – Utility Committee
DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: 8/24/23
PREPARED BY: David S. Hugg III, City Manager
SUBJECT: Agreement for Supply of Natural Gas Services at Garrison Oak Business Park
REFERENCE: n/a
RELATED PROJECT: Garrison Oak Business Park Sales
REVIEWED BY: David S. Hugg III and Nick Rodriguez, Esq.
EXHIBITS: Customer Advance Agreement/Chesapeake Utilities Corporation; Rodriquez Review.
EXPENDITURE REQUIRED: $265,986.50 AMOUNT BUDGETED: n/a
FUNDING SOURCE (Dept./Page in CIP & Budget): Property Sale Proceeds, Lots at Garrison Oak
TIMETABLE: Urgent
STAFF RECOMMENDATION: Authorize Finalization of Agreement by City Manager
BACKGROUND AND ANALYSIS
A draft Customer Advance Agreement (CAA) with Chesapeake Utilities for extension of gas services to various
remaining lots in Garrison Oak Business Park is attached. This agreement is for extension of additional gas
services and replaces a similar prior agreement that provided for initial natural gas services to the park
(primarily to serve Uzin Utz). At that time Chesapeake was unwilling to extend the gas service throughout the
park due to the limited number of users (a separate gas line was also extended to the electric generation facility)
and uncertainty of the timing of future users.
Natural gas is the most critical major utility not provided directly by the city. It is the fuel source of preference
for many industries. Recent interest in the park has resulted in completed and pending sales, and several
projects are now moving forward on scattered sites and are dependent of having gas available.
Although it seems complicated, in essence the city advances funds to Chesapeake Utilities to build the
extension, essentially in anticipation of users. If there are unused funds at the completion of construction, they
are returned to the city. Additionally, the city receives a refund payment computed on gas consumption by
customers each year for 5 years (which can be extended). Having the extension installed soon makes gas
available throughout the park now and avoids a delay if a proposed new user is beyond the reach of the current
gas line (predominately on the west side of the park serving Uzin Utz and Advantech).
The advance requested ($265,986.50) would be funded from recent Garrison Oak sales proceeds.
Staff recommends authorization for the City Manager to complete negotiations and execute the Customer
Advance Agreement to facilitate the timely installation of gas services throughout the park.
Attachments: (draft) Consumer Advance Agreement
Email from Nick Rodriguez re: CAA
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Item 1.
PROCEEDING: Council Committee of Whole - Legislative, Finance, and Administration Committee
DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: 8/24/2023
PREPARED BY: David S. Hugg III
SUBJECT: Disposal of City property –Various Parcels (15 properties – see map sets)
REFERENCE: Chapter 2, Article V, Section 2- 425.- Sale and disposition of real property
RELATED PROJECT:
REVIEWED BY: David S. Hugg III
EXHIBITS: City-Owned Parcels Transfer – Map Set “A” (Maps 1-5) and Map Set “B” (Maps 1-4)
EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a
FUNDING SOURCE (Dept./Page in CIP & Budget): n/a
TIMETABLE: Immediate
STAFF RECOMMENDATION: Approval of disposition of properties as outlined.
BACKGROUND AND ANALYSIS
From time to time the City Manager reviews the inventory of city-owned properties to determine if there is
a city need for them or if disposal is warranted.
Chapter 2, Article V, Section 2-425 of the City Code establishes the procedures for disposing of excess city-
owned real properties: “The city manager, upon determining that a city-owned parcel of land is excess in
nature and that the disposal of such land would be beneficial to the City of Dover, will request, through the
legislative, finance, and administration committee, that city council consider disposal of such land.”
The matter being brought before the committee involves two groups of properties (see Map Sets “A” and
“B”) that I am determining to not be of use or value to the City’s needs.
“A”. Properties Subject to Exemption D (8 properties):
Pursuant to Sec.2-425, I am determining that the properties identified as:
Parcel ID Address Parcel Value*
1. ED05-067.14-01-56.00, 1370 College Road $7,400
2. ED05-067.18-01-04.00, 1502 College Road $900
3. ED05-076.10-02-05.01, 237 Mifflin Road $ 5,000
4. LC05-068.00-01-08.01, White Oak Road $ 5,500
5. ED05-067.19-02-02.01, Salisbury Road $29,800
6. ED05-076.08-06-38.00, 418 W. Division Street $14,400
7. ED05-076.08-06-28.00, 37 S. Kirkwood Street $ 6,400
8. LC05-068.00-01-09.01, White Oak Road $ 1,300
are surplus to the needs of the City of Dover and that the disposal of said properties is in the best
interests of the City. I recommend that the disposition be pursuant to Exception D- Sale of small or
irregular shaped lot(s) to an adjacent owner, with exceptions noted. 8
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Item 1.
Excerption D provides “Sale of small or irregular shaped lot to an adjacent owner, If any excess parcel of
land is too small or irregular in shape to be of any value to anyone other than an abutting property
owner, it may be sold to such owner at either its fee appraised fair market value, or at its fair market
value as established by the city’s assessment records, whichever city council shall select. The costs of the
appraisal and all legal costs shall be paid by the owner requesting the conveyance.”
Parcels numbered 1, 2, 3, and 4 are landlocked without access to a public road and are considered
unbuildable. The City Manager recommends offering these to adjacent property owners at no purchase
or legal cost to them (waiver of provisions to generate interest). Adjacent property owners have not
formally requested the conveyance of any of these properties. The recommended action takes them off
the city inventory, eliminates continued city maintenance, and adds them back to the tax rolls, resulting
in reduced maintenance expenditures and modest increase in tax revenue. These would be offered by
certified mail to only adjacent owners on a first come/first granted response basis or by random draw if
multiple requests are made simultaneously.
Parcels numbered 5, 6, 7, and 8 are small lots of insufficient size to be developed even though they may
have road and/or utility access. The City Manager recommends offering these by public notice and
closed/sealed bid as outlined in Exception D. These parcels would be offered subject to a minimum price,
but without additional costs to the purchaser (waiver of provision and again to stimulate interest). That
action takes them off the city inventory, eliminates continued city maintenance, and adds them back to
the tax rolls. I recommend the minimum price be set at 50% of the assessed value.
“B”. Standard Disposal Method Properties (7 properties):
The properties listed below are potentially buildable and should be offered for sale pursuant to the
standard method of disposal set forth in the Code, which includes public notice, a public hearing, setting
of a minimum price, and closed/sealed bid. The purchaser would bear any legal or other costs relating to
the sale. These parcels are also of no use to the city and their disposal would reduce maintenance costs
and restore them to the tax rolls. I recommend setting the minimum price at least at the parcel assessed
value.
Parcel ID Address Parcel Value *
ED05-077.09-01-36.00 222 W REED ST $ 50,200.00
ED05-077.09-01-37.00 105 S NEW ST $ 16,400.00
ED05-077.09-01-43.00 115 S NEW ST $ 15,500.00
ED05-077.09-01-70.00 312 W LOOCKERMAN ST $ 88,800.00
ED05-077.10-02-15.00 423 COLLINS DR $ 39,200.00
ED05-068.15-01-04.00 WHITE OAK RD $ 31,600.00
ED05-068.15-01-12.00 ACORN LN $ 3,300.00
Parcels # ED05-068.15-01-04.00 and # ED05-068.15-01-12.00 on White Oak Road and Acorn Lane should be
combined into a single sale valued at $34,900 to increase their potential for development.
*Note: parcel values are from the city assessment records, not appraisals. Assessed value is typically less
than market value.
Attachments: maps of parcel locations and copy of email from Planning Director in review of parcels.
Approval of the proposed sales for consideration by City Council is requested. 9
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Item 2.
CITY OF DOVER, DELAWARE
ACTION FORM
PROCEEDING: City Council
DEPARTMENT OF ORIGIN: Police SUBMITTED ON: August 28,2023
PREPARED BY: Capt Dickinson, Administration Division Commander
REVIEWED BY: David S. Hugg, III, City Manager and Lori Peddicord, Controller / Treasurer
SUBJECT: FY23 Edward Byrne Justice Assistance Grant Program – Joint Grant with Smyrna Police
Department and Kent County
TIMETABLE: The grant application deadline was 8/31/23 and will be awarded within 3 months. Grant
items will be ordered within 60 days of the grant award.
RELATED PROJECT: N/A
REFERENCE: Annual Recurring Grant Funding
EXPENDITURE REQUIRED: $85,945
AMOUNT BUDGETED: $60,000 (a grant budget adjustment will be submitted for the balance needed)
FUNDING SOURCE (Dept./Page in CIP & Budget): FY23 CIP Budget page 63
STAFF RECOMMENDATION:
Approve the grant application for the items listed below.
BACKGROUND AND ANALYSIS:
The Dover Police Department recently received its annual allocation from the Office of Justice Programs
(OJP) for the 2023 Justice Assistance Grant (JAG). Similar to previous years, the Dover Police Department,
Smyrna Police Department and Kent County were identified as disparate funding agencies. This requires the
submission of a joint grant application for the three agencies. Kent County is not eligible for an award from
this program since there are no criminal justice services provided at the county level. The City of Dover will
serve as the fiscal and administrative agent for the grant.
The following table shows the breakout for the grant funds:
Jurisdiction Amount
Dover Police Department - Special Operation Response Team
$75,322
(SORT) training and equipment
Smyrna Police Department - fixed license plate reader equipment 10,623
Kent County -
Total $85,945
ACTION REQUESTED:
Council Committee of the Whole approval of the application for this grant and the purchases identified.
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Item 2.
Department Grant Application Analysis Form
For Use in Evaluating Grant Opportunities
General Information
Department: Police Staff Contact: Capt Dickinson
Grant/Project Title: FY23 Byrne Memorial Justice Assistance Grant (JAG)
Brief Grant/Project
Description: Recurring formula based Federal grant program which provides funding for
various Law Enforcement programs. This grant is a joint grant with Smyrna Police Department and Kent County. The
disparity of funding between the entities exists because there are no criminal justice services (prosecution,
incarceration, law enforcement, etc.)provided at the county level, so the county is not eligible for a direct award under
this program.
Application Information
Due Date: 8/31/23 New Related Grants:
Recurring Previous years’ grants
Anticipated Award Date: 11/1/23 Anticipated Notification Date: 11/1/23
Start Date: 10/1/23 End Date: 9/31/26
Award Amount: $85,945.00 Cash Reimbursement
Approx. reimbursement turn-a-around time 1-2 weeks
Council Approval Needed: Yes No Which apply? Match amount
(Council approval is needed for grant projects > $50,000, when match amounts Project shortage
equal or exceed $50,000, or when expressly required by the granting authority.)
Other grant requirement
Grant/Project Costs
Match
Budget Category Award Amt Match Amt Source
Contractual
Equipment/Supplies 33,738.00 $0.00 Not Applicable
Indirect Cost (ie, vehicle repairs, mileage, IT,
0.00 0.00
telephone)
Personnel 0.00 0.00
Additional Personnel/Over-time (extra duty)
Travel/Training 52,207.00 0.00 Not Applicable
Contract Services 0.00 0.00
Other (ie, informant/buy money) 0.00 0.00
Total $85,945.00 $ 0.00
GRANT TOTAL $85,945.00 Award + Match
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Item 2.
Department Grant Application Analysis Form
For Use in Evaluating Grant Opportunities
Other Information
1. Are any of this project’s costs included in the City budget?
No additional expenses will need to be funded from the department’s budget.
2. Are there any long-term costs or commitments?
None.
3. How will this program/project be funded after the grant expires?
Not Applicable.
4. What is the maximum amount of funds available from this funding source?
The amounts shown on the preceding table are the maximum amounts available.
5. If the Department receives only a portion of the amount requested, how will the project be funded?
The funds are explicitly authorized for Dover PD’s use, so the full amount will be available.
6. Are there other departments in the City eligible for this funding?
No.
7. Are other departments in the City willing to collaborate on this project?
Not Applicable.
8. Will this project duplicate or compete with other services or programs provided by the City or other
local agency?
No.
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Item 3.
SPONSOR: Rep. Osienski & Rep. Longhurst & Rep. Baumbach &
Rep. Dorsey Walker & Rep. Heffernan & Rep. Lynn &
Rep. Minor-Brown & Rep. Morrison & Sen. Paradee &
Sen. Hoffner & Sen. Lockman & Sen. S. McBride &
Sen. Pinkney & Sen. Sturgeon & Sen. Townsend
Reps. Chukwuocha, Griffith, Harris, K. Johnson,
Lambert, S. Moore, Neal, Phillips, Romer, K. Williams,
Wilson-Anton; Sens. Gay, Huxtable, Poore, Sokola,
Walsh
HOUSE OF REPRESENTATIVES
152nd GENERAL ASSEMBLY
HOUSE BILL NO. 2
AS AMENDED BY
HOUSE AMENDMENT NO. 1
AND
HOUSE AMENDMENT NO. 2
AN ACT TO AMEND TITLES 4, 11, 16, AND 30 OF THE DELAWARE CODE RELATING TO CREATION OF THE
DELAWARE MARIJUANA CONTROL ACT.
WHEREAS, the creation of a legal, regulated marijuana industry would effectively eliminate the illegal market for
marijuana in Delaware by diverting demand away from illicit cartels and enterprises, and provide law enforcement officials
the legal means necessary to ensure the safe legal use of marijuana in Delaware; and
WHEREAS, the legalization and regulation of marijuana would address criminal justice concerns related to
criminalization and prohibitions on the production, possession, and transportation of the substance, recognizing a Black
individual is 4 times more likely to be arrested for marijuana possession than a white individual despite equal rates of use;
and
WHEREAS, it is the responsibility of the General Assembly to ensure that Delawareans most impacted by
prohibition are guaranteed access to the legal marijuana market; and
WHEREAS, the creation of a legal framework to regulate the production and sale of marijuana in the State of
Colorado and the State of Washington has generated a multi-billion dollar industry and yielded more than 38,000 well-
paying jobs in Colorado and 22,000 jobs in Washington; and
WHEREAS, the adult recreational use of marijuana has been legalized in neighboring states including New York,
New Jersey, and Maryland; and
WHEREAS, Delaware recognizes the economic benefits of a legal marijuana market as well as the importance of
regulating the substance in a manner similar to alcohol and restricting its use to persons over 21 years old.
NOW, THEREFORE:
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Item 3.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all
members elected to each house thereof concurring therein):
Section 1. Amend Subchapter IV, Chapter 47, Title 16 of the Delaware Code by making deletions as shown by
strikethrough and insertions as shown by underline as follows:
§ 4750. State-legal marijuana activities.
The offenses and penalties provided for in this chapter do not apply to marijuana-related conduct allowed under
the Delaware Medical Marijuana Act, Chapter 49A of this title or the Delaware Marijuana Control Act, Chapter 13 of Title
4.
Section 2. Amend § 4902A, Title 16 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 4902A. Definitions.
(19) "Registered safety compliance facility" means a nonprofit entity registered under § 4915A of this title by
the Department to provide 1 or more of the following services: testing marijuana produced for medical use or under
Chapter 13 of Title 4 for potency and contaminants; and training cardholders and prospective compassion center
agents. cardholders, compassion center agents, and owners and employees of entities operating under Chapter 13 of
Title 4. The training may include, but need not be limited to, information related to 1 or more of the following:
a. The safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana;
b. Security and inventory accountability procedures; and
c. Up-to-date scientific and medical research findings related to medical marijuana.
Section 3. Amend Chapter 4, Title 4 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 401. Division of Alcohol and Tobacco Enforcement.
The Division of Alcohol and Tobacco Enforcement of the Department of Safety and Homeland Security is
established as follows for the administrative, ministerial, budgetary and clerical functions for the enforcement of the alcohol
laws of this Code and Code, youth access to tobacco laws in §§ 1115 through 1127 of Title 11, and the marijuana laws of
this title.
§ 403. Duties and powers of the Division.
The Division shall:
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Item 3.
(1) Investigate, prevent, and arrest for violations of this title, make seizure of alcoholic liquor, manufactured,
sold, kept, or transported in contravention thereof, and confiscate such alcoholic liquor whenever required by any
provision of this title;
(3) Only require an inventory by a package store licensee if it has evidence to support a finding that such
licensee has violated this title.
(4) Investigate, prevent, and arrest for violations of this title; seize marijuana, including marijuana products
and accessories that are manufactured, sold, kept, or transported in contravention thereof; and confiscate such
marijuana, including marijuana products and accessories, whenever required by any provision of this title;
Section 4. Amend Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as
shown by underline as follows:
Title 4
Alcoholic Liquors and Marijuana
Chapter 13. The Delaware Marijuana Control Act.
Subchapter I. General Provisions.
§ 1301. Purpose and findings.
(a) In the interest of creating jobs with community benefits, eliminating the marijuana illegal market to allow law
enforcement to focus on violent crime and property crimes, and promoting individual freedom, the General Assembly finds
and declares that the personal use of marijuana should be legal for persons 21 years of age or older and taxed in a manner
similar to alcohol.
(b) In the interest of the health and public safety of our citizenry, the General Assembly further finds and declares
that marijuana must be regulated in a manner similar to alcohol to ensure all of the following:
(1) Individuals will have to show proof of age before purchasing marijuana.
(2) Selling, distributing, or transferring marijuana to individuals under the age of 21 remains illegal.
(3) Driving under the influence of marijuana remains illegal.
(4) Legitimate, taxpaying businesspeople, not criminal actors, conduct sales of marijuana.
(5) Marijuana sold in this State will be tested, labeled, and subject to additional regulations to ensure that
consumers are informed and protected.
(c) The General Assembly further finds and declares that it is necessary to ensure consistency and fairness
throughout this State, and therefore, that the matters addressed by this chapter are of statewide concern, except as specified
in this chapter.
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Item 3.
§ 1302. Definitions.
As used in this chapter:
(1) “Appeals Commission” means 3 persons, 1 from each County, appointed by the Governor with the advice
and consent of the majority of the Senate.
(2) “Commissioner” means the person appointed by the Governor and confirmed by the Senate who serves as
the Marijuana Commissioner for the State.
(3) “Compassion center” means an entity registered as a compassion center under § 4914A of Title 16.
(4) “Consumer” means an individual 21 years of age or older who purchases marijuana, marijuana products,
or marijuana accessories for personal use by the individual or other individuals 21 years of age or older, but not for
resale to others.
(5) “Department” means the Department of Safety and Homeland Security.
(6) “Disproportionately impacted area” means census tracts identified by the Commissioner in collaboration
with state and local agencies that have high rates of arrest, conviction, and incarceration relating to the sale, possession,
use , cultivation, manufacture, or transport of marijuana.
(7) “Division” means the Division of Alcohol and Tobacco Enforcement.
(8) "Immature plant" means a nonflowering marijuana plant, no taller than 8 inches and no wider than 8
inches; that is produced from a cutting, clipping, or seedling; is in a cultivating container; and which does not have
buds that may be observed by visual examination.
(9) “Labor peace agreement” means an agreement between a licensee and any bona fide labor organization
that prohibits labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other
economic interference with the licensee’s business. This agreement means that the licensee has agreed not to disrupt
efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the licensee’s
employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the
licensee’s employees work, for the purpose of meeting with employees to discuss the employees’ right to
representation, employment rights under state law, and terms and conditions of employment. This type of agreement
shall not mandate a particular method of election or certification of the bona fide labor organization.
(10) “License” means any license or permit to cultivate, possess, manufacture, sell, transport, or test marijuana
or marijuana products and accessories authorized or issued by the Commissioner under this chapter.
(11) “Marijuana” means as defined in § 4701 of Title 16.
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Item 3.
(12) “Marijuana accessories” means any equipment, products, or materials of any kind which are used,
intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting,
manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, vaporizing, or containing marijuana; or for ingesting, inhaling, or otherwise introducing
marijuana into the human body.
(13) “Marijuana cultivation facility” or “cultivation facility” means an entity licensed to cultivate, prepare,
and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and
to other marijuana cultivation facilities, but not to consumers. A marijuana cultivation facility may not produce
marijuana concentrates, tinctures, extracts, or other marijuana products.
(14) “Marijuana establishment” means an entity licensed as a marijuana cultivation facility, a marijuana
testing facility, a marijuana product manufacturing facility, or a retail marijuana store.
(15) “Marijuana product manufacturing facility” means an entity licensed to purchase marijuana;
manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana
product manufacturing facilities and retail marijuana stores, but not to consumers.
(16) “Marijuana products” means products that are comprised of marijuana, including concentrated marijuana,
and other ingredients and are intended for use or consumption, such as edible products, ointments, and tinctures.
(17) “Marijuana testing facility” means an entity licensed to test marijuana for potency and contaminants.
(18) “Microbusiness license” means a license issued pursuant to Part B of Subchapter III of this title which
includes any of the following:
a. Marijuana cultivation facility license.
b. Marijuana product manufacturing license.
(19) “Open license” means a license issued pursuant to Part A of Subchapter III of this title that is not a social
equity license or microbusiness license which includes all of the following:
a. Retail marijuana store license
b. Marijuana testing facility license.
c. Marijuana cultivation facility license.
d. Marijuana product manufacturing license.
(20) “Person” means as defined in § 302 of Title 1.
(21) “Personal use quantity” means as defined in §4701 of Title 16.
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Item 3.
(22) “Possession limit” means the amount of marijuana that may legally be possessed at any one time by an
individual 21 years of age or older who is not a registered qualifying patient or a registered designated caregiver under
Chapter 49A of Title 16.
(23) “Public place” means any indoor or outdoor area or portion thereof generally accessible to the public.
(24) "Retail marijuana" means "marijuana", as defined in § 4701 of Title 16, that is cultivated, manufactured,
distributed, or sold by a licensed marijuana establishment.
(25) “Retail marijuana store” means an entity licensed to purchase marijuana from marijuana cultivation
facilities; to purchase marijuana and marijuana products from marijuana product manufacturing facilities; and to sell
marijuana and marijuana products to consumers.
(26) “Social equity license” means a license issued pursuant to Part B of Subchapter III of this title for any of
the following:
a. Retail marijuana store license.
b. Marijuana testing facility license.
c. Marijuana cultivation facility license.
d. Marijuana product manufacturing license.
(27) “Smoking" means both of the following:
a. The burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains marijuana.
b. The use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any
form.
(28) “Unreasonably impracticable” means that the measures necessary to comply with the regulations require
such a high investment of risk, money, time, or any other resource or asset that the operation of a marijuana
establishment is not worthy of being carried out in practice by a reasonably prudent businessperson.
(29) “Work” means as defined in § 3302 of Title 19.
§ 1303. [Reserved.]]
§ 1304. Marijuana accessories authorized.
An individual who is 21 years of age or older is authorized to manufacture, possess, and purchase marijuana
accessories, and to distribute or sell marijuana accessories, to an individual who is 21 years of age or older.
§ 1305. Places of employment.
Nothing in this chapter is intended to impact or impose any requirement or restriction on employers with respect to
terms and conditions of employment including but not limited to accommodation, policies, or discipline.
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Item 3.
§ 1306. Driving under the influence prohibited.
Nothing in this chapter is intended to allow driving under the influence of marijuana or driving while impaired by
marijuana or to supersede laws related to driving under the influence of marijuana or driving while impaired by marijuana.
This chapter is not intended to prevent the State from enacting and imposing penalties for driving under the influence of or
while impaired by marijuana.
§ 1307. Individuals under age 21; prohibitions.
(a) Nothing in this chapter is intended to permit the transfer of marijuana, with or without remuneration, to an
individual under the age of 21 or to allow an individual under the age of 21 to purchase, possess, use, transport, or consume
marijuana.
(b) It is unlawful for an individual under the age of 21 years to knowingly enter or remain in an establishment
licensed under this chapter. A violation of this subsection is a civil offense punishable by a civil penalty of $50.
§ 1308. Private property rights.
Nothing in this chapter prohibits a person, employer, school, hospital, detention facility, corporation, or any other
entity who occupies, owns, or controls a property from prohibiting or otherwise regulating the possession, consumption,
use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that property, except that in the
case of the rental of a residential dwelling, a landlord may only prohibit the possession of marijuana or the consumption of
marijuana by non-smoked means if one or more of the following applies:
(1) The building is the primary residence of the landlord, no more than 3 rooms in the building are rented to
tenants, and no more than 3 tenants occupy such building.
(2) Residence is merely incidental to detention or to the provision of medical, geriatric, educational,
counseling, religious, or similar services, including prisons, student housing provided by a college or school, long term
care facilities, and hospitals.
(3) Failing to prohibit marijuana possession or consumption would violate federal law or regulations or cause
the landlord to lose a monetary or licensing-related benefit under federal law or regulations.
§ 1309. Unlawful marijuana extraction, penalties.
(a) It is unlawful for a person, other than a marijuana product manufacturer complying with this chapter and
department regulations, to extract compounds from marijuana using solvents other than water, glycerin, propylene glycol,
vegetable oil, or food grade ethanol (ethyl alcohol).
(b) It is unlawful for a person to extract compounds from marijuana using ethanol in the presence or vicinity of
open flame.
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(c) Violation of this section is a class G felony.
§ 1310. Lawful operation of marijuana-related establishments.
(a) It is lawful and may not be an offense under the law of this State, or be the basis for seizure or forfeiture of
assets under the law of this State, for an individual 21 years of age or older to do any of the following:
(1) Manufacture, possess, or purchase marijuana accessories or sell marijuana accessories to an individual
who is 21 years of age or older in a manner set forth in this chapter.
(2) Possess, display, or transport marijuana or marijuana products; purchase marijuana from a marijuana
cultivation facility; purchase marijuana or marijuana products from a marijuana product manufacturing facility; or sell
marijuana or marijuana products to consumers if the person conducting the activities described in this paragraph (a)(2)
of this section holds a valid license to operate a retail marijuana store or is acting in the person’s capacity as an owner,
employee, or agent of a licensed retail marijuana store.
(3) Cultivate, harvest, process, package, transport, display, or possess marijuana; deliver or transfer marijuana
to a marijuana testing facility; sell marijuana to a marijuana cultivation facility, a marijuana product manufacturing
facility, or a retail marijuana store; or purchase marijuana from a marijuana cultivation facility if the person conducting
the activities described in this paragraph (a)(3) of this section holds a valid license to operate a marijuana cultivation
facility or is acting in the person’s capacity as an owner, employee, or agent of a licensed marijuana cultivation facility.
(4) Package, process, transport, manufacture, display, or possess marijuana or marijuana products; deliver,
transport, or transfer marijuana or marijuana products; sell marijuana or marijuana products to a retail marijuana store
or a marijuana product manufacturing facility; purchase marijuana from a marijuana cultivation facility; or purchase
marijuana or marijuana products from a marijuana product manufacturing facility if the person conducting the
activities described in this paragraph (a)(4) of this section holds a valid license to operate a marijuana product
manufacturing facility or is acting in the person’s capacity as an owner, employee, or agent of a licensed marijuana
product manufacturing facility.
(5) Possess, cultivate, process, repackage, store, transport, display, transfer, or deliver marijuana or marijuana
products if the person holds a valid license to operate a marijuana testing facility or is acting in the person’s capacity as
an owner, employee, or agent of a licensed marijuana testing facility.
(6) Lease or otherwise allow the use of property owned, occupied, or controlled by any person, for any of the
activities conducted lawfully under this chapter.
(b)(1) An entity licensed under this chapter may not sell or deliver marijuana or marijuana products on
Thanksgiving, Easter, or Christmas or at hours other than those prescribed by the rules or regulations of the Commissioner.
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(2) A holder of license for a retail marijuana store may not sell or deliver marijuana or marijuana products on
Thanksgiving, Easter, or Christmas or between the hours of 1:00 a.m. and 9:00 a.m. on Mondays through Saturdays,
and on Sundays before noon or after 8:00 p.m. Any municipality with a population of 50,000 or more may limit sales
under this subsection within the boundaries of the municipality to a maximum of 4 hours on Sundays as established by
ordinance of the municipality. The closing hours for days of the week other than Sunday may be made earlier in any
municipality having a population of 50,000 or more persons, by ordinance of the municipality; provided however, that
such ordinance be consistent with the State and federal constitutions and must treat all businesses fairly. During the
months of October through December, a holder of a license for a retail marijuana store may have sales take place
beginning at 8:00 a.m. on Fridays through Saturdays and 10:00 a.m. on Sundays.
(3) Any holder of a license for a retail marijuana store who wishes to sell marijuana or marijuana products on
Sundays must pay a biennial license fee of $500.00 for the issuance of a special license to sell marijuana and marijuana
products on Sundays, which is in addition to any other license fees which may be required of the holder.
(c) Marijuana and marijuana products may not be sold in an establishment licensed to sell alcoholic liquors under
this title.
§ 1311. Enforcement.
Inspections and enforcement activities are to be conducted under Subchapter VI of Chapter 47 of Title 16.
§ 1312. Contracts enforceable.
Contracts related to the operation of a marijuana establishment licensed under this chapter are enforceable. A
contract entered into by a licensed marijuana establishment or its employees or agents as permitted under a valid license, or
by those who allow property to be used by a licensed marijuana establishment, its employees, or its agents as permitted
under a valid license, is not unenforceable on the basis that cultivating, obtaining, manufacturing, distributing, dispensing,
transporting, selling, possessing, or using marijuana is prohibited by federal law.
§ 1313. Verifying the age of marijuana consumers.
(a) Whoever sells any marijuana to a person who has not reached the age of 21 years, or sells to any person of
more than such age any marijuana knowing that such marijuana is bought for a person who is less than 21 years of age shall
be subject to a civil penalty not less than $250 nor more than $500.
(b) In any enforcement action under this section, it is an affirmative defense that the individual who is under 21
years old presented identification, with a photograph of such individual affixed thereon, to the accused and the
identification set forth information which would lead a reasonable person to believe such individual was 21 years old or
older.
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§ 1314. Medical marijuana provision not affected.
Nothing in this chapter may be construed to limit any privileges or rights of a medical marijuana patient, primary
caregiver, or medical marijuana compassion center under the Delaware Medical Marijuana Act, Chapter 49A of Title 16.
§ 1315. Oversight Committee; annual report by the Commissioner.
(a) The Delaware Marijuana Control Act Oversight Committee is established to evaluate and make
recommendations regarding the implementation of this chapter.
(1) The Oversight Committee shall consist of 15 members who possess the qualifications and are appointed as
follows:
a. The Secretary of the Department, or designee appointed by the Secretary.
b. The Director of the Division of Revenue, or the Director’s designee.
c. The Director of the Division of Public Health, or the Director’s designee.
d. The Director of the Division of Substance Abuse and Mental Health, or the Director’s designee.
e. The Director of the Delaware Medical Marijuana Program, or the Director’s designee.
f. The Chief Officer of the Division of Diversity and Inclusion, of the Chief Officer’s designee.
g. The Director of the Small Business Division, or the Director’s designee.
h. 1 member of the House of Representatives, appointed by the Speaker of the House of Representatives.
i. 1 member of the Senate, appointed by the President Pro Tempore of the Senate.
j. 1 marijuana advocate from each county appointed by the Speaker of the House of Representatives.
k. 1 marijuana advocate from each county appointed by the President Pro Tempore of the Senate.
(2) The members of the Oversight Committee shall serve at the pleasure of the appointing authority.
(3) A quorum shall consist of a majority of the membership of the Oversight Committee.
(4) The Oversight Committee shall select a chair and vice chair from among its members.
(5) Staff support for the Oversight Committee shall be provided by the Division.
(6) The Oversight Committee shall meet at least 2 times per year for the purpose of evaluating and making
recommendations to the Governor, the General Assembly, and the Department regarding the following:
a. The ability of consumers in all areas of the State to obtain legal marijuana.
b. The sufficiency of the regulatory and security safeguards under this chapter and adopted by the
Commissioner to ensure that access to and use of marijuana cultivated is provided only to individuals age 21 or
over.
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c. Any recommended additions or revisions to the Commissioner’s regulations or this chapter, including
relating to security, safe handling, labeling, and nomenclature.
d. Any research studies regarding health effects of using marijuana.
e. The impact of the Delaware Marijuana Control Act on decreasing the illegal sales and production of
marijuana.
f. The impact of the Delaware Marijuana Control Act on other aspects of public safety, including the
incidence of people driving under the influence, using marijuana in places or in a manner prohibited by this
chapter, and the use of prescription opioids and illegal opioids.
g. Any research and recommendations to implement current best practices for the development of a
diverse workforce among marijuana establishments, including diversity among employees, licensees, and owners
of marijuana establishments.
(b) The Commissioner shall submit to the Governor and members of the General Assembly an annual report
setting forth all matters of interest and all statistics concerning marijuana regulation and control in the State, including the
following:
(1) The number of licenses of each kind issued within the State and the number cancelled during the year.
(2) The amount of marijuana and marijuana products sold within the State.
(3) Statistics regarding diversity among marijuana establishments, including diversity of employees, licensees,
and owners of marijuana establishments.
(4) Outcomes and effectiveness of the issuance of social equity licenses which shall include all of the
following:
a. The number of and types of social equity licenses issued.
b. The number of persons or entities receiving financial assistance, and from what source.
c. The location of the social equity licenses.
d. If applicable, the number of new jobs or other forms of economic output created as a result of the
social equity licenses.
(5) Other data as may make a complete report to the people of this State.
(c) If marijuana is decriminalized under federal law, the Commissioner shall submit a report to the Governor and
the General Assembly evaluating the state’s compliance with federal law and make recommendations as to any changes
needed in this State’s marijuana law to be compliant with federal law.
§ 1316. Protections for conduct authorized by this chapter.
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(a) A public officer or employee of the State, including the members of any board, commission, conservation
district or agency of the State, whether elected or appointed, and whether now or previously serving as such, and any
contractor or volunteer performing work for the State, whose job functions include, assist, support, regulate, approve, or
authorize any of the conduct authorized by this chapter are not subject to arrest, prosecution, or the denial of any right or
privilege, including any criminal or civil penalty or disciplinary action by a court or occupational or professional licensing
board or bureau where the conduct of the public officer or employee, contractor, or volunteer meets all of the following:
(1) The conduct arises out of or relates to activities required or authorized by this chapter.
(2) The conduct was carried out as authorized by this chapter or regulations authorized by this chapter.
(3) The conduct was carried out in good faith.
(b) A public officer or employee of the State, including the members of any board, commission, conservation
district or agency of the State, whether elected or appointed, and whether now or previously serving as such, and any
contractor or volunteer performing work for the State, whose job functions include, assist, support, regulate, approve, or
authorize any of the conduct authorized by this chapter is entitled to the same rights and privileges set forth in § 3925 and §
4002 of Title 10.
§§ 1317-1320. Reserved.
Subchapter II. Marijuana Commissioner and Appeals Commission.
§ 1321. Marijuana Commissioner; Appeals Commission; qualifications; appointment; term; compensation.
(a) The Commissioner must be a resident of this State and suitably educated and experienced to carry out the
duties and responsibilities set forth in this chapter.
(b) The Commissioner and the 3 members of the Appeals Commission, consisting of 1 member from each County,
shall be appointed by the Governor and confirmed by a majority of the members elected to the Senate and shall serve at the
pleasure of the Governor. The Governor shall make initial nominations for the Commissioner and the 3 members of the
Appeals Commission within 90 days of [the effective date of this Act].
(c) The Commissioner may name a Deputy Commissioner. The Commissioner may, during an absence from the
State, appoint the Deputy Commissioner to serve as Acting Commissioner during such absence. In the event of death,
resignation, temporary incapacity, or removal of the Commissioner, and prior to the appointment of a successor, the
Governor may appoint the Deputy Commissioner, or such other person as deemed qualified by the Governor, to serve as
Acting Commissioner. The Acting Commissioner has all the powers and shall perform all the duties and functions of the
Commissioner during the Commissioner's absence or incapacity or until a successor is qualified and appointed.
(d) The Commissioner is to be compensated as provided for in the Annual Budget Act.
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(e) The members of the Appeals Commission are to be compensated at the rate of $150 per meeting together with
the reasonable expenses for no more than 12 meetings per year.
(f) The Appeals Commission shall meet and elect a chair who shall convene meetings of the Commission as
frequently as needed to consider appeals of the Commissioner's decision.
§ 1322. Duties and powers of the Commissioner.
(a) The Commissioner, in accordance with the Administrative Procedures Act, Chapter 101 of Title 29, shall do all
of the following:
(1) Adopt rules and regulations consistent with § 1331 of this title and other provisions of this chapter or of
any other law of this State, and all such rules and regulations have the force and effect of law. A rule or regulation may
not extend, modify, or conflict with any law of this State or the reasonable implications thereof. A rule or regulation
adopted under this paragraph (a)(1) of this section must focus primarily on public safety and the best interests of the
consumer and may not unduly restrict competition within the marijuana industry.
(2) Maintain ongoing communication with the Department of Agriculture regarding the physical address
where marijuana or hemp is cultivated. Prior to issuing any license for cultivation of marijuana, the Commissioner
shall notify the Department of Agriculture of a proposed location of any marijuana cultivation establishment, and take
into consideration any concerns by the Department of Agriculture as it relates to the indoor and outdoor cultivation of
marijuana.
(3) Establish rules and regulations for the effective control of the business of cultivation, manufacture, and
sale of marijuana and marijuana products within the State, including the time, place, and manner in which marijuana
and marijuana products may be sold and dispensed, not inconsistent with § 1331 of this title and other provisions of
this chapter or with any other law of this State.
(4) Establish health and safety regulations for the indoor and outdoor cultivation of marijuana by marijuana
establishments under this chapter. Such rules and regulations under this section must be consistent with applicable
rules and regulations established under the regulatory authority of the Department of Agriculture and the Department
of Natural Resources and Environmental Control and may include all of the following:
a. Prohibition of the use of pesticides that are neither organic nor federally approved for marijuana.
b. Standards for the use of carbon dioxide.
c. Standards for water use.
d. Standards for disposal of waste.
e. Standards for indoor and outdoor air quality.
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(5) Grant, refuse, suspend, or cancel licenses required by this chapter for the cultivation, manufacture, or sale
of marijuana and marijuana products, or other licenses required by this chapter in regard thereto and to transfer any
license granted. The Commissioner must provide the applicant or licensee with written communication regarding any
decision to grant, refuse, suspend, or cancel licenses required by this chapter for the cultivation, manufacture, or sale of
marijuana and marijuana products, or other licenses required by this chapter in regard thereto, and when transferring
any license granted.
(6) Hear complaints in regard to the conduct of business in any establishment where marijuana or marijuana
products are licensed to be sold upon receipt of a petition signed by at least 10 individuals who are residents of the
same neighborhood. Ten days' notice of such hearings, together with a recital of the complaint, must be sent by the
Commissioner’s office by registered mail to the address of the holder of the license for the establishment. Like notice
must be delivered at the establishment by affixing the notice addressed to the holder of the license to the outside of an
entrance door to the establishment. The hearings must be public and conducted by the Commissioner. The
Commissioner, for the purpose of such hearings, has the power to issue subpoenas, compel the attendance of witnesses,
administer oaths, take testimony, and compel the production of pertinent books, payrolls, accounts, papers, records, and
documents. In case any person summoned to testify or to produce any such written or printed evidence refuses, without
reasonable cause, to be examined, to answer a legal and pertinent question, or to produce any such written or printed
evidence, the Commissioner conducting the hearing may certify the fact of any such refusal to the Superior Court of
the county in which such hearing is held and the court may proceed against the person so refusing as for a contempt
and punish such person in the same manner as persons are punished for contempt of court.
(7) Compel the attendance of witnesses and the production of contracts, papers, books, accounts, and other
documents. Subpoenas issued must be signed by the Commissioner and may be served by any sheriff, deputy sheriff,
constable, or any agent of the Division and return thereof made to the Commissioner. The Commissioner may enforce
compliance with a subpoena issued under this subsection by filing a motion to compel in the Superior Court, which
shall have jurisdiction over the matter. The court may award costs and attorney fees if it determines that
noncompliance with a Commissioner subpoena was unjustified, intentional, or in bad faith.
(8) Act, for purposes of this chapter, as the competent authority in connection with other matters pertinent
thereto.
(9) Provide such special seals, labels, and wrappers as deemed necessary for protection of the public against
imitations, adulterations, and frauds, and prescribe the proper use of the seals, labels, and wrappers.
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(10) Provide such warning signs as may be required by this chapter and distribute such signs to license holders
and promulgate regulations with respect to the posting of said signs. The Commissioner may charge a fee to cover
printing, handling, and distribution costs.
(11) Coordinate with the Division of Small Business, Development and Tourism to connect potential
marijuana establishments licensed under this chapter with programs that support business development, including
farms and programs that support small businesses owned by minorities, women, and veterans.
(12) Establish rules and regulations for the effective collection of data regarding retail sales of marijuana and
marijuana products by consumers to track compliance with possession limits.
(13) Consult with the Division of Alcohol and Tobacco Enforcement before adopting or establishing any rules
or regulations that concern enforcement.
(b) The Commissioner's decision on any appeal or hearing under this chapter must be in writing and is final and
conclusive unless a party to such hearing files an appeal within 30 days from the date of the postmark on the
Commissioner’s decision by mailing notice of the appeal to the Commissioner's office. Upon receipt of the appeal, the
Commissioner shall notify the chair of the Appeals Commission of the pending appeal and the chair shall convene the
Appeals Commission with at least 20 days’ notice to all parties. The Appeals Commission shall hear the appeal and shall
review the matter on the record; act in accordance with the Administrative Procedures Act, Chapter 101 of Title 29; and
affirm, reverse, or modify the decision of the Commissioner. A decision of the Commissioner may only be reversed upon a
finding of abuse of discretion.
(c) The Commissioner may appear before the Appeals Commission for any appeal of a Commissioner's decision
and may appeal any decision of the Appeals Commission or any decision of the Superior Court on appeal from the Appeals
Commission.
§ 1323. Oath of Office of Commissioner and employees.
The Commissioner, members of the Appeals Commission, and any hearing officer shall, on entering office, take
the oath or affirmation set forth in Article XIV of the Constitution of this State. Any other employee may be required to
take the oath or affirmation set forth in Article XIV of the Constitution of this State at the discretion of the Secretary of the
Department of Safety and Homeland Security.
§ 1324. Conflict of interest.
(a) The Commissioner, members of the Appeals Commission, and any hearing officer or such person's spouse, or
such person’s parent, son, or daughter residing at such person's residence, may not have a financial interest in any entity
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that sells, manufactures, cultivates, or uses marijuana; provided, however, such persons may invest in mutual funds or
similar financial instruments that hold no more than a 10% interest in any such entity.
(b) Neither the Commissioner nor any person employed in the office of the Commissioner shall receive any
commission or profit whatsoever from, or have any interest whatsoever in a business licensed under this chapter to
cultivate, manufacture, purchase, or sell marijuana or marijuana products; provided, however, that nothing in this section
shall prevent the Commissioner, a member of the Appeals Commission, a hearing officer, or an employee from purchasing
and keeping marijuana or marijuana products for the personal use of him or herself, or members of his or her family or his
or her guests if such purchase is otherwise permitted by this chapter.
(c) The Commissioner and the members of the Appeals Commission shall annually file the Financial Report
required under § 5813 of Title 29 with the Public Integrity Commission.
§ 1325. Commissioner's statement of interest in marijuana business.
When notified of appointment as Commissioner or to the Appeals Commission, the individual so notified shall
furnish in duplicate and in writing to the Governor and to the President Pro Tempore of the Senate a statement of every
interest, direct or indirect, and however small, held or owned by the individual as a member or as a stockholder in any
partnership, corporation, or other association engaged in the sale or in the cultivation or manufacture of marijuana or
marijuana products or in any undertaking, industry, or business in which marijuana or marijuana products are used or
required. Prior to taking the oath of office, the Commissioner and members of the Appeals Commission must wholly and
fully dispose of all interests, except those permitted by § 1324 of this chapter. One copy of the statement must be inserted in
the permanent records of the office of the Commissioner open to public inspection.
§ 1326. Employees of the Division; Commissioner.
The Department of Safety and Homeland Security shall appoint, employ, or dismiss every officer or employee, not
appointed by the Governor, necessary for carrying out the work of the Division, Appeals Commission, and Commissioner;
establish salaries, subject to the annual appropriation in the Budget Act; and assign official titles and duties. The
Department may engage the services of experts and persons engaged in the practice of a relevant profession. At the
discretion of the Secretary of the Department of Safety and Homeland Security, officers and employees of the Division
shall have the police powers of constables and other police officers of the State, counties, and other subdivisions of the
State; shall be conservators of the peace throughout the State; shall be eligible for certification by the Council on Police
Training; and may suppress all acts of violence and enforce the provisions of this chapter.
§ 1327. Property and profits of the office of the Commissioner.
All property owned by the office of the Commissioner and all associated profits are the property of the State.
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§§ 1328-1330. Reserved.
Subchapter III. Regulation and Licensure.
§ 1331. Regulations.
(a) The Commissioner shall adopt regulations necessary for implementation of this chapter. The regulations may
not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation
unreasonably impracticable. Regulations and fees for marijuana cultivation facilities may be varied based on the size of the
facility to ensure that the operation of smaller facilities is not made unreasonably impracticable. The Commissioner shall
include all of the following in the regulations:
(1) Procedures for the issuance, renewal, suspension, transfer, and revocation of a license to operate a
marijuana establishment with all procedures subject to the Administrative Procedures Act, Chapter 101 of Title 29.
(2) A competitive scoring process to determine which applicants may obtain licenses to operate each type of
marijuana establishment if more qualified applicants apply than the Commissioner may license under this subchapter
and that ensures applicants will follow best practices for community engagement, consumer protection, food safety,
worker safety, family support jobs, diversity, public safety, and environmental stewardship. The competitive scoring
process for retail marijuana stores must be varied to account for geographic distribution or population density, or both.
(3) The criteria for the competitive scoring process for all license types must include the following:
a. The applicants comprehensive business plan, including an annual budget and pro forma financial
statements.
b. The experience, training, and expertise of the applicant and managing officers.
c. The applicant’s plans for safety, security, and the prevention of diversion.
d. The applicant’s plans for operations, training, and staffing, including all of the following:
1. A social responsibility plan outlining diversity goals, including plans to recruit and hire people of
color, women, and veterans and to support their ownership and promotion within the organization, as well as
the percent of employees it plans to hire from within the respective city or region of the State.
2. A plan to provide a safe, healthy, and economically beneficial working environment with fair
scheduling practices, family-supporting wages, and benefits for its employees.
3. Any criminal, civil, or regulatory history encountered by other entities the applicant and managing
officers have previously controlled or managed.
4. The suitability of the proposed location for the facilities.
5. Any other criteria deemed appropriate by the Commissioner.
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(4) The criteria for the competitive scoring process for open license types must include the following:
a. The applicant’s submission of an attestation signed by a bona fide labor organization stating that the
applicant has entered into a labor peace agreement with such bona fide labor organization.
b. For applications for marijuana cultivation facility license and marijuana product manufacturing facility
license only, an environment and sustainability plan, including efforts it will take to minimize the environmental
impact, and resources needs of its facilities and other business operations, such as plans to minimize water usage,
employing organic cultivation methods, and adoption of other sustainable business practices.
(5) Except as provided in subpart B of this subchapter III of this chapter, a non-refundable $5,000 application
fee for all marijuana establishments that the Commissioner may adjust annually for inflation.
(6) Qualifications for licensure that are directly and demonstrably related to the operation of a marijuana
establishment.
(7) Procedures for how establishments licensed under this chapter must track marijuana from seed to sale.
(8) Security requirements for marijuana establishments, including lighting, physical security, video, and alarm
requirements.
(9) Requirements for the transportation and storage of marijuana and marijuana products by marijuana
establishments.
(10) Employment and training requirements for licensees, employees, and agents of marijuana establishments,
including the following:
a. That each marijuana establishment create an identification badge for each employee or agent.
b. That employees of retail marijuana store establishments be trained in recognizing valid identification
cards.
(11) Requirements to prevent the sale or diversion of marijuana and marijuana products to individuals under
the age of 21. To protect individual privacy, the Commissioner may not require a consumer to provide a retail
marijuana store with personal information other than government-issued identification to determine the consumer’s age
and a retail marijuana store may not be required to acquire and record personal information about consumers.
(12) Standards for marijuana product manufacturers to use so that consumers can determine the amount of
marijuana in each product and compare the amount of marijuana in different products based upon the standard
measurements, including a definition of the amount of delta-9 tetrahydrocannabinol that constitutes a single serving in
a marijuana product.
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(13) Requirements for marijuana and marijuana products sold or distributed by marijuana establishments,
including information for consumers and labeling requirements for marijuana products that include all of the following:
a. The length of time it typically takes for a product to take effect.
b. The amount of marijuana in the product using the standard established in this section, not to exceed 10
mg per serving.
c. The serving size and the number of servings in each package, not to exceed 10 servings.
d. Ingredients and possible allergens.
e. A nutritional fact panel.
f. The requirement that information on the packaging may not mislead consumers.
g. The specific batch number of the product.
h. Educational information for consumers to educate consumers, including evidence-based information
about how to interpret the information on the label, health effects, and potential interactions with prescription and
nonprescription medications.
i. Opaque, resealable, and continually child-resistant packaging, which must be designed or constructed to
be significantly difficult for children under 5 years of age to open and not difficult for an adult to use properly as
defined by 16 C.F.R. § 1700.20.
j. A standard symbol indicating edible marijuana products contain marijuana so that marijuana products
are clearly identifiable.
k. A warning label that explains evidence-based harms from consuming marijuana, including the impact
on developing brains, the impact on an individual’s ability to operate machinery, the impact on pregnant and
breastfeeding women, and any interference with prescription drugs.
l. A label that indicates the product is not for children.
m. All required information must be in typed, legible font that is easy to read, is unobstructed and
conspicuous, and contrasts sufficiently with the background. The information must be in English, but may also
include translations in additional languages.
(14) Health and safety regulations and standards for the manufacture of marijuana products by marijuana
establishments consistent with other State requirements for food, including all of the following:
a. Prohibition of the manufacture of products that look like candy or cartoon characters.
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b. Restrictions or prohibitions on additives to marijuana and marijuana-infused products, including
additives that are toxic, designed to make the product more addictive, or designed to make the product more
appealing to children, but not including common baking and cooking items.
c. Standards for the safe manufacture of marijuana extracts and concentrates.
d. Requirements for random sample testing, including the manner and frequency of testing, to ensure
quality control, including by ensuring that marijuana and marijuana-infused products are accurately labeled for
potency. The testing analysis must include testing for residual solvents, poisons, or toxins; harmful chemicals;
dangerous molds or mildew; filth; harmful microbials such as E. Coli or salmonella; and pesticides.
(15) Restrictions on the advertising, marketing, and signage of marijuana and marijuana products, including a
prohibition on mass-market campaigns that have a high likelihood of reaching minors.
(16) Restrictions on the display of marijuana and marijuana products, including requirements that marijuana
and marijuana products may not be displayed in a manner that is visible to the general public from a public right-of-
way.
(17) Requirements governing visits to cultivation facilities and product manufacturers, including the
requirement that these marijuana establishment log visitors.
(18) Requirements that educational materials be disseminated to consumers who purchase marijuana-infused
products.
(19) Standards for the operation of marijuana testing facilities, including requirements for equipment and
qualifications for personnel, which shall be based upon international standard ISO/IEC 17025. Marijuana testing
facilities shall achieve and maintain accreditation to ISO/IEC 17025 by an International Laboratory Accreditation
Corporation (ILAC) recognized accreditation body. The marijuana testing facilities shall achieve and maintain
accreditation within the first applicable licensing period.
(20) Civil penalties for the failure to comply with regulations made under this chapter.
(21) Procedures for receiving and processing consumer complaints about marijuana establishments.
Part A. Open Licenses.
§ 1332. Retail marijuana store licenses.
(a) A retail marijuana store license may only be issued to a person selling retail marijuana or retail marijuana
products under the terms and conditions of this chapter. A license issued under this section is valid for 2 years. Each
application for a retail marijuana store license must contain all of the following:
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(1) The application materials required by the Commissioner, including the location where the retail marijuana
store will operate.
(2) The application fee in an amount determined by the Commissioner.
(3) Materials required by § 1331(a)(3) and (4) of this chapter.
(b) A retail marijuana store licensee shall pay the Commissioner $10,000 biennially for the retail marijuana store
license. A retail marijuana store licensee must renew the license biennially by paying the fee required by this subsection
and by providing documentation of a labor peace agreement.
(c) A retail marijuana store may purchase retail marijuana from a licensed retail marijuana cultivation facility or
may cultivate its own retail marijuana if it obtains a retail marijuana cultivation facility license under § 1334 of this chapter.
(d) A retail marijuana store shall track all of its retail marijuana and retail marijuana products from the point that
they are transferred from a retail marijuana cultivation facility or retail marijuana products manufacturer to the point of sale.
(e)(1) A retail marijuana store licensee may also sell retail marijuana products that are prepackaged and labeled as
required by this chapter.
(2) A retail marijuana store licensee may transact with a retail marijuana products manufacturing licensee for
the purchase of retail marijuana products upon a retail marijuana products manufacturing licensee's licensed premises
or a retail marijuana store's licensed premises.
(f)(1) A retail marijuana store may not sell more than a personal use quantity of marijuana, except for nonedible,
nonpsychoactive retail marijuana products, including ointments, lotions, balms, and other nontransdermal topical products,
during a single transaction to an individual.
(2) Prior to initiating a sale to an individual, an employee of the retail marijuana store making the sale shall
verify that the purchaser has a valid government-issued photo identification card showing that the individual is 21
years of age or older. If an individual under 21 years of age presents a fraudulent proof of age, any action relying on
the fraudulent proof of age is not grounds for the revocation or suspension of any license issued under this section.
a. If a retail marijuana store licensee or employee has reasonable cause to believe that an individual is
under 21 years of age and is exhibiting fraudulent proof of age in an attempt to obtain any retail marijuana or
marijuana product, the licensee or employee is authorized to confiscate such fraudulent proof of age, if possible,
and shall, within 72 hours after the confiscation, remit it to a state or local law enforcement agency. The failure to
confiscate such fraudulent proof of age or to remit to a state or local law enforcement agency within 72 hours after
the confiscation does not constitute a criminal offense.
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b. If a retail marijuana store licensee or employee believes that an individual is under 21 years of age and
is exhibiting fraudulent proof of age in an attempt to obtain any retail marijuana or retail marijuana product, the
licensee or employee, employee of the Division, or any law enforcement officer as defined in § 222 of Title 11,
acting in good faith and upon reasonable grounds therefor, may detain and question such person in a reasonable
manner for the purpose of ascertaining whether the person is guilty of any unlawful act regarding the purchase of
retail marijuana. The questioning of an individual by an employee or a law enforcement officer does not render the
licensee, the employee, or the law enforcement officer civilly or criminally liable for slander, false arrest, false
imprisonment, malicious prosecution, or unlawful detention.
(h) A retail marijuana store must provide a sample of its products to a facility that has a marijuana testing facility
license for testing and research purposes as required by regulations adopted under this chapter. A retail marijuana store
shall maintain a record of what was provided to the testing facility, the identity of the testing facility, and the results of the
testing.
(i) All retail marijuana and retail marijuana products sold at a licensed retail marijuana store must be packaged and
labeled as required by this chapter.
(j) A retail marijuana store shall comply with all provisions of State and federal law in regard to individuals with
disabilities.
(k)(1) A retail marijuana store may only sell retail marijuana; retail marijuana products; marijuana accessories;
nonconsumable products such as apparel; and marijuana related products, such as childproof packaging containers. A retail
marijuana store is prohibited from selling or giving away any consumable product, including cigarettes or alcohol, or any
edible product that does not contain marijuana, including sodas, candies, or baked goods.
(2) A retail marijuana store may not sell any retail marijuana or retail marijuana products that contain nicotine
or alcohol if the sale of the alcohol would require a license under this title.
(3) A retail marijuana store may not sell retail marijuana or retail marijuana products over the Internet or
deliver retail marijuana or retail marijuana products to a person not physically present in the retail marijuana store's
licensed premises.
(l) A display case containing marijuana concentrate must include the potency of the marijuana concentrate next to
the name of the product using the standard established under this chapter.
(m) A properly registered compassion center under § 4914A of Title 16 who is issued a retail marijuana store
license issued under this subsection is considered a business registration separate and distinct from the registration issued
under § 4914A of Title 16.
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(n) Marijuana or marijuana products may not be consumed on the premises of a retail marijuana store.
§ 1333. Marijuana testing facility licenses.
(a) A marijuana testing facility license may be issued to a person who performs testing and research on retail
marijuana under the terms and conditions of this chapter. A license issued under this section is valid for 2 years. Each
application for a marijuana testing facility license must contain all of the following:
(1) The application materials required by the Commissioner, including the location where the marijuana
testing facility will operate.
(2) The application fee in an amount determined by the Commissioner.
(3) Materials required by § 1331(a)(3) and (4) of this chapter.
(b) A marijuana testing facility licensee shall pay the Commissioner $10,000 biennially for the marijuana testing
facility license. A marijuana testing facility licensee must renew the license biennially by paying the fee required by this
subsection and by providing documentation of a labor peace agreement.
(c) The Commissioner shall promulgate rules related to acceptable testing and research practices, including testing,
standards; quality control analysis; equipment certification and calibration; chemical identification; identifying other
substances; and other measurers used in bona fide research methods.
(d) A person who has a financial interest in a marijuana testing facility license from the Commissioner for testing
purposes may not have a financial interest in a registered compassion center, a marijuana cultivation facility, a marijuana
products manufacturing facility, or a retail marijuana store. A person that has a financial interest in a registered compassion
center, a marijuana cultivation facility, a marijuana products manufacturing facility, or a retail marijuana store may not
have a financial interest in a facility that has a marijuana testing facility license or is a registered safety compliance facility.
(e) Marijuana or marijuana products may not be consumed on the premises of a marijuana testing facility.
§ 1334. Marijuana cultivation facility licenses.
(a) A marijuana cultivation facility license may be issued only to a person who cultivates retail marijuana for sale
and distribution to licensed retail marijuana stores, marijuana products manufacturing licensees, or other marijuana
cultivation facilities under the terms and conditions of this chapter. A license issued under this section is valid for 2 years.
Each application for a marijuana cultivation facility license must contain all of the following:
(1) The application materials required by the Commissioner, including the location where the marijuana
cultivation facility will operate.
(2) The application fee in an amount determined by the Commissioner.
(3) Materials required by § 1331(a)(3) and (4) of this chapter.
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(b)(1) A marijuana cultivation facility shall pay the Commissioner biennially for a marijuana cultivation facility
license as set forth in this subsection (b). A marijuana cultivation facility licensee must renew the license bienially by
paying the fee set forth in this subsection (b) and by providing documentation of a labor peace agreement.
(2) The license fee is based on the cannabis plant grow canopy area, which is calculated as follows:
a. Square footage of a cannabis plant grow canopy area is measured horizontally starting from the
outermost point of the furthest plant in a cannabis plant grow canopy area and continuing around the outside of all
plants located within the cannabis plant grow canopy area.
b. If a vertically tiered or shelving system is included in the cultivation area, the surface area of each tier
or shelf must be included in calculating the cannabis plant grow canopy area. Vertical tiers or shelving systems
may not exceed 24 feet in height.
c. A cannabis plant grow canopy area is the total square feet in which a cannabis cultivator plants and
grows cannabis plants, and does not include areas exclusively used for harvesting, drying, curing, packaging,
labeling, or storing cannabis.
(3) a. For an indoor facility with a cannabis plant grow canopy area less than or equal to 2,500 square feet
or for an outdoor facility with a cannabis plant grow canopy area less than or equal to 1 acre, the fee is $2,500.
b. For an indoor facility with a cannabis plant grow canopy area equal to or between 2,501 and 7,500
square feet or for an outdoor facility with a cannabis plant grow canopy area equal to or between 1.1 and 2.5
acres, the fee is $5,000.
c. For an indoor facility with a cannabis plant grow canopy area between 7,501 and 10,000 square
feet or for an outdoor facility with a cannabis plant grow canopy area equal to or between 2.6 and 5 acres, the
fee is $7,500.
d. For an indoor facility with a cannabis plant grow canopy area equal to or greater than 10,001
square feet or for an outdoor facility with a cannabis plant grow canopy area equal to or greater than 5.1 acres,
the fee is $10,000.
(c) A marijuana cultivation facility shall track the marijuana it cultivates from seed or immature plant to sale
pursuant to subsection (a) of this section.
(d) A marijuana cultivation facility must provide a sample of its products to a facility that has a marijuana testing
facility license for testing and research purposes as required by regulations adopted under this chapter. A marijuana
cultivation facility shall maintain a record of what was provided to the testing facility, the identity of the testing facility, and
the testing results.
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(e) Marijuana or marijuana products may not be consumed on the premises of a marijuana cultivation facility.
(f) No marijuana cultivation facility license may be issued for an indoor facility with a cannabis plant grow canopy
area exceeding 12,500 square feet or for an outdoor facility with a cannabis plant grow canopy area exceeding 7.5 acres
unless additional tiers are created by the Commissioner under subsection (h) of this section.
(g) At the time of renewal under § 1334(b) of this chapter, a marijuana cultivation facility licensee may request a
one tier increase in size each renewal period, as long as an updated safety, security and prevention of diversion plan is
provided as required under § 1331(a)(3)c. of this chapter.
(h) The Commissioner may create additional tiers under § 1334(b) of this chapter anytime 2 years after [the
effective date of this Act] if demand requires additional tiers.
§ 1335. Marijuana product manufacturing facility license.
(a) A marijuana product manufacturing facility license may be issued only to a person who manufactures and
distributes marijuana products under the terms and conditions of this chapter. A license issued under this section is valid for
2 years. Each application for a marijuana product manufacturing facility license must contain all of the following:
(1) The application materials required by the Commissioner, including the location where the marijuana
product manufacturing facility will operate.
(2) The application fee in an amount determined by the Commissioner.
(3) Materials required by § 1331(a)(3) and (4) of this chapter.
(b) A marijuana product manufacturing facility licensee shall pay the Commissioner $10,000 biennially for the
marijuana product manufacturing facility license. A marijuana product manufacturing facility licensee must renew the
license biennially by paying the fee required by this subsection and by providing documentation of a labor peace
agreement.
(c) A marijuana product manufacturing facility shall track all of its marijuana products from the point the
marijuana is received from the retail marijuana cultivation facility until the products are transferred to a retail marijuana
store.
(d) A marijuana product manufacturing facility may not do any of the following:
(1) Add any marijuana to a food product where the manufacturer of the food product holds a trademark to the
food product's name; except that a manufacturer may use a trademarked food product if the manufacturer uses the
product as a component or as part of a recipe and where the marijuana product manufacturer does not state or advertise
to the consumer that the final retail marijuana product contains a trademarked food product.
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(2) Intentionally or knowingly label or package a retail marijuana product in a manner that would cause a
reasonable consumer confusion as to whether the retail marijuana product was a trademarked food product.
(3) Label or package a product in a manner that violates any federal trademark law or regulation.
(e) Retail marijuana products shall be prepared in a marijuana product manufacturing facility that is used
exclusively for the manufacture and preparation of retail marijuana or retail marijuana products and using equipment that is
used exclusively for the manufacture and preparation of retail marijuana products.
(f) All licensed premises on which retail marijuana products are manufactured must meet the sanitary standards for
retail marijuana product preparation promulgated under this chapter and as applicable under all of the following:
(1) Section 122(3)u of Title 16 and related regulations, the State of Delaware Food Code, § 4458 of Title 16 of
the Delaware Administrative Code, and the Cottage Food Regulations, § 4458A of Title 16 of the Delaware
Administrative Code.
(2) Chapter 35 of Title 16.
(3) Chapter 41 of Title 16.
(4) Chapter 43 of Title 16.
(g) All retail marijuana products must be shelf-stable and not require refrigeration to prevent spoilage.
(h) A retail marijuana product must be sealed and conspicuously labeled in compliance with this chapter and any
rules promulgated under this chapter.
(1) A marijuana product manufacturing facility shall package and label each product manufactured as required
by the rules established by the Commissioner, including the use of the standard symbol.
(2) An edible retail marijuana product must list its ingredients and may list its compatibility with dietary
practices.
(3) The standard symbol requirements as established by the Commissioner do not apply to a multi-serving
liquid retail marijuana product that is impracticable to mark if the product complies with all statutory and rule
packaging requirements for multi-serving edibles and with all of the following enhanced requirements to reduce the
risk of accidental ingestion:
a. A multi-serving liquid is packaged in a structure that uses a single mechanism to achieve both child-
resistance and accurate pouring measurement of each liquid serving in increments equal to or less than 10
milligrams of active THC per serving, with no more than 500 milligrams of active THC total per package.
b. The measurement component is within the child-resistant cap or closure of the bottle and is not a
separate component.
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(i) Retail marijuana or retail marijuana products may not be consumed on the premises of a marijuana product
manufacturing facility.
(j) A marijuana product manufacturing facility must provide a sample of its products to a facility that has a
marijuana testing facility license for testing and research purposes as required by regulations adopted under this chapter. A
marijuana product manufacturing facility shall maintain a record of what was provided to the testing facility, the identity of
the testing facility, and the results of the testing.
Part B. Social Equity and Microbusiness Licenses.
§ 1336. Social equity applicant.
A social equity applicant is a Delaware resident that meets one of the following criteria:
(a) An applicant for any type of license with at least 51% ownership and control by 1 or more individuals who
have resided for at least 5 of the preceding 10 years in a disproportionately impacted area.
(b) An applicant for any type of license with at least 51% ownership and control by 1 or more individuals who
meets one of the following criteria:
(1) Was convicted of or adjudicated delinquent for any marijuana-related offense except any of the following:
a. Delivery to a minor.
b. Any marijuana offense with a Tier 3 quantity of marijuana as defined in § 4751(c) of Title 16.
c. The functional equivalent of the offenses described in (b)(1)a. or b. of this section under the laws of the
United States, any state or territory of the United States, or any other country.
(2) Is married to or the child of a person who was convicted of or adjudicated delinquent for any marijuana-
related offense.
§ 1337. Social equity application and fees.
(a) A social equity license issued under Part B of this subchapter is valid for 2 years. Each application for a social
equity license must contain all of the following:
(1) The application materials required by the Commissioner.
(2) The discounted application fee in the amount of $1,000.
(3) Materials required by § 1331(a)(3) and (a)(4) of this chapter.
(b) A social equity licensee shall pay the Commissioner biennially for the social equity license at a discounted rate
of 40% of the applicable open license. A social equity licensee must renew the license biennially by paying the fee required
by this subsection, providing confirmation that all of the criteria in § 1336 of this title are satisfied, and by providing
documentation of a labor peace agreement.
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§ 1338. Technical assistance.
The Commissioner shall develop a technical assistance program to aid social equity applicants in applying for a
license and finding financial resources. The Commissioner may partner with the Division of Small Business to administer
workshops to assist social equity applicants and licensees in applying for a license and operating a business.
§ 1339. Financial assistance.
The Commissioner shall investigate opportunities for public and private sources of financial assistance that could
support social equity applicants.
§1340 Microbusiness license.
A microbusiness applicant is an applicant for a marijuana cultivation facility license or a marijuana product
manufacturing license who meets all the following criteria:
(1) 51% ownership and control by 1 or more individuals who have resided in Delaware for at least 5 of the
preceding 10 years.
(2) Intends to employ no more than 10 employees.
(3) Will not operate a facility with a cannabis plant grow canopy area greater than 2500 square feet.
(4) Will not possess more than 1,000 marijuana plants each month.
§ 1341. Microbusiness application and fees.
(a) A microbusiness license issued under Part B of this subchapter is valid for 2 years. Each application for a
microbusiness license must contain all of the following:
(1) The application materials required by the Commissioner.
(2) The discounted application fee in the amount of $3,000.
(3) Materials required § 1331(a)(3) and (a)(4) of this chapter.
(b) A microbusiness licensee shall pay the Commissioner biennially for the microbusiness license at a discounted
rate of 40% of the applicable open license. A microbusiness licensee must renew the license biennially by paying the fee
required by this subsection and by providing confirmation that all of the criteria in § 1340 of this chapter are satisfied.
§ 1342. Conditional license.
The Commissioner may grant a social equity or microbusiness applicant a conditional license under this section.
Any applicant who receives a conditional license shall have 180 days from the date of the granting of the conditional
license to identify a physical location for the location of the licensed premises. The proposed licensed premises must be
approved by the Commissioner. If the applicant is unable to find a suitable physical address approved by the Commissioner
within 180 days of issuance of the conditional license, the Commissioner may extend the period for finding a physical
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address for another 180 days if the conditional licensee demonstrates concrete attempts to secure a location and a hardship
to securing the location. If the Commissioner denies the extension of the conditional license or the licensee is unable to find
a physical address approved by the Commissioner within the additional 180 days, the Commissioner shall rescind the
conditional license.
Part C. Issuance of All Licenses.
§ 1343. Licensing Process.
(a) Beginning 13 months after [the effective date of this Act], the Commissioner shall begin accepting applications
for all licenses, including open, social equity, and microbusiness licenses.
(b) Beginning 14 months after [the effective date of this Act], the Commissioner shall begin issuing licenses.
(c) Beginning 15 months after [the effective date of this Act], the Commissioner shall issue the following number
of cultivation facility licenses provided a sufficient number of qualified applicants exist:
(1) Indoor facility with a cannabis plant grow canopy area less than or equal to 2500 square feet or an outdoor
facility with a cannabis plant grow canopy area less than or equal to 1 acre:
a. 20 microbusiness licenses.
b. 10 social equity licenses.
(2) Indoor facility with a cannabis plant grow canopy area greater than 2500 square feet or an outdoor facility
with a cannabis plant grow canopy area greater than 1 acre:
a. 20 open licenses.
b. 10 social equity licenses.
(d) Beginning 16 months after [the effective date of this Act], the Commissioner shall issue the following number
of product manufacturing facility licenses provided a sufficient number of qualified applicants exist:
(1) 10 open licenses.
(2) 10 social equity licenses.
(3) 10 microbusiness licenses.
(e) Beginning 19 months after [the effective date of this Act], the Commissioner shall issue the following number
of licenses provided a sufficient number of qualified applicants exist:
(1) Retail store licenses:
a. 15 open licenses.
b. 15 social equity licenses.
(2) Testing facility licenses:
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a. 3 open licenses.
b. 2 social equity licenses.
(f) Impossibility of performance because of opposition by localities or lack of qualified applications is a defense to
any lawsuit brought against the Commissioner to comply with the issuance of the required number of licenses.
(g) At any time 2 years after [the effective date of this Act], the Commissioner may accept applications for any
type of license and issue licenses in excess of the numbers identified in this section for any of the following reasons:
(1) The Commissioner determines that additional stores or facilities are needed.
(2) The number of licenses for a particular type of license is less than the number permitted for that type of
license in this section.
§§ 1344-1350. Reserved.
Subchapter IV. Determination of Applications.
§ 1351. Local control.
(a) A municipality may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing
facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or through an
initiated or referred measure.
(b) A municipality or county may enact ordinances or regulations that are not in conflict with this chapter or in
conflict with regulations enacted by the Commissioner , governing the time, place, manner, and number of
marijuana establishment operations. A municipality or county may establish civil penalties for violation of an ordinance or
regulations governing the time, place, and manner that a marijuana establishment may operate in such municipality or
county.
§ 1352. Procedural requirements governing Commissioner's action; hearing; appeal.
(a) The Commissioner shall distribute and receive all of the applications for licensure under this chapter and shall
refer an application to the Division for investigation. If it appears that any application should not be granted, the
Commissioner shall timely notify the applicant stating the reason for denial.
(b) Hearings on applications for licensure under this chapter.
(1) If 10 or more persons who reside or own property within 1 mile of the premises where the license is to
operate or in any incorporated areas located within 1 mile of the premises where the license is to operate file a protest
against the issuance of the license with the Commissioner within 30 days from the filing of the application, then a
hearing must be held to consider the application and protest and, specifically, the concerns of the members of the
community within which the license is to operate.
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(2) The Commissioner may hold a hearing in the absence of a protest.
(3) The Commissioner shall cause notice of the time and location of the hearing to be published in 2
consecutive issues of the same newspapers within which the applicant published notice of the applicant's application
for the license.
(4) The Commissioner shall send notice of the time and location of the hearing to the applicant and to each of
the persons who signed the protest and provided a legible name and address; provided, however, that it is sufficient for
the Commissioner to send notice to a legal agent representing a person.
(5) The Commissioner shall conduct the hearing and shall make and keep a record of the hearing. The record
must include the evidence, the Commissioner's findings of fact, the Commissioner's decision, and a brief statement of
the reasons for the decision.
(6) The Commissioner shall issue a written decision after the hearing. The Commissioner's decision must
show the manner in which the Commissioner construed the law and applied it to the facts, must recite any objections
presented by the community, and must show how and the extent to which the Commissioner took community concerns
into account and gave them due consideration when making the decision.
(c) The Commissioner's decision on an application must be in writing and is final and conclusive unless a party to
such hearing files an appeal within 30 days from the date of the postmark on the Commissioner's decision by mailing notice
of the appeal to the Commissioner’s office. Upon receipt of the appeal, the Commissioner shall notify the chair of the
Appeals Commission of the pending appeal and the chair shall convene the Appeals Commission with at least 20 days'
notice to all parties. The Appeals Commission shall hear the appeal and shall review the matter on the record; act in
accordance with the Administrative Procedures Act, Chapter 101 of Title 29; and affirm, reverse, or modify the decision of
the Commissioner. A decision of the Commissioner may only be reversed upon a finding of abuse of discretion.
(d) A party who is aggrieved by a final decision of the Appeals Commission may file a written appeal with the
Superior Court within 30 days of the date that the Appeals Commission's decision was mailed. The Superior Court's review
of an appeal shall be on the record and in accordance with the Administrative Procedures Act, subchapter V of Chapter 101
of Title 29. The Superior Court's review shall take into account the experience and specialized competence of the
Commissioner and the purpose under which the Commissioner acted. Further, the Superior Court's review, in the absence
of fraud, shall be limited to whether the Commissioner's decision is supported by substantial evidence on the record and is
free from legal error.
§ 1353. Decision upon application for renewal of license; time of making.
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On or before the first day of the month preceding the biennial expiration date of a license, the Commissioner shall
render a decision upon every application properly and completely made to it on or before the first day of the third month
preceding the biennial expiration date of a license.
§ 1354. Grounds for refusal of license; transfer or extension of premises.
(a) The Commissioner may not grant a license under this chapter in any county or subdivision thereof, if granting a
license is contrary to the law of any municipality or county adopted under § 1351 of this chapter.
(b) The Commissioner may refuse to license an applicant if the Commissioner has substantial evidence that would
reasonably support a belief that any of the following apply:
(1) There are sufficient licensed premises in the municipality or county, or the granting of a license in the
municipality or county stated in the application is not otherwise demanded by public interest or convenience.
(2) The applicant is financially irresponsible.
(3) The applicant has made false statements to the Commissioner.
(4) The applicant, including any of the applicant's directors or officers, or any of the applicant's shareholders
who hold more than 10% of the outstanding issued shares, has been convicted of an offense that may impact the
qualifications, functions, or duties of the business or profession for which the application is made, except that if the
Commissioner determines that the applicant is otherwise suitable to be issued a license, and granting the license would
not compromise public safety, the Commissioner shall conduct a thorough review of the nature of the crime,
conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the
applicant to be issued a license based on the evidence found through the review. In determining which offenses may
impact the qualifications, functions, or duties of the business or profession for which the application is made, the
Commissioner shall include the following:
a. A violent Title 11 or Title 31 felony conviction as defined in §4201(c) of Title 11 or its functional
equivalent under the laws of the United States, any state or territory of the United States, or any other country.
b. Any Class A through C felony conviction as defined in Title 11 or its functional equivalent under the
laws of the United States, any state or territory of the United States, or any other country.
c. Any felony conviction regarding an offense against public administration as defined in Subchapter VI,
Chapter 5, of Title 11 or its functional equivalent under the laws of the United States, any state or territory of the
United States, or any other country.
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d. A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving
away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing,
offering to furnish, administering, or giving any controlled substance to a minor.
e. Any felony conviction as defined in Chapter 47 of Title 16 or its equivalent under the laws of the
United States, any state or territory of the United States, or any other country.
f. Any felony conviction as defined in Chapter 5 of Title 30 or its equivalent under the laws of the United
States, any state or territory of the United States, or any other country.
(5) A substantial objection to the granting of the license has been presented by the community within which
the license is to operate, or that the granting of such license is otherwise not in the public interest. For the purposes of
this subsection, the term "substantial objection" includes 1 or more of the following:
a. Any objection, or group of objections, presented to the Commissioner either individually or as a group,
by persons who reside within 5 miles of where the licensee is to operate, sufficient to give the Commissioner
reason to believe that a majority of the residents in that 5 mile radius within which the licensee is to operate
oppose the issuance of the license.
b. Any objection, or group of objections, presented to the Commissioner either individually or as a group,
the content of which gives the Commissioner reason to believe the quality of life of the community within which
the licensee is to operate will be adversely affected by the granting of the license.
(c) Except as set forth in subsection (b) of this section, a prior conviction, for possession of, possession for sale,
sale, manufacture, transportation, or cultivation of a controlled substance may not be a ground for denial of a license.
(d) The Commissioner may refuse to grant a license to sell marijuana, marijuana products, or marijuana
accessories to any new establishment to be located in the vicinity of a church, school, college or substance abuse treatment
facility as defined under § 2203 of Title 16. The Commissioner may issue a license to any establishment located in the
vicinity of a church, school, or college when such establishment has been located in a place prior to the time any church,
school, or college may thereafter be located in the vicinity of such establishment.
(e) The Commissioner shall refuse to grant a license for the sale of marijuana, marijuana products, or marijuana
accessories when there is an existing licensed establishment of the same type within 1200 feet by accessible public road or
street in any incorporated city or town, or within 1 mile by accessible public road or street in any unincorporated or rural
area. If there is an existing licensed establishment less than 1 mile but more than nine tenths of 1 mile by accessible public
road or street in any unincorporated or rural area, the Commissioner may grant such license. This subsection does not apply
to any of the following:
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(1) Any existing license or to the sale, transfer of ownership, or renewal of an existing license.
(2) Any licensee who desires to move the location of the licensee’s license to a location within 500 feet
thereof by accessible public road or street or any licensee located in a shopping center or shopping mall who desires to
move the location of the licensee’s license any distance within the same shopping center or shopping mall, whether
such center or mall consists of 1 or more than 1 separate buildings.
(f) Any holder of an existing license who desires to move the location of the existing license due to the destruction
of the building, loss of lease, diversion of highway traffic pattern, or other reason beyond the control of the licensee, shall
have preference in the issuance of a new license provided that the application satisfies this section and all other
requirements under this chapter.
(g) The Commissioner may not grant a new license of any type and may not grant an extension of premises of an
existing license of any type unless the application for said new license or for said extension is accompanied by a Certificate
of Compliance from the appropriate political subdivision showing all of the following:
(1) That the premises where the license is to be used are properly zoned for the applicant's intended use.
(2) That all necessary permits have been approved.
(3) That the applicant has complied with all other applicable licensing requirements of the appropriate
political subdivision.
(h) Subsection (g) of this section does not apply to any application for a temporary extension of premises as
authorized by Commissioner rule if such application has not been objected to by the appropriate political subdivision and
the political subdivision was provided with notice of the application by the applicant within 7 days of the date the
application is filed with the Commissioner.
§ 1355. Finality of Commissioner's decision refusing license.
If an application is not timely protested, but the Commissioner determines that the application should nevertheless
be denied, the Commissioner shall render the decision promptly in writing. The Commissioner's decision shall be final and
conclusive unless, within 30 days after notice thereof has been mailed by the Commissioner's office, the applicant files an
appeal in the office of the Commissioner. The appeal shall follow the procedure outlined in § 1362 of this chapter.
§ 1356. Improvements to premises.
The Commissioner may not require an applicant to make improvements to the premises before the issuance of a
license; however, the Commissioner may issue a license to sell marijuana, marijuana products, or marijuana accessories
upon the condition that certain improvements shall be made to the premises.
Subchapter V. Cancellation or Suspension of License.
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§ 1361. Grounds for cancellation, suspension, or fines.
(a) The Commissioner may cancel every license made use of on behalf of any person other than the one to whom
or on behalf of whom it has been issued.
(b) If the Commissioner has reasonable grounds to believe that a licensee has committed any of the violations in
subsection (c) of this section, the Commissioner may do one or more of the following:
(1) Suspend the licensee’s license.
(2) Cancel the licensee’s license if the Commissioner determines the violations to be repeated and continuous,
or egregious.
(3) Fine the licensee.
(c) It is a violation for a licensee to do any of the following:
(1) Violate any provision of this chapter, any regulation of the Commissioner, or any applicable regulation of
the Department of Health and Social Services.
(2) Make any false representation or statement to the Commissioner in order to induce or prevent action by the
Commissioner.
(3) Not maintain an acceptable bond, if a bond is required.
(4) Maintain a noisy, lewd, disorderly, or unsanitary establishment or supply impure or otherwise deleterious
marijuana or marijuana products.
(5) Habitually use dangerous or narcotic drugs, or habitually uses alcoholic beverages or marijuana to excess.
(6) Sell marijuana or marijuana products to minors in contravention of § 1313 of this chapter.
(7) Possess on the licensee's licensed premises or sell or offer for sale any marijuana or marijuana products not
purchased or sold in compliance with this chapter.
(8) Use any seal, labels, or wrapper not purchased from or through the Commissioner which are deceptively
similar to those used by the Commissioner.
(9) Be convicted of a felony or be convicted of violating any of the marijuana laws of this State, general or
local, including the provisions of this chapter.
(10) Admit guilt or be adjudged guilty of violations of local, municipal, county, or State regulations,
ordinances, or codes related to the operation of a licensed premises.
(11) Discipline, threaten, or otherwise penalize any person for refusing to violate or aiding the enforcement of
the provisions of this chapter or the rules of the Commissioner.
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(d) Notwithstanding subsection (b) of this section, the Commissioner may cancel or suspend a license if there is
any other reason which, in the opinion of the Commissioner, warrants cancelling or suspending the license.
(e) The Commissioner may not cancel or suspend any license for the sale of marijuana products or impose any fine
for an alleged violation of § 1307 or § 1313 of this chapter where the licensee or its employee has made a reasonable effort
to determine the age of a purchaser of the marijuana products. For purposes of this subsection, a licensee or its employee is
deemed to have made a reasonable effort to determine the age of a purchaser if, prior to any sale of marijuana products, the
licensee or its employee requires the purchaser to display identification, with a photograph of the purchaser thereon affixed,
which sets forth information that would lead a reasonable person to believe the purchaser to be 21 years of age or older.
(f) The Commissioner may also suspend a license for any of the grounds for refusal of a license under § 1354 of
this chapter.
(g) The Commissioner may cancel any retail license if it has reasonable grounds to believe that the license was
granted in violation of this chapter, or any regulation enacted pursuant to § 1331 of this chapter.
§ 1362. Public hearing and right of appeal.
(a) The Commissioner may not cancel or suspend a license, or fine a licensee, before both of the following occur:
(1) The licensee has been given a public hearing by the Commissioner at which time the licensee is entitled to
legal representation and to present witnesses.
(2) The ground for canceling or suspending a license is established by clear and convincing evidence.
(b) The Commissioner shall keep a full and complete record of all proceedings incident to a hearing under
subsection (a) of this section. The Commissioner shall record all testimony at such hearing, but need not have it transcribed
unless an order of the Commissioner is appealed to the Superior Court under subsection (c) of this section.
(c) An order of the Commissioner relative to suspension or cancellation of a license, or fining a licensee, becomes
final 10 days after the licensee receives notice thereof, unless, within 10 days of the date of the postmark on the
Commissioner's decision, a written appeal is filed in the Superior Court. No bond may be required for filing such appeal.
(d) The appeal must state the grounds upon which a review is sought. After the appeal is filed, service shall be
made by the Sheriff upon the Commissioner. The Commissioner shall certify and file with the court all documents and
papers and a transcript of all testimony taken in the matter, together with the Commissioner's findings therein as soon as
practicable but in no event later than 20 calendar days from the date of service of the appeal. The Superior Court's review of
an appeal shall be on the record and the Superior Court shall take into account the experience and specialized competence
of the Commissioner and the purpose under which the Commissioner acted. Further, the Superior Court's review, in the
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absence of fraud, shall be limited to whether the Commissioner's decision is supported by substantial evidence on the
record and is free from legal error.
(e) An appeal without bond may be taken from the decision of the Superior Court to the Supreme Court in the
same manner as is provided in civil cases. Upon the final determination of judicial proceedings, the Commissioner shall
enter an order in accordance with such determination, or shall take such further or other action as the Court may order. A
petition for Supreme Court review shall act as a supersedeas.
§ 1363. Effect of cancellation or surrender of license; notice.
(a) The cancellation or acceptance of a surrender of a license entails the loss of the privilege conferred by the
license and entails the acceptance of or the seizure by the Commissioner of any marijuana or marijuana products found in
the possession of the licensee, except those which occur solely by reason of the death of the licensee.
(b) Notice of the order of the cancellation or acceptance of the surrender of a license may be served by an officer
designated by the Commissioner; by affixing a duplicate thereof to the outside of the entrance door of the licensed
premises; by leaving a duplicate with the holder of the license, or with any member of the family of the holder over the age
of 18 years at the residence of the holder; or otherwise as in the judgment of the Commissioner will give notice of such
cancellation or acceptance of the surrender. All cancellations or acceptances of surrender of a license take effect as soon as
the order is served.
(c) The cancellation or acceptance of surrender of a license does not prevent the filing of any criminal proceedings
for any offense against the licensee while the license was in force. No conviction obtained for any offense prevents the
Commissioner from cancelling a license or from making at the same time a seizure of marijuana or marijuana products as
provided in this title.
(d) The Commissioner shall adopt regulations for seizure of marijuana and marijuana products that preserves and
does not destroy the marijuana or marijuana products.
§ 1364. Payments to former licensee.
The Commissioner shall, within 30 days of the date of the cancellation or acceptance of surrender of a license,
remit to the former licensee a part of the license fee which has been paid and pertains to the unexpired term of the license.
In addition, the Commissioner shall remit to the former licensee the amount originally received by the Commissioner from
the former licensee in payment for such marijuana or marijuana products accepted or seized as remains in packages sealed
by the Commissioner, after paying or deducting therefrom all reasonable costs and expenses incurred by the Commissioner
by reason of the acceptance or seizure of the marijuana or marijuana products of the former licensee. When other legally
acquired marijuana or marijuana products have been accepted or seized under this section, the fair market value thereof as
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determined by the Commissioner must be remitted by the Commissioner to the former licensee, after paying or deducting
therefrom all reasonable costs and expenses incurred by the Commissioner by reason of the acceptance or seizure of the
marijuana or marijuana products of the former licensee. No payment may be made for illegally acquired marijuana or
marijuana products that have been seized under this section.
Subchapter VI. Transfer of License; Death of Licensee
§ 1366. Transfer of license.
(a) The rights conferred by a license may be transferred by the Commissioner to any representative designated by
the person to whom or on behalf of whom the license was originally granted, if such representative is a person approved by
the Commissioner. In the case of death of a licensee, the Commissioner may transfer the license to a qualified person
recommended by the executor or administrator of the estate of the deceased licensee.
(b) In instances where the Commissioner has approved the transfer of a license, all matters concerning marijuana
inventories must be handled directly between the transferor and the transferee and all payments must be made directly and
not through the Commissioner.
(c) A social equity or microbusiness license may not be transferred to a person who would not meet the criteria for
the issuance of an original social equity or microbusiness license.
§ 1367. Death of licensee; payments to licensee's estate.
If any licensee dies and no application is made for transfer of the license, or the Commissioner refuses to permit
the transfer of the license to another person, the Commissioner shall return to the legal representative of such deceased
licensee a share of the license fee received by the Department proportionate to the number of full calendar months of the
unexpired term. If the marijuana or marijuana products in possession of the licensee at the time of the licensee's death are
delivered to the Commissioner and the Commissioner ascertains that such marijuana or marijuana products have been
received by the deceased licensee according to law, the Commissioner must pay to the legal representative the amount
originally received by the Commissioner for such marijuana or marijuana products less 10% thereof, or the appraised value
less 10% thereof.
§§ 1368-1370. Reserved.
Subchapter VII. Owner and Financial Interests of Licensee.
§ 1371. Commissioner approval.
The commissioner may refuse approval of changes in the ownership, officers, or directors, financial interest, or
lease in connection with any license. No such change shall be implemented until reported to and approved by the
Commissioner.
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§ 1372. Change in ownership.
(a) In order to change ownership of a license, all of the following must be filed with the Commissioner on behalf
of the new owner or owners:
(1) An application.
(2) A financial statement of the new owner or owners.
(3) Personal financial statements of all individuals, partners, or stockholders holding at least 10 percent of the
corporate stock.
(4) A copy of the agreement of the terms of the sale or other exchange of financial interest, including stock
distribution.
(5) Copy of all documents explaining interest and profit/loss distribution.
(6) Any application fee required by the Commissioner.
(7) Any other documents requested by the Commissioner.
(b) A change in ownership includes a change in the entire ownership, change in the partial ownership, or the sale
or exchange of shares of stock by stockholders.
§ 1374. Change in officers or directors.
A person elected as an officer or director of a licensee must notify the Commissioner within 7 days of the election
and provide all information requested by the Commissioner.
§ 1374. Changes in financial interest.
No person may obtain a financial interest in a license or licensee without doing all of the following:
(1) Notification to the Commissioner.
(2) Providing all information and documents requested by the Commissioner.
§ 1375. Fees.
If there is a change in ownership or financial interest more than 10%, a fee of $5,000 or 15% of the value of the
transaction, whichever is higher, is required.
Subchapter VIII. Marijuana Regulation Fund; Taxes.
§ 1381. Marijuana Regulation Fund; Justice Reinvestment Fund.
(a) The Marijuana Regulation Fund is established as a special fund of the State consisting of fees collected, civil
penalties imposed under this chapter, and a portion of taxes imposed under this subchapter. The Office of the State
Treasurer shall administer the Fund.
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(b) The Justice Reinvestment Fund is established as a special fund of the State consisting of a portion of taxes
imposed under this subchapter as set forth in § 1387 of this subchapter.
§ 1382. Levy and rate of marijuana tax; collection.
(a) A tax is imposed on the retail sale of marijuana products under this chapter in this State. This tax is not
imposed on the sale of medical marijuana products under Chapter 49A of Title 16.
(b) The tax imposed under this section is at the rate of 15% of the retail sales price of the marijuana product.
(c) If the tax imposed under this section does not equal an amount calculable to a whole cent, the tax shall be equal
to the next higher whole cent.
(d) The amount of tax shall be separately stated on an invoice, receipt, or other similar document, in the manner
directed by the Director of Revenue, that the marijuana retailer provides to the consumer at the time the retail sale occurs.
(e) A person may not knowingly sell, purchase, install, transfer, or possess electronic devices or software programs
for the purposes of either of the following:
(1) Hiding or removing records of retail sales of marijuana products.
(2) Falsifying records of retail sales of marijuana products.
(f) A marijuana retailer may not discount a marijuana item or offer a marijuana item for free if the retail sale of the
marijuana item is made in conjunction with the retail sale of any other item.
§ 1383. Collection and administration of the marijuana tax; mandatory reports; preemption.
(a) The marijuana tax imposed on the consumer under § 1382 of this chapter shall be collected at the point of sale
and remitted by each retail marijuana store licensee that engages in the retail sale of marijuana products. The marijuana tax
is considered a tax upon the retail marijuana store licensee that is required to collect the tax, and the retail marijuana store
licensee is considered a taxpayer.
(b) A retail marijuana store licensee shall file a monthly report to the Commissioner, the Division of Revenue, and
the Division of Alcohol and Tobacco Enforcement.
(c) A retail marijuana store licensee shall pay the marijuana tax to the Division of Revenue in the form and manner
prescribed by the Director of Revenue, but not later than with each monthly report.
(d) Except to the extent inconsistent with specific provisions of this chapter, the provisions of Chapter 5 of Title 30
shall govern the assessment, collection, review, and appeal of deficiencies of tax imposed by this title, and any interest and
penalties thereon, and claims for refund of overpayment of taxes imposed by this chapter.
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(e) The fees, charges, and taxes imposed by the State under this chapter shall be in lieu of all county and municipal
license fees and taxes upon the business of selling, growing, and manufacturing marijuana as such. Provided however,
general occupational licenses fees and general taxes imposed uniformly on everyone within the class are not preempted.
(f) Any information set forth or disclosed in any report or return required under or as a result of this section,
including any information which is required to be attached or included on any report or return required under or as a result
of this section, is subject to the provisions of § 368 of Title 30.
§ 1384. Retention of records by retail marijuana store licensee; penalties.
(a) Each retail marijuana store licensee shall maintain and keep, for a period of 3 years, such records of marijuana
products sold within this State by such retail marijuana store licensee, together with invoices, bills of lading, and other
pertinent records and papers as may be required by the Commissioner for the reasonable administration of this chapter.
(b) A person who violates this section is subject to a civil penalty of up to $1,000 and may be charged the costs of
an enforcement action.
§ 1385. Discontinuance, sale, or transfer of business by retail marijuana store licensee; penalties.
(a) Whenever a person ceases to engage in business as retail marijuana store licensee within this State, all taxes,
penalties, and interest under this chapter not yet due and payable under the provisions of this chapter shall, notwithstanding
such provisions, become due and payable concurrently with the discontinuance, sale, or transfer, and the retail marijuana
store licensee shall concurrently with such discontinuance, sale, or transfer make a report and pay all such taxes, interest,
and penalties.
(b) If a retail marijuana store license is transferred under § 1366 of this chapter, the purchaser or transferee shall be
liable to this State for the amount of all taxes, penalties, and interest under this chapter, accrued against any retail marijuana
store licensee selling or transferring a business, on the date of such sale or transfer, but only to the extent of the value of the
property and business thereby acquired from such distributor or retailer.
(c) A person who violates this section is subject to a civil penalty of not less than $50 nor more than $500.
§ 1386. [Reserved]
§ 1387. Deposit of receipts.
(a) All money received by the Division of Revenue under this chapter shall be allocated as follows:
(1) All marijuana tax money and all money received through fees or other mechanisms must be deposited in
accordance with § 6103(a) of Title 29 and credited to the Marijuana Regulation Fund.
(2) Each month, 7% of total marijuana tax money received from the preceding month shall be withdrawn from
the Marijuana Regulation Fund and credited to the Justice Reinvestment Fund.
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(b) The State Treasurer shall invest the Funds consistent with the investment policies established by the Cash
Management Policy Board. The State Treasurer shall credit interest to the Funds on a monthly basis consistent with the rate
established by the Cash Management Policy Board.
§ 1388. Appropriation of revenue.
(a) The funds in the Marijuana Regulation Fund in each fiscal year must be appropriated by the General Assembly
as follows:
(1) To the administrative costs and expenses of the Commissioner and the Division, including administrative
expenses, including payroll and other employment costs.
(2) To the administrative costs and expenses of the Criminal Justice Council incurred to administer the Justice
Reinvestment Fund.
(2) After the payment under paragraphs (a)(1) and (2) of this section, and the transfer to the Justice
Reinvestment Fund set forth in § 1387(a)(2) of this title, any remainder may be appropriated as determined by the
General Assembly.
(b) The funds in the Justice Reinvestment Fund in each fiscal year shall be appropriated to the Criminal Justice
Council to administer grants, contracts, services, or initiatives that focus on any of the following:
(1) Restorative justice, jail diversion, workforce development, industry specific technical assistance or
mentoring services for economically disadvantaged persons in disproportionately impacted areas.
(2) Addressing the underlying causes of crime, reducing drug-related arrests, and reducing the prison
population in this state.
(3) Creating or developing technology to assist with the restoration of civil rights and expungement of
criminal records.
Any remainder in the Fund at the end of a fiscal year is not subject to reversion.
§ 1389. Financial statements of the Commissioner.
The Commissioner shall render an account to the State Treasurer, in the manner and at the time required by the
latter, of its receipts and disbursements, and of its assets and liabilities. The State Treasurer may not, however, require such
reports to be rendered more often than quarterly.
§ 1390. Annual audit.
The State Auditor of Accounts shall annually examine and audit the operation of the Office of the Commissioner.
Section 5. Amend § 1903, Title 30 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
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§ 1903. Computation of taxable income.
(a) The “entire net income” of a corporation for any income year means the amount of its federal taxable income
for such year as computed for purposes of the federal income tax increased by:
(1) Any interest income (including discount) on obligations issued by states of the United States or political
subdivisions thereof other than this State and its subdivisions, and
(2) The amount of any deduction allowed for purposes of the federal income tax pursuant to § 164 of the
Internal Revenue Code (26 U.S.C. § 164) for taxes paid on, or according to or measured by, in whole or in part, such
corporation’s net income or profits, to any state (including this State), territory, county or political subdivision thereof,
or any tax paid in lieu of such income tax, and its federal taxable income shall be further adjusted by eliminating:
j. An amount equal to the ordinary and necessary business expenses paid or incurred for the taxable year
by a marijuana business operating pursuant to Chapter 13 of Title 4 or Chapter 49A of Title 16, which is
disallowed as a deduction for federal purposes pursuant to § 280E of the Internal Revenue Code.
Section 6. Amend Subchapter II, Chapter 16, Title 30 of the Delaware Code by making deletions as shown by
strike through and insertions as shown by underline as follows:
§ 1625. Special rules for certain tax deductions for pass-through entities.
(a) Definitions. As used in this section:
(1) “Qualified business” means a pass-through entity operating a marijuana establishment pursuant to Chapter
13 of Title 4 or Chapter 49A of Title 16.
(2) “Qualified expenses” mean the ordinary and necessary business expenses paid or incurred for the taxable
year in carrying on a qualified business, which are disallowed as a deduction for federal purposes pursuant to § 280E of
the Internal Revenue Code
(b) Deduction. A pass-through entity operating a qualified business may deduct its qualified expenses in
computing its total income.
Section 7. Amend § 581, Title 30 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 581. Inspection of returns by federal, state and local officials.
(b) Notwithstanding any other provision of this section or § 368 of this title, the Director is specifically authorized
to enter into an agreement with the Department of Labor, the Office of the State Bank Commissioner, the Department of
Natural Resources and Environmental Control, the Division of Motor Vehicles, the Division of Alcohol and Tobacco
Enforcement, the Division of Medicaid and Medical Assistance, the Enhanced 911 Emergency Service Board, the
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Marijuana Commissioner, or the Alcoholic Beverage Control Commissioner to provide for the inspection of any tax return
filed under this title (other than Chapters 30, 51, and 52) or under Title 4; provided, however, that such inspection shall be
pursuant to the Department of Labor’s duties under Title 19, the Office of the State Bank Commissioner’s duties under
Title 5, the Department of Natural Resources and Environmental Control’s duties under Title 7, the Division of Motor
Vehicles’ duties under Title 21, the Division of Alcohol and Tobacco Enforcement’s duties under Titles 4 and 11, the
Division of Medicaid and Medical Assistance’s duties under Title 16, the Enhanced 911 Emergency Service Board’s duties
under Title 16, the Marijuana Commissioner’s duties under Title 4, or the Alcoholic Beverage Control Commissioner’s
duties under Title 4, and may be subject to such additional requirements as may be imposed by the Director.
Section 8. Amend § 2901, Title 30 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 2901. Definitions.
As used in this chapter:
(8) “Gross receipts”:
a. In the case of a retailer, “gross receipts” includes total consideration received for all goods sold or services
rendered within this State, but shall not include tobacco products taxes or motor fuel taxes paid or payable to the State
under Part IV of this title title, marijuana products taxes paid or payable to the State under Title 4, or gasoline and
special fuel taxes paid or payable to the federal government under Internal Revenue Code § 4041 [26 U.S.C. § 4041]
or § 4081 [26 U.S.C. § 4081]; or receipts derived from the sale of petroleum products provided such products were
sold to the retailer by a person who is licensed under this chapter and such sale is described in the definition of “gross
receipts” with regard to such person.
Section 9. Amend § 1448, Title 11 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 1448. Possession and purchase of deadly weapons by persons prohibited; penalties.
(a) Except as otherwise provided in this section, the following persons are prohibited from purchasing, owning,
possessing, or controlling a deadly weapon or ammunition for a firearm within the State:
(9) Any person, if the deadly weapon is a semi-automatic or automatic firearm, or a handgun, who, at the
same time, possesses a controlled substance in violation of § 4763, or § 4764 4763 of Title 16.
Section 10. Amend § 501, Title 30 by making deletions as shown by strike through and insertions as shown by
underline as follows:
§ 501. Application of this chapter.
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For tax periods beginning on or after January 1, 1992, except where in conflict with a specific provision within
another chapter of this title or, where applicable, a specific provision of Title 4 or Title 16 or a rule of the Delaware
Alcoholic Beverage Control Commission, Commission or the Marijuana Commissioner, this chapter shall govern the
administration, procedures and enforcement of the State revenue laws provided for under Parts II, III, IV (except Chapters
51 and 52), V, and VI of this title; subchapter VII of Chapter 5 and subchapter VII of Chapter 13 of Title 4; and Chapter
101 of Title 16.
Section 11. The Commissioner, in consultation with the Oversight Committee shall provide the Chairs of the Joint
Finance Committee of the General Assembly with a quarterly report, beginning January 1 after the enactment date of this
Act and continuing for 2 years, regarding the progress towards implementation and any potential barriers towards timely
issuance of licenses and commencement of retail sales.
Section 12. If any provision of this Act or the application of this Act to any person or circumstance is held invalid,
the provisions of this Act are severable if the invalidity does not affect the other provisions of this Act that can be given
effect without the invalid provision or the application of this Act that can be given effect without the invalid application.
Section 13. The regulations required by § 1331 of Title 4 must be adopted not later than 1 year after the effective
date of this Act.
Section 14. When funds have been appropriated for implementation of this Act, the Controller General shall
provide notice to the Registrar of Regulations that the funds required to implement this Act have been appropriated.
Section 15. This Act takes effect upon the later of the following:
(a) Publication in the Register of Regulations of a notice by the Controller General that the funds required to
implement this Act have been appropriated.
(b) Upon enactment.
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Item 3.
IMPACT
REPORT
2023-2024
Lessons Learned from State
Marijuana Legalization
73
www.learnaboutsam.org
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Item 3.
IMPACT REPORT OUTLINE
I. Data and policy background
a. A snapshot
b. Research on marijuana harms
c. Key outcomes
II. Commercialization: a growing concern
a. High-potency marijuana
b. Not only potency, but consumption levels:
What do users look like today?
c. State regulatory frameworks struggle to
keep up with the number of licensed shops.
III. Adverse health effects of marijuana
a. Marijuana and pregnancy
b. Marijuana and co-use with other substances
i. Marijuana’s association with alcohol
and other drugs
ii. Marijuana vaping
c. Emergency department and
hospital admissions
IV. Impact on youth
V. Impact on young adults
VI. Impact on communities of color and
low-income populations
VII. Impact on homelessness
VIII. Impact on impaired driving
IX. Impact on crime
X. Impact on the illicit market
XI. Tax revenue from legalization
XII. Localities opt-out of retail marijuana
XIII. “Legal” products are unsafe
XIV. Impact on the environment
XV. Canada
XVI. Impact on pets
XVII. References
www.learnaboutsam.org
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Item 3.
DATA AND POLICY BACKGROUND
Contrary to federal law, under which the possession and sale of marijuana are illegal (Controlled Substances
Act, 1971), several states have legalized the cultivation, commercial sale, and use of marijuana, beginning
in 2012. Despite this, dozens of states continue to reject the legalization of marijuana. The vast majority of
localities in “legal” states also ban the production and retail sale of marijuana. Marijuana remains illegal at
the federal level, although pro-marijuana lobbyists are actively working to undue this.
Smart Approaches to Marijuana (SAM) compiled publicly available federal and state-level data, reports,
investigatory findings, peer-reviewed studies, and government health surveys to assemble this report. We
have attempted to be as transparent as possible in our evaluation so as to allow readers to trace our steps
and further their own research. For example, in reviewing the Substance Abuse and Mental Health Services
Administration (SAMHSA) data taken from the National Survey on Drug Use and Health (NSDUH), we included
data from the District of Columbia in our assessment of “legal” jurisdictions. They have legalized marijuana
to some degree, although their measures differ from traditional recreational marijuana programs because
they continue to prohibit commercial sales.
A note on 2020 and 2021 data: the data collected during 2020 and 2021 are unique because of the COVID-19
pandemic and the change in behaviors observed by many Americans. School-age children spent their time
learning at home and were less influenced by peers, fewer drivers were on the road during peak crash times,
but drivers overall were more reckless, many bars and restaurants were closed for long periods of time, and
many employees worked from home. On the inverse, millions of Americans struggled with their mental health,
overdose deaths skyrocketed, and many Americans missed healthcare appointments and postponed care.
Because each state’s COVID-related regulations were different, national-level data is difficult to scrutinize.
The data should be observed through this lens. If the data need additional qualifiers, we have noted that.
POTENCY
THE AVERAGE POTENCY
OF MARIJUANA FLOWER
INCREASED FROM
1995 3.75% THC 3.75% THC IN 1995
TO 15.80% IN 2018
ELSOHLY, 2019
2018 15.80% THC
0 5 10 15 20
1
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Item 3.
USE DATA
52.5 MILLION AMERICANS used marijuana
in 2021 vs. 17.5 Million Americans used
marijuana in 1992 NSDUH 2021
50
PAST YEAR PAST MONTH DAILY
43%
USE IS INCREASING 40
ACROSS THE BOARD, BUT
ESPECIALLY IN YOUNG 30 29% 29%
ADULTS AGED 19-30:
29% reported past-month use
in 2021 up from 17% in 2011; 11%
20
17%
reported daily use, up from 8% in 11%
2011 10 8%
MTF 2021
0
2011 2021
100
WHILE THE USE OF
MARIJUANA IS STEADILY
80 78.6%
60
40
40.6%
21.6%
INCREASING, THE
20 12.7% PERCEPTION OF HARM
0
1991 2021 1991 2021 FROM USING MARIJUANA
OCCASIONAL USE REGULAR USE IS DECREASING,
12TH GRADERS PERCEPTION OF MARIJUANA’S HARM
MONITORING THE FUTURE, 2022B ESPECIALLY AMONG HIGH
SCHOOLERS
2
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Item 3.
30% of marijuana users have some
form of marijuana use disorder
National Institute on Drug Abuse, 2019a
USE BEFORE THE AGE OF 18 INCREASES THE
LIKELIHOOD OF MARIJUANA USE DISORDER BY
SEVEN FOLD
National Institute on Drug Abuse, 2019a
LEGALIZATION IS
ASSOCIATED WITH
A 25% INCREASE IN
25% MARIJUANA USE
DISORDER AMONG
12–17-YEAR-OLDS
CERDÁ ET AL., 2020
3
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Item 3.
VAPING MARIJUANA IS ALSO UP ACROSS
THE BOARD, ESPECIALLY FOR YOUTH
30
17.9
20 MILLION
10.4
MILLION
10
3.2
2.4
MILLION 1.3
MILLION
MILLION
0
IN 2020, 34.5 MILLION INDIVIDUALS 12 OR OLDER REPORTED VAPING NICOTINE IN THEIR
LIFETIME; 17.9 MILLION OF THOSE WERE WITHIN THE PAST YEAR, AND 10.4 MILLION WERE
WITHIN THE PAST MONTH. AMONG THOSE AGED 12–17, 3.2 MILLION REPORTED HAVING USED A
NICOTINE VAPE BEFORE; 2.4 MILLION OF THOSE VAPED NICOTINE IN THE PAST YEAR, AND 1.3
MILLION DID SO IN THE PAST MONTH (WHICH IS NOTABLY HIGHER THAN ALL OTHER FORMS
OF CONSUMING NICOTINE)
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION, 2020A
Between 2017 and 2019, dabbing
at least once increased by 47.8%,
and dabbing usually increased
by 178.6%. Vaping at least once
increased by 70.0%, and vaping
usually increased by 185.7%
COLORADO DEPARTMENT OF PUBLIC HEALTH
& ENVIRONMENT, 2021
2017 9.5% BETWEEN 2017 AND 2021, THE
PERCENTAGE OF 12TH GRADERS
WHO VAPED MARIJUANA IN THE
PAST YEAR INCREASED FROM
2021 18.3% 9.5% TO 18.3%
MONITORING THE FUTURE, 2022A
0 5 10 15 20
4
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Item 3.
PUBLIC HEALTH
1,000,000
804,285 IN THE UNITED STATES,
800,000 THERE WERE 804,285
MARIJUANA RELATED
,617 EMERGENCY DEPARTMENT
48 VISITS HAVE INCREASED
600,000 +3
SINCE 2011
400,000 2011 & 2021 DRUG ABUSE WARNING
NETWORK
455,668
200,000
MARIJUANA USERS WERE
NEARLY 25% MORE LIKELY
THAN NON-USERS TO
GO TO THE ER OR
BE HOSPITALIZED
LIKELIHOOD OF NEEDING EMERGENCY SERVICES
VOZORIS ET AL., 2022
100%
80% “Colorado has reported a 46% increase
in hospitalizations due to Cannabis
60% Hyperemesis cyclical vomiting in just
five years after the legalization of
recreational cannabis”
40%
22% G. S. WANG ET AL., 2021
20%
0%
0%
2,400
NON-USERS MARIJUANA 2,313
USERS 1,800 %
267
EMERGENCY DEPARTMENT VISITS +
AND ADMISSIONS RELATED TO 1,200
MARIJUANA ABUSE IN CALIFORNIA
IS UP 89% FOLLOWING
LEGALIZATION 89% 600
630
CALIFORNIA OFFICE OF STATEWIDE HEALTH PLANNING ANDV
DEVELOPMENT, 2019
0
MARIJUANA-RELATED 2012 2020
HOSPITALIZATIONS IN COLORADO
PER 100,000 SINCE LEGALIZATION 148% MARIJUANA-INDUCED ER ADMISSIONS IN ARIZONA
HAVE INCREASED 148% ARIZONA DEPARTMENT OF HEALTH SERVICES
COLORADO DIVISION OF CRIMINAL JUSTICE, 2021
5
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Item 3.
2500 2,473
NATIONALLY, THERE WERE
2000 2,473 IN-HOME THC EXPOSURES
1,375% INVOLVING CHILDREN YOUNGER
1500 THAN 12 IN 2020, UP FROM
598 IN 2018
1000 RUSSO, 2021
598
500
2018 2019 2020
586%
INCIDENCE OF CANNABIS CALLS TO POISON
CONTROL IN MASSACHUSETTS
1.1
Colorado
1.2
0.9 0 % FROM 2012 TO 2019, THERE WAS A
PER 100,000 +14
0.6 586% INCREASE IN CALLS TO POISON
CHILDREN
CONTROL IN COLORADO FOR
0.3 MARIJUANA-RELATED INCIDENCES IN
0.4 CHILDREN BETWEEN 0-5
0
COLORADO DEPARTMENT OF PUBLIC SAFETY, 2021
2009-2012 2013-2016
(BEFORE MEDICAL (AFTER MEDICAL
MARIJUANA MARIJUANA
LEGALIZATION) LEGALIZATION)
INCREASES IN LEGAL STATES 214.5% 72%
FOR MARIJUANA-RELATED Washington Illinois
POISON CONTROL CALLS:
WASHINGTON POISON CENTER, 2019
EMERSON, 2022
6
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Item 3.
IMPAIRED DRIVING
If marijuana were legalized nationwide,
the U.S. would suffer an additional 6,800
excess fatal crashes every year
KAMER ET AL., 2020
Among Colorado drivers who underwent confirmatory testing for Delta-9 THC
between 2016 and 2019
Tested Tested
positive for positive
Tested
a THC level for a THC
89.7% positive 33.7% 49.2%
between level
for THC 1.0 and 5.0 above 5.0
ng/ml ng/ml
ROSENTHAL & REED, 2022
23.4%
2020 24.3%
%
6 .7
+1
6.7% 14.8%
2013
0 20% 40% 60%
2004 2017
IN MICHIGAN AMONG THOSE FATAL IN 2020, 24.3% OF DRIVERS INVOLVED
CRASHES WHERE CANNABIS WAS TESTED, IN TRAFFIC FATALITIES TESTED
THE PROPORTION OF TESTS THAT WERE POSITIVE FOR MARIJUANA, UP FROM
POSITIVE FOR CANNABINOIDS MORE 14.8% IN 2013
THAN TRIPLED OVER 13 YEARS (6.7% IN
ROCKY MOUNTAIN HIGH INTENSITY DRUG TRAFFICKING
2004 TO 23.4% IN 2017). AREA, 2021
UNIVERSITY OF MICHIGAN INJURY PREVENTION CENTER, 2022, P. 12
7
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Item 3.
1 IN 4
ROAD DEATHS IN COLORADO
INVOLVE MARIJUANA
COLORADO DIVISION OF
CRIMINAL JUSTICE, 2020.
OF TEEN DRIVERS WHO USE
48.8% MARIJUANA REPORT DRIVING
UNDER THE INFLUENCE
LI ET AL., 2020
131
IN COLORADO, THERE WERE 131 MARIJUANA-
RELATED TRAFFIC FATALITIES IN 2020, UP FROM 20.1%
55 IN 2013––THE PERCENTAGE OF FATAL CRASHES
THAT INVOLVED MARIJUANA NEARLY DOUBLED 55
OVER THAT TIME PERIOD, INCREASING FROM
11.4%
11.4% TO 20.1%
ROCKY MOUNTAIN HIGH INTENSITY DRUG TRAFFICKING AREA, 2021
2013 2020
60% OF PAST 3-MONTH USERS IN VIRGINIA REPORTED DRIVING
WHILE UNDER THE INFLUENCE IN THE LAST FEW MONTHS
26% REPORTED DRIVING UNDER THE INFLUENCE OF
MARIJUANA AT LEAST ONCE A WEEK
STRATACOMM, 2022
8
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Item 3.
ILLICIT MARKET
70-80%
of marijuana sold in state-legal
dispensaries in California was
produced and grown illegally
NBC NEWS, 2022
91
1,330,766
2 In 17.3
In 53.0 cr X
ea
cr
ea X se
se
11
76,753
5,260
2018 2020 2021 2020 2021
THE OREGON-IDAHO HIDTA SEIZED THE NUMBER OF CLANDESTINE
1,330,766 ILLICIT MARIJUANA PLANTS IN LABORATORIES SEIZED IN THE HIDTA
2021. THAT’S COMPARED TO 76,753 REGION INCREASED FROM 11 IN 2020
IN 2020 (17.3X INCREASE) AND 5,260 IN TO 91 IN 2021, WITH THE MAJORITY (90)
2018 (253.0X INCREASE) RELATED TO CANNABIS EXTRACTION
OREGON-IDAHO HIGH INTENSITY DRUG TRAFFICKING AREA, FOR THE PURPOSE OF PRODUCING
2022B, P. 17
“BHO/HONEY OIL”
OREGON-IDAHO HIGH INTENSITY DRUG TRAFFICKING AREA,
2022A, P. 11
85-90%
of California-produced
marijuana is exported
FULLER, 2019
9
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Item 3.
TAX REVENUE
Oregon
Marijuana Taxes as 0.3%
a Percent of FY21-22
State Budgets: 0.49%
Alaska
California
Colorado 0.29%
0.09%
ENVIRONMENTAL IMPACT
OUTDOOR MARIJUANA INDOOR MARIJUANA MARIJUANA PRODUCTION IS
GROW SITES CONSUME AN GROWS EMIT AS MUCH NEARLY FOUR TIMES MORE
ESTIMATED 29.4 MILLION CO2 AS 3.3 MILLION CARS ENERGY INTENSIVE THAN
GALLONS OF WATER PER COAL OR OIL PRODUCTION
LARKIN & SWEENEY, 2022
YEAR IN CALIFORNIA MILLS, 2012
GRETA WENGART, INTEGRAL ECOLOGY
RESEARCH CENTER CA 29.4 MILLION
GALLONS MARIJUANA
LOCALITIES ARE OPTING OUT
68% 60%
71% 71%
CALIFORNIA COLORADO NEW YORK NEW JERSEY
NIEVES, 2021 FUEGO, 2019 ROCKEFELLER INSTITUTE MJBIZDAILY, 2021
OF GOVERNMENT, 2022
A MAJORITY OF LOCALITIES IN “LEGAL” STATES HAVE OPTED
OUT OF MARIJUANA SALES
10
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Item 3.
DATA AND POLICY BACKGROUND
In 2013, the U.S. Department of Justice (DOJ) decided to take a hands-off approach toward
legalization at the state level. Officially, the DOJ stated it would only get involved if any of eight
requirements laid out in the “Cole Memo” (e.g., sales to minors, increased drugged driving) were
violated. Unfortunately, the DOJ took no meaningful action as states routinely violated the “Cole
Memo,” according to the U.S. Government Accountability Office (GAO). However, public health and
safety departments and law enforcement agencies in “legal” states have produced primary data
and impact reports that illustrate how current marijuana policies are failing to protect the health
and safety of the general population (Alaska State Troopers, 2016; Financial Management, 2019;
Grondel et al., 2018; Oregon Liquor Control Commission, 2018; Oregon Public Health Division, 2016;
Oregon State Police Drug Enforcement Section, 2017; Oregon-Idaho High Intensity Drug Trafficking
Area, 2018; Rocky Mountain High Intensity Drug Trafficking Area, 2019b).
In 2018, the DOJ rescinded the “Cole Memo,” signaling an uncertain future for the marijuana industry.
One thing is clear: by legalizing marijuana, states continue to violate federal laws. We now have
more than ten years of data to show how these marijuana policy changes––and the industry they
created––harm families and communities. This industry is chiefly driven by higher use rates and
increased normalization, seeking to convert casual users and non-users into life-long customers.
As we are only now beginning to address the far-reaching and devastating consequences of the
addiction epidemic––driven largely, but not exclusively, by opioids––the rise of additional corporate
promotion of drug use comes at an inopportune time.
Following the transition to the Biden administration, Attorney General Merrick Garland signaled
that the DOJ would not pursue the prosecution of individuals who use marijuana in accordance
with their state’s respective marijuana laws. Garland has defended this position, in part, by arguing
that, “Criminalizing the use of marijuana has contributed to mass incarceration and racial disparities
in our criminal justice system” (Berman, 2021). Of note, the Biden administration fired would-be
appointees who had previously used marijuana, highlighting the continued tension between federal
and state-level marijuana laws (Berman, 2021). Additionally, in the administration’s Fiscal Year 2023
budget proposal, they again blocked Washington, DC, from legalizing marijuana sales, although
voters had previously supported legalization as a ballot measure (Rawnsley, 2021).
In October 2022, President Joe Biden issued a pardon for all individuals convicted under federal
law for the simple possession of marijuana (Shear & Kanno-Youngs, 2022). He also urged governors
across the nation to adopt a similar policy. While Biden’s announcement was commended by
supporters of criminal justice reform, others pointed out that no one was in federal prison solely for
the possession of marijuana. Thus, although his policy retroactively helped 6,500 individuals who
were previously charged, it did not free a single person from prison. Many of the people affected by
this action also likely pled down from other charges. In November 2022, Governor Kate Brown, of
Oregon, followed President Biden’s steps, pardoning more than 40,000 individuals who had been
charged for marijuana possession.
In December 2022, President Biden signed the SAM-drafted Medical Marijuana and Cannabidiol
Research Expansion Act (H.R. 8454) into law. This groundbreaking and bipartisan bill is the first
stand-alone marijuana reform legislation to become law in United States history.
11
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Item 3.
RESEARCH ON to materialize fully. However, researchers do not
need to wait that long to understand certain key
MARIJUANA HARMS outcomes of commercialization. For example,
the data in this report—and many others—show
Scientific literature on the harms of marijuana states that legalized marijuana often have the
use exists in abundance and will be discussed highest rates of marijuana use in the country.
in this report. More than 20,000 peer-reviewed The data also show use is sharply increasing in
research articles have linked marijuana use vulnerable demographics, including youth and
to adverse mental health outcomes, ranging young adults whose brains are still developing.
from depression to psychosis, as well as These states also have:
consequences for physical health and even
negative outcomes for neonates exposed in 1. Higher rates of marijuana-related
utero. The connections between marijuana use driving fatalities.
and negative consequences for mental and 2. Issues with “legally” sold but
physical health, among other risks, are often contaminated marijuana vapes.
lost in conversations surrounding legalization.
3. More marijuana-related emergency
The distinction between medical and recreational department visits, hospitalizations, and
marijuana has been deliberately blurred by an accidental exposures.
industry with a heavy hand in both markets. 4. Expansive and lucrative criminal markets.
A recent study found that despite evidence
that lower THC dosage is more appropriate 5. Exacerbated racial disparities in marijuana
for medical purposes, the medical marijuana industry participation and criminal justice
products advertised in retail stores contained enforcement.
around the same amount of THC as recreational 6. Increases in workplace problems,
marijuana products, which generally contain including labor shortages and accidents.
upwards of 15% THC (Cash et al., 2020). And a
2022 study suggests that the risk of developing COMMERCIALIZATION:
a cannabis use disorder increases as marijuana’s
THC level increases (Petrilli et al., 2022). Though A GROWING CONCERN
there is potential for the medical use of certain
The commercialization of marijuana results in
components found within the marijuana plant,
negative consequences for public health, social
these components should be researched through
justice, and public safety. Medical marijuana
well-designed clinical studies and under the
legalization gave way to recreational marijuana
guidance of the Food and Drug Administration
legalization in states across the country, and the
(FDA). These are just a few examples of the
industries maintaining both sectors have been
conflict between data-driven research and the
heavily capitalized. The result is the creation of a
normalization of marijuana. The science is clear.
new and powerful addiction-for-profit industry.
Yet proponents of legalization continue to march
forward, single-mindedly pursuing profits. More people are using marijuana while remaining
largely ignorant of its negative consequences.
KEY OUTCOMES Additionally, usage rates are surging across the
United States after years of declines. More than
Similar to the nation’s troubled past with tobacco 52.5 million people aged 12 or older reported past-
and alcohol, the full consequences of the year marijuana use in the U.S. in 2021, a more than
commercialization of marijuana will take decades 20% increase from 2018 (Substance Abuse and
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Item 3.
Mental Health Services Administration, 2018a, When kids also have underlying mental health
2021a, p. 1). More than 45% of all adults reported conditions, the impact of marijuana use can
trying marijuana at least once in their lifetimes. also be more significant. And, so, I worry Senator
And 34.7% of 12th graders reported that they used about the messages we may send that say this is
marijuana in the past year (Miech et al., 2023). ‘utterly harmless’ and ‘there’s no problem here’.
The United Nation’s World Drug Report noted We need to be responsible in how we teach our
that there was a “General increase in cannabis kids about marijuana. I think how we talk to
use, with a narrowing gender gap and a more families about marijuana use and I think health
pronounced increase in frequent use among care providers also need to be empowered to
young adults” following legalization (UN Office on have these conversations early on as well as
Drugs and Crime, 2022). The alarming increase in teachers.” (The United States Senate Committee
use among young people, in particular pregnant on Finance, 2022)
women, prompted then-U.S. Surgeon General
Dr. Jerome Adams to issue a first-of-its-kind
advisory on marijuana use (Office of the Surgeon
HIGH-POTENCY MARIJUANA
General, 2019). Coinciding with increases in In the 1970s, “Woodstock Weed” contained
use, the concentration of THC in marijuana has approximately 1–3% THC (ElSohly et al., 2000). Since
steadily increased. Marijuana’s THC concentration then, products have become increasingly potent,
tripled between 1995 and 2014, and concentrated driven in large part by industry-led innovation,
products, such as waxes, now contain up to 99% market demand, and a shift in consumption
THC (Office of the Surgeon General, 2019). methods. THC concentrates, such as shatter, budder,
Though his advisory specifically addressed and waxes––as well as gummies and edibles––are
significant increases in use among youth packed with more THC than joints ever were. Now,
and pregnant women, he did not shy away even the marijuana plant itself is being genetically
from cautioning against marijuana use more engineered to contain a higher percentage of THC.
generally. At one congressional hearing, One study found that the average potency of the
Adams told senators, “I don’t want anyone marijuana plant increased from 8.9% THC in 2008
to mistake what I’m saying as implying that to 17.1% THC in 2017. Concentrates, which contained
these products are considered safe for general an average potency of 6.7% THC in 2008, contained
adult usage” (Cornyn & Feinstein, 2019). In 2021, an average potency of 55.7% in 2017 (Chandra et
Surgeon General Dr. Vivek Murthy made similar al., 2019). The National Institute on Drug Abuse
comments in a Senate Finance Committee found that solvent-based products have been
Hearing. Dr. Murthy warned: documented with an average of 54–69% THC and
have been known to exceed 80% (National Institute
“I worry that there is a perception that on Drug Abuse, 2020, p. 2).
marijuana is completely harmless in The market for marijuana flower hybrids and
children.” Surgeon General Dr. Vivek Murthy concentrates continues to rise with the increase
in demand for products with higher THC potency
“When it comes to youth, I worry that there levels. In Washington state, market share for
is a perception that marijuana is completely flower products with 10–15% THC declined by
harmless in children. Our data tells us otherwise. 60.4% between 2014 and 2017, while the market
Our data tells that in fact a portion, a substantial share for flower products with more than 20%
minority, of people who use marijuana will THC increased by 48.8% (Smart et al., 2017). In
actually develop an addiction to marijuana. That 2020, amid the outbreak of the coronavirus
number is significantly higher among youth. pandemic in Washington state, the retail sales
13
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Item 3.
anxiety while being more likely to report other
share of recreational marijuana generally substance use (Chan et al., 2017).
increased, with a 0.7% increase in edibles and a
3.5% increase in flower from Jan-March to Apr- Ultra-processed high-potency products are also
May (502Data, 2021). more likely to contain residues and contaminates
from production. This is not isolated to the illicit
In Oregon, concentrates and extracts surpassed market. A study of 57 concentrates legally sold
flower in sales and comprise an increasingly large for dabbing in California found that almost 72%
proportion of all marijuana sales. In December of the samples contained residual solvents,
2019 alone, nearly 1 million units of concentrates including isopentane, butane, and propane. One
and extracts were sold in the state, and the third of those samples also contained pesticide
number of units of edibles sold exceeded the residues (Haggerty, 2020).
pounds of flower marijuana sold (Oregon Liquor
Control Commission, 2020). Retailers increasingly The lucrative cash potential of high-potency
promote higher potency marijuana in order marijuana also emboldens illegal producers
to drive profits––high-potency marijuana sells. of BHO. Its production involves forcing raw
Additionally, sales surpassed $1 billion in 2020, marijuana and butane into a reaction chamber,
increasing from $795 million in 2019 (Oregon which creates a highly combustible liquid that
Liquor and Cannabis Commission, 2023), and the can easily explode when introduced to an ignition
Oregon Liquor Control Commission anticipates source. This has implications not only for public
that the supply of marijuana will further increase health but public safety as well.
in coming years.
Between 2012 and 2018, over 100 marijuana
A leaked draft report from the Washington State extraction labs were seized in Oregon. More than
Health Authority recommended enacting a 30 fires and explosions related to the production
number of policies to curb the rapidly increasing of this kind of marijuana were reported in the
THC potency of products. These recommendations state in that time period. The number of labs
included an additional tax on products with more seized in the area reached a new high of 39
than 35% THC potency, raising the purchasing in 2017, and another new record of 91 in 2021
age of high-potency products to 25, prohibiting (Oregon-Idaho High Intensity Drug Trafficking
marketing and advertising of high THC products, Area, 2019).
high THC warning labels on high THC products,
and required point-of-sale education about the In addition to these concerns, BHO explosions led
risks of high THC products (Addictions, Drug & to an increasing number of BHO burn victims. The
Alcohol Institute, 2022). Oregon-Idaho High Intensity Drug Trafficking
Area found that 87 marijuana extraction burn
The demand for stronger marijuana threatens victims were treated from 2015 to 2017 (Oregon-
public health. The use of high-potency marijuana Idaho High Intensity Drug Trafficking Area, 2019,
exacerbates many of the consequences of p. 34). Since 2013, treatment costs for marijuana
marijuana use. Frequent marijuana users and extraction burn victims have totaled $15 million.
users of high-potency marijuana are more likely
than regular users to develop schizophrenia and Products with high amounts of THC proliferate
psychosis (Forti et al., 2019). Users of Butane Hash with market demand and, as such, consequences
Oil (BHO), a marijuana concentrate that yields a associated with high-potency marijuana become
potency of between 70–99% THC, are more likely more apparent.
to have lifetime diagnoses of depression and
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Item 3.
NOT ONLY POTENCY, BUT Starbucks locations combined (MJBizDaily, 2019).
Colorado has about 1,010 registered retail and
CONSUMPTION LEVELS: WHAT medical marijuana shops combined (Colorado
DO USERS LOOK LIKE TODAY? Department of Revenue, 2023) compared with
under 200 McDonald’s and around 100 Starbucks
coffee stores. The overwhelming presence of
The change in the typical marijuana user today
marijuana stores promotes and further normalizes
versus twenty years ago, according to Carnegie
its use. A 2022 twin study found that use increases
Mellon professor Jonathan Caulkins, is akin
by about 20% after legalization (Zellers et al.,
to thinking about a typical caffeine drinker
2023). There is no question that the legalization
consuming one 20-ounce cola worth of caffeine
of marijuana is associated with increases in use
versus about thirty 16-ounce cappuccinos today.
and lower perceptions of risk.
20
Adding to the danger of marijuana commercialization
is the increasing market demand for high-potency
products created by the combination of aggressive
15 promotion and ever-increasing tolerance by heavy
users. With innovation, the industry responded
to meet the demand it had created, modifying
marijuana to increase its potency further. The
10 commonly conceived “Woodstock weed” had
between 1–3% THC, the psychoactive intoxicant
responsible for the high; according to recent
studies, today’s average marijuana flower––touted
5 by industry advocates as a harmless plant––contains
approximately 17.1% THC. Independent studies in
“legal” states have also found the percentage to be
even higher, such as an average THC percentage
0
of 18.7% in plant material in Colorado (Colorado
COLA CAPUCCINO Department of Public Health & Environment, 2020).
Concentrates and edibles pack a more potent
Ounces worth of caffeine punch, containing an average of 55.7% THC
(Chandra et al., 2019). But increasingly common
products can be even more potent, with many
marijuana retailers promoting and profiting from
It’s important to think about legalization as akin products containing up to 95–99% THC (Prince
to commercialization—this is very different than & Conner, 2019).
simply removing criminal penalties for personal
possession. Case in point: As soon as a state
legalizes, the industry moves to open up as many
shops as possible.
In states where marijuana is “legal,” retail and
medical licenses outnumber popular food
chains. For example, in Colorado, marijuana
retail locations outnumber all McDonald’s and
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STATE REGULATORY images or appropriating the names of well-
known commercial food products. For example,
FRAMEWORKS STRUGGLE TO “Pop Tarts,” a widely consumed kid-friendly
KEEP UP WITH THE NUMBER breakfast product, was used by one marijuana
producer to market “Pot Tarts.” Unfortunately,
OF LICENSED SHOPS these products are thought to contribute to
the increased accidental marijuana exposures
One significant problem with high-potency among children and others. Stemming from the
products is the lack of regulation. Numerous wide array of consumption methods and ways
studies have found that product regulation in that marijuana can be infused with products,
“legal” states is limited (Lamy et al., 2016; Peace et the American Addiction Center updated its
al., 2016; Yates & Speer, 2018), and internal audits definition of edibles in December 2022 to be “food
conducted by state governments have exposed products that have been infused with marijuana,”
holes in regulatory frameworks. In Oregon, for meaning a marijuana edible can essentially be
example, the Liquor Control Commission found any consumable product (American Addiction
that there is an average of one state inspector Centers, 2022).
for every 83 marijuana licenses (OLCC, 2020).
Public health advocates continue to advocate
for THC potency caps. Vermont and Connecticut
became the first states to cap the potency of
concentrates at 60% (still 30 times the strength
of just a few decades ago) and flower at 30%;
Montana capped the potency of flower at 35% but
did not place a comparable cap on concentrates.
In all other states that have legalized medical or
recreational marijuana, these sensible attempts
have been quickly blocked by the marijuana
industry (Vermont Cannabis Control Board, 2022).
The mislabeling of products also plagues the
“legal” market. Studies have found that the
labeling of active ingredients in concentrates
and edibles often misrepresents the actual
ingredients in those products (Peace et al., These kinds of growth tactics by the marijuana
2016). Consumers are often unaware of the industry are not new. They largely mirror the
contents of what they are smoking or ingesting, boom of Big Tobacco in the early 1900s––and
potentially leading users to consume more of this did not occur by accident (Ayers et al., 2019;
a psychoactive product than they intended to. Richter & Levy, 2014). Although operators in
Furthermore, the adaptability of marijuana gives the marijuana industry claim to be up-and-
way to mass-market products modeled after comers, they are now well-financed and advised
popular consumer goods. Marijuana-infused by professionals from the tobacco industry. For
“edibles” come in the form of cookies, candy, example, Altria, the corporate owner of Marlboro,
ice cream, sodas, and other sweet treats that purchased a 35% stake in Juul shortly after
are particularly appealing to children (O’Connor acquiring a 45% stake in Cronos, one of the
& Méndez, 2016). Marketing tactics make use largest international distributors of marijuana
of bright colors and catchy names, replicating (LaVito & Hirsch, 2018). The UK-based Imperial
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Brands invested around $123 million CAD (~$94M The investments of these big industry players
USD) in Auxly, a Canadian marijuana company. coincide with more covert action taken to
This partnership, which gave Imperial Brands a push legalization forward. In an investigative
20% stake in the company, will focus on utilizing report that examined marijuana interests in the
Imperial Brand’s vaping technology to develop UK, journalist Jonathan Gornall linked several
marijuana vaping products. commercial organizations with vested interests
in the creation of a recreational marijuana market
The marijuana industry has also caught the with individuals and activists pushing for more
attention of Big Pharma and Big Alcohol. In access to medical marijuana. What’s more, he
March 2022, Pfizer finalized a $6.7 billion deal found that several tobacco companies were
with Arena Pharmaceuticals, a company that funding studies on medical marijuana, an activity
develops cannabinoid-type therapeutics (Pfizer, that calls for questioning into the validity of that
2022). Former Purdue Pharma executive John research (BMJ, 2020).
Stewart left the pharmaceutical industry to create
his own marijuana company (Murphy, 2016). Teva These connections are unsurprising. Marijuana
Pharmaceuticals signed an agreement to become commercialization presents addiction-for-
a medical marijuana distributor in Israel (Helfand, profit industries, which have long been under
2016). And Sandoz, a subsidiary of Novartis, signed public scrutiny, with new and innovative
an agreement with Tilray to distribute marijuana pathways to profits.
products (R.T.T. News, 2018).
Constellation Brands, the maker of Corona, ADVERSE HEALTH EFFECTS
purchased a 9.9% stake in Canopy Growth for OF MARIJUANA
$191 million, then upped the stake to 38% for
$4 billion in 2018. The company has the option Contrary to popular belief, marijuana is a harmful
to increase its investment and purchase up to drug. The main psychoactive ingredient in
139.7 million new shares at a price of up to $5 marijuana, THC, causes many different types
billion more (Sheetz, 2018). Blue Moon has also of mental and physiological health problems––
made substantial investments in the marijuana especially in children, young adults, and pregnant
industry (B. Miller, 2018). women. Its addictive properties exacerbate its
potential harms as marijuana users become
The full impact of these investments has been
dependent on the drug.
brought to light with the establishment of
CPEAR, Altria and Constellation’s advocacy Researchers found that marijuana is an addictive
organization funded to lobby for legalization at drug (Volkow et al., 2014). Brain scans of
the federal and state levels (Coalition for Cannabis marijuana users show changes in the structure
Policy, Education, and Regulation, 2023). In of the brain’s reward center to be consistent with
March 2022, CPEAR issued a problematic paper addiction (Gilman et al., 2014), and up to 47% of
purportedly revealing that youth use does not regular users experience withdrawal symptoms
increase in legalized states. In reality, CPEAR when they cease use (Bahji et al., 2020; Hasin et
made conclusions based on national-level al., 2008). The National Institute on Drug Abuse
data trends, which of course include non-legal reports that approximately 30% of marijuana
states, instead of only looking at state-level data users have marijuana use disorder and that
for states with legal marijuana. Their analysis people who begin using marijuana before the
did not mention any of the dozens of studies age of 18 are up to seven times more likely to
showing increased use as a result of legalization. develop a marijuana use disorder compared
(Davidson, 2022). with those who start later (National Institute
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on Drug Abuse, 2019a). One study found that “Compared with never users, participants
marijuana vaping may support “conditioned who used high-potency cannabis daily had
drug-seeking behavior,” which is a cause for 4x higher odds of psychosis in the
concern as vaporized marijuana gains popularity whole sample.” (Di Forti et al., 2019).
(Freels et al., 2020). A 2022 study found that
youth who use e-cigarettes are significantly There was a 25% increase in cannabis use
more likely to report marijuana use within one disorder (CUD) among 12–17-year-olds in “legal”
year (Sun et al., 2022). states (Cerdá et al., 2020). This population is also
more likely than adults to develop a cannabis
Marijuana has also been found to cause
use disorder if they begin using marijuana at
severe consequences for mental health.
that age (Cerdá et al., 2020).
Marijuana is increasingly linked to the onset
of psychosis and schizophrenia (Henquet et Chronic marijuana use increases the likelihood of
al., 2005; Marconi et al., 2016; Mustonen et al., anxiety in adults in their late twenties and older,
2018; Niemi-Pynttäri et al., 2013) and shows a and those who met the criteria for CUD had a
more modest association with depression and high risk of adverse mental health symptoms
anxiety (Agrawal et al., 2017; Duperrouzel et across all ages (Leadbeater et al., 2019).
al., 2018; Gobbi et al., 2019). In one of the most
comprehensive studies to date on marijuana These studies are worth noting, particularly
and psychosis, Di Forti et al found that daily as marijuana is being increasingly marketed
marijuana use is associated with an increased as a solution for anxiety and other mental
likelihood of developing psychosis. What’s health ailments.
more, they reported a more than four-times
odds of daily users of high-potency marijuana Frequency of marijuana use, as well as higher
developing psychosis (Di Forti et al., 2019). THC potency, is associated with the most severe
Additionally, a 2021 study found that cannabis impact on mental health, which is evidenced
use disorder in Denmark has been increasingly by psychosis, suicidality, the reshaping of brain
associated with schizophrenia; 2% of cases of matter, and addiction (Cinnamon Bidwell et
schizophrenia were linked to cannabis use al., 2018; Fischer et al., 2017; Forti et al., 2019;
disorder in 1995, but this increased to 8% in Pierre et al., 2016). The increasing demand for
2010 (Hjorthøj et al., 2021). high-potency marijuana products and the
coinciding prevalence of CUD are indicative of a
A randomized clinical trial published in 2022 future maelstrom with unknown consequences
found that upon obtaining a medical marijuana for public health, especially as the industry
card, patients suffered an “increased incidence engages in a concerted effort to undermine
and severity of cannabis use disorder (CUD) scientifically proven risks of marijuana use.
and resulted in no significant improvement The legalization of marijuana coincides with a
in pain, anxiety, or depressive symptoms, but nationwide increase in CUD. According to the
improved self-reported sleep quality” (Gilman Substance Abuse and Mental Health Services
et al., 2022). Administration’s (SAMHSA) National Survey
on Drug Use and Health (NSDUH), 16.3 million
Americans reported having marijuana use
disorder in 2021, nearly four times as many
people compared to 2019 (Substance Abuse
and Mental Health Services Administration,
2021d). Part of this increase is due to a change
in methodology, but the overall upward trend
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of CUD is concerning and is no doubt because MARIJUANA
of the normalization of marijuana. In addition
to this alarming trend, more Americans who AND PREGNANCY
report any or serious mental illness issues also
reported past-year marijuana use. Co-occurring Government officials are increasingly sounding
mental illness and substance use disorder was alarms on marijuana use during pregnancy after
higher among past-year marijuana users than research and reports have revealed that more
past-year opioid users (Substance Abuse and pregnant women are using the drug. In Alaska,
Mental Health Services Administration, 2019b). for example, 9% of women who delivered a baby
in 2017 reported having used marijuana during
Commercialization advocates have also their pregnancy (Alaska Department of Health
suggested that marijuana may help those and Social Services, 2020). In fact, in Colorado,
with PTSD, a claim with particularly important researchers found that seven in 10 dispensaries
implications for veterans. This may be a recommended marijuana to women posing as
dangerous assumption. Two studies conducted pregnant women (Nedelman, 2018).
on military personnel experiencing PTSD found
an elevated risk for suicidal thoughts and Researchers at Boston University found that
behaviors among those using marijuana (Allan marijuana use among men may double the
et al., 2019; Gentes et al., 2016). risk of partner miscarriage––regardless of the
woman’s use (McAlpine, 2019). Additionally,
Marijuana is also linked to significant marijuana use during pregnancy is accompanied
physical ailments. Researchers have found a by a host of risks for the baby. Use during
connection between marijuana use and lung pregnancy may affect cognitive development by
damage (Hancox et al., 2022), as well as serious increasing the risk of hyperactivity, impulsivity,
cardiovascular problems, including hypertension, and inability to focus (Huizink & Mulder, 2006;
myocardial infarction, cardiomyopathy, G. S. Wang et al., 2017). Prenatal exposure
arrhythmias, stroke, and cardiac arrest (Bigay- to marijuana also predisposes offspring to
Gamé et al., 2018; Hall & Lynskey, 2016; Pacher neuropsychiatric disorders (Frau et al., 2019).
et al., 2018). The American Lung Association has A mother’s marijuana use during pregnancy
highlighted the health impacts of marijuana, may also increase the risk of low birth weight,
noting the specific risks associated with each preterm birth, neonatal intensive care unit
way that it can be consumed, such as via pipes, placement, and developmental problems (Gunn
bongs, and paper-wrapped joints (American et al., 2016; Kharbanda et al., 2020). Low birth
Lung Association, 2022). weight and preterm birth increase the risk of
short- and long-term complications for the
Studies have found marijuana to be linked child (Clinic, 2017).
to certain types of cancer (Liu et al., 2020),
including testicular cancer (Ghasemiesfe et al., A 2022 retrospective cohort study in Colorado
2019; Gurney et al., 2015). found that “legal” recreational marijuana is
associated with a two-fold increase in marijuana-
related hospitalizations of pregnant women
(G. S. Wang et al., 2022). Of course, the risk
to mothers is not the only concern. A 2023
study found that prenatal exposure to THC
has long-term effects and inhibits brain and
neural development in babies (Peng et al.,
2023). In 2022, the largest long-term study of
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brain development and health in children and related emergency department visits; however,
teens in the US, the Adolescent Brain Cognitive the decline did not continue after the six-month
Development Study, reported attention, social, mark, suggesting that marijuana users began
and behavioral problems in children who were using opioids again (Drake et al., 2021). Researchers
exposed to marijuana in the first trimester in 2022 found that legalization has contributed
(National Institute on Drug Abuse, 2022). A to the opioid epidemic, and this was especially
2019 study found that parental marijuana use pronounced among Black Americans (Bleyer
increases the likelihood of marijuana use among et al., 2022).
children in the household, as well as increases
their risk of tobacco and opioid use (Madras et Amid the third wave of the decades-long opioid
al., 2019). crisis (Centers for Disease Control, 2019c) and in
a population in which nearly 14.5 million people
Dr. Nora Volkow, the director of the National are impacted by alcohol use disorder (National
Institute on Drug Abuse, published a report Institute on Alcohol Abuse and Alcoholism,
in response to this alarming trend developing 2020), the false assertions by the marijuana
across the country and warned of the industry are harmful and not backed by science.
detrimental health risks of in utero cannabis
exposure (Volkow et al., 2017). Tragically, in 2019, A 2014 study (Bachhuber et al., 2014) suggested
a newborn whose mother reportedly used medical marijuana legalization was associated
marijuana while pregnant was found dead at with a decrease in opioid-related deaths until
just 11 days old and doctors believe the cause 2010. However, a more recent study of that data
was acute marijuana toxicity (Bao & Bao, 2019). showed the opposite. This 2019 study, which
The trend in marijuana use during pregnancy now includes more years of data, found instead
even prompted the U.S. Surgeon General to that marijuana legalization coincided with a
issue an advisory that warned women not to use 23% increase in opioid-related deaths after
marijuana to alleviate nausea during pregnancy 2010 (Shover et al., 2019). (However, the study
(Office of the Surgeon General, 2019). notes that medical marijuana legalization, more
likely than not, had no impact on opioid-related
deaths.) Medical marijuana users, according
MARIJUANA AND CO-USE to the findings of this study, represent 2.5%
WITH OTHER SUBSTANCES of the U.S. population; consequently, the
legalization of medical marijuana is likely
Some industry proponents claimed that incapable of exerting a demonstrable impact
legalizing marijuana would reduce the use of on opioid overdose deaths. Other studies
other substances in the United States, such have supported this finding (Caputi, 2019).
as alcohol and opioids. Common industry The positive correlation found in this study
rhetoric holds that former alcohol users will is still worth further examination, given the
switch to marijuana if it is made legal. They relationship between marijuana use and opioid
also suggest that legalization will be “the exit misuse. A 2021 study found that marijuana use
to the opioid crisis” (MadMoney, 2018) and cite a was 34% higher in study participants who also
since-debunked and severely flawed study that misused prescription opioids as opposed to
seemed to show a decrease in opioid overdoses those who did not misuse prescription opioids,
in states that legalized medical marijuana. which undermines the premise of the possibility
of marijuana being a solution to opioid misuse
For instance, a 2021 study found that the (Arora et al., 2021).
implementation of recreational marijuana laws
in 2017 was associated with a decline in opioid-
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Studies have found a link between marijuana and Institute, 2019)––current state policies should
opioid use, as well as marijuana and future use of be reconsidered.
other drugs. In particular, marijuana exposure in
adolescence seems to impact future opioid use A four-year prospective study in the highly
(Ellgren et al., 2007). A large proportion (44.7%) respected journal The Lancet Public Health
of lifetime marijuana users ultimately use other followed patients with chronic non-cancer pain
drugs (Secades-Villa et al., 2015). A study by and found no evidence marijuana use mitigated
Azagba and colleagues (Azagba et al., 2019) pain severity or interference or that marijuana
found marijuana users were more likely than affected rates of opioid prescribing or opioid
non-users to report prescription opioid misuse, discontinuation (Campbell et al., 2018).
echoing an earlier study that demonstrated
that participants who reported marijuana use MARIJUANA’S ASSOCIATION
in the previous year were 2.6 times more likely
to misuse non-prescription opioids (Olfson et WITH ALCOHOL AND
al., 2018). A 2021 study also found an association OTHER DRUGS
between the implementation of marijuana home
cultivation and an increase in opioid-related Rising alcohol use is also an issue, and some have
hospitalizations and emergency department suggested that marijuana may be a substitute
visits (Jayawardhana & Fernandez, 2021). for alcohol use. However, a 2022 report found
that alcohol consumption did not go down in
A body of research shows early marijuana use states with legal marijuana; instead, legalization
can more than double the likelihood of other resulted in an increase in the co-use of marijuana
drug use later in life (Olfson et al., 2018; Secades- and alcohol (Gonçalves et al., 2022). According
Villa et al., 2015). In fact, according to the National to a 2018 report, Washington state saw a 9%
Survey on Drug Use and Health, 95–97% of increase in gallons of beer consumed since
people who used cocaine or heroin started with legalization (Sauter, 2018). Since legalization in
marijuana (Substance Abuse and Mental Health Colorado, state officials recorded a 7% increase
Services Administration, 2019b). The scientifically in gallons of alcohol consumed (CO Department
validated relationship between substance of Revenue, 2019). And according to America’s
misuse and marijuana use is difficult to ignore. Health Rankings, 20.5% of adults in Colorado
Marijuana is often lauded as a plausible reported binge drinking in 2021, compared
substitute for opioids in the treatment of pain. to the national average of 17.3% (America’s
But mounting evidence suggests that marijuana Health Rankings, 2022). Other studies showed
use––particularly chronic use––is associated no meaningful decrease in alcohol use since
with poor pain control (Salottolo et al., 2018). legalization (Haughwout et al., 2016). Further
A 2022 meta-analysis found that marijuana analysis found that, “Allowing for changes in
is no better than a placebo at relieving pain. the adult population over the period 2005–2017,
(Gedin, 2022). A study found adults with pain are the data show a continuing increase in wine
vulnerable to adverse marijuana use outcomes, servings alongside…legalization” (Pellechia,
a finding that calls into question the prescribing 2018). Most recently, a 2023 study found that
of marijuana as a pain reliever (Hasin et al., 2020). marijuana use was associated with the co-use
Considering that severe pain continues to be of alchohol regardless of state- and national-
one of the most common reasons for obtaining level marijuana policies.
a medical marijuana card––93% of registered Rather than discouraging polysubstance use,
cardholders in Colorado reported severe pain as which is the use of multiple drugs, marijuana
the reason for marijuana use (Colorado Health
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legalization is associated with further use, misuse, MARIJUANA VAPING
and dependence on other drugs. While the
“gateway” effect of marijuana is sometimes The vaping of marijuana in THC oil pods and
considered outdated, the association between cartridges is a relatively new yet rapidly exploding
the use of marijuana and other drugs is supported marijuana-industry innovation. Vaping quickly
by science. Marijuana use often predicts future delivers 70–90% THC concentrates to users
drug use––ranging from tobacco and alcohol by heating extracted oils so that they can be
use to opioid use. inhaled as vapor. No studies on consumer safety
Marijuana use itself may be forecasted by other, were conducted prior to the mass marketing
seemingly less harmful drugs, such as tobacco of vaporizers, which are also popular among
and alcohol. Among high schoolers who first tobacco users.
initiated alcohol use by 12th grade, subsequent Vaping is popular among youth because vapes
marijuana use was more likely. Marijuana seems can be easily concealed and produce less (if
to both impact––and be impacted by––tobacco any) odor, as compared to other consumption
use in younger age groups (Keyes et al., 2019). methods. In 2022, 27.5% of 12th graders reported
Moreover, a 2021 study found that “Respondents vaping marijuana in the last year (Miech et al.,
reporting at least one family member or peer 2023). Vaping has been normalized among
using e-cigarettes were more likely to use youth, and many have transitioned from
e-cigarettes” compared to respondents whose smoking marijuana to vaping it. Between 2017
family members did not use them, illustrating and 2022, the percentage of 12th graders who
how one’s social environment influences his or vaped marijuana almost tripled from 9.5% to
her drug use (Coleman et al., 2021). 27.5% (Miech et al., 2023). A study in Addiction
A 2018 study published in the Journal of Studies found “cannabis vaping is increasing as the
on Alcohol and Drugs found that, similar to most popular method of cannabis delivery
tobacco and alcohol co-users, marijuana and among adolescents in the United States, and
alcohol co-users were more likely than non- that frequent (six or more times per month) use
marijuana alcohol users to overvalue alcohol, is increasing faster than occasional use.” The
signaling a dependence on both drugs (Morris CDC’s 2019 Youth Risk Behavior Surveillance
et al., 2018). Marijuana use is also associated with System found 50.1% of high school students
an increased likelihood of alcohol use disorder had tried electronic vapes and 10.7% of high
(Weinberger et al., 2016). In 2021, researchers schoolers used those products on 20 or more
found co-users of alcohol and marijuana are over days in the past 30 days (Abuse, 2022c).
three times more likely to suffer from alcohol In Michigan, the state’s regulatory agency was
use disorder (Waddell, 2021). Another study in forced to issue a recall on vaping products sold at
the same year from the CDC found that “During state-licensed dispensaries after it was revealed
2015–2019, one third (34.4%) of Colorado adults that several of them contained vitamin E. acetate
who binge drank used marijuana compared with (Neavling, 2020). Another recall implicated
one tenth (9.9%) of nondrinkers” (Crawford, 2021). 3,400 “legal” cartridges. In November 2021, the
The commercialization of marijuana perpetuates Michigan Marijuana Regulatory Agency issued
an understatement of the dangerous a marijuana product recall, impacting more
consequences of marijuana use, adding to than 400 sales locations throughout the state,
the social burden of addiction rather than citing “inaccurate and/or unreliable results”
subtracting from it. (LeBlanc, 2021).
22
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In the spring of 2020, a whistleblower revealed In Colorado, the number of marijuana-related
that Hawaii’s standards for medical vapes were emergency department visits increased 54%
far below the standard of any other state, putting from 2013 to 2017. Yearly marijuana-related
patients at risk. Almost half of vapes subjected to hospitalizations increased 101% in that same
a blind test were found to contain ethanol levels period (Colorado Health Institute, 2019). Calls to
so high that the cartridges would be illegal if the poison control center for marijuana exposures
sold in states in the likes of California, Colorado, also increased. In 2013, 125 calls were made for
and Washington (Blair, 2020). marijuana-related exposures. By 2018, that number
jumped to 266, representing a 113% increase. Youth
Legalization will not solve the problem of cases––instances of marijuana-related exposures
contaminated products because standards of children aged 8 or younger—increased 126.2%
will continue to be unmet; that comes with from 2013 to 2018. In 2018, youth cases represented
potentially deadly implications for consumers more than half of all marijuana-related exposure
and patients alike. calls to the Rocky Mountain Poison and Drug
Center (Rocky Mountain High Intensity Drug
EMERGENCY AND Trafficking Area, 2021).
HOSPITAL ADMISSIONS A study by the Colorado Department of Public
Health and Environment found that in 2018, over
The widespread availability and accessibility of 23,000 homes in the state with children aged
high-potency marijuana due to legalization has one to 14 years had marijuana products stored
resulted in an increasing number of marijuana- in an unsafe manner (Colorado Department
related poison control calls, hospitalizations, of Public Health & Environment, 2018). In
and ER visits. 2018, 60% of youth (0-8 year old) marijuana
exposures involved edibles, compared with
A 2022 study published in Pediatrics found a just 18% in 2016 (Rocky Mountain High Intensity
1,375% increase in accidental edible marijuana Drug Trafficking Area, 2021, p. 28). Even when
exposure in children under the age of 6 from packaging is compliant with Colorado’s
2017 to 2021 (Tweet et al., 2023). Additionally, a regulatory requirements, it often fails to
2022 study found that hospital discharges for discourage and prevent children from accessing
marijuana-associated psychosis were higher in potent and dangerous marijuana. There has
states with legal marijuana (Moran et al., 2022). also been a steep increase in youth marijuana
These results are underlined by an earlier study exposures nationwide. There were 598 in-home
that found the commercialization of recreational exposures involving children younger than 12
marijuana is associated with a 66–77% increase in 2018; in 2020, that number increased to 2,473
in marijuana exposures. State-specific data (Russo, 2021).
shed greater light on this phenomenon (Shi &
Liang, 2020). Researchers who studied the impact of medical
marijuana legalization also found many pediatric
A study published in March 2022 found that marijuana exposure cases in the state, despite
after California legalized marijuana, there was childproof packaging and warning labels (Whitehill
a significant increase in hospitalizations and et al., 2019). During the eight-year period studied,
emergency room visits by children who had the Regional Center for Poison Control and
some sort of marijuana exposure. Researchers Prevention (RPC) recorded a 140% increase in
found that 43% of patients presented with single substance (marijuana) exposures, with 81.7%
complaints of suicidal ideation (Harvey et of these calls regarding marijuana exposures of
al., 2022). 15–19-year-olds.
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A study conducted in Washington state found al., 2019). This phenomenon was not reported
that the rate of pediatric exposures to marijuana before 2004.
among children aged 9 or younger was 2.3 times
higher following legalization (A. A. Thomas et al., Additionally, there is mounting evidence
2019). Poison control center cases in Washington that marijuana users are more likely to be
state have increased 103.2%. Cases for children hospitalized for serious adverse health events,
aged 5 and younger increased by 176.5%. In 2018, including bodily injury (G. S. Wang et al., 2017),
there were 497 calls––compared with 245 when falls (Workman et al., 2021), skeletal fractures
legalization in the state began (Washington (Sophocleous et al., 2017), and acute trauma
Poison Center, 2018). (Vozoris et al., 2022). In fact, a 2022 study found
that marijuana users were nearly 25% more
Following legalization in Illinois, hospitalizations likely than non-users to be hospitalized or go
for children who accidentally consumed edibles to the emergency room (Vozoris et al., 2022). A
spiked. In Cook County, three children were 2022 study “observed a higher proportion of
hospitalized in 2017 for THC exposure, but in 2021, hospital discharges for psychosis associated
124 children in Cook County were hospitalized with cannabis use in areas with more liberal
(Ponce, 2022). cannabis legalization laws” (Moran et al., 2022).
In Alaska, in 2017, there were a total of 3,296 The dramatic increase in emergency cases
inpatient discharges and 6,639 outpatient related to marijuana exposure highlights
discharges related to marijuana (ADHSS, 2020). the danger of commercialization. In many
In Illinois, just several days after legalization, instances, the danger impacts children or
doctors reported a surge in emergency room people who mistakenly consume marijuana.
visits and hospitalizations for marijuana, including Innocent, unwitting citizens are subjected
several cases of marijuana-induced psychosis to the consequences of a situation that they
(McCall, 2020). did not create.
Though it is true that marijuana misuse does
not result in the same kind of immediate IMPACT ON YOUTH
overdose that other drugs may cause, cases of
Cannabinoid Hyperemesis Syndrome (CHS)–– The legalization of marijuana has had a profound
or sometimes Cannabis Vomiting Syndrome impact on rates of youth use, coinciding with
(CVS)––have increased significantly since decreases in risk perception.
legalization. CHS is a disease that presents as Years of playing catch-up to alcohol and tobacco
episodes of screaming and vomiting, dubbed normalization have resulted in important
“scromiting,” and the only effective treatment downward trends in youth alcohol and cigarette
is the immediate stoppage of marijuana use. use. But a new wave of substance use among
The disease primarily affects heavy, daily users children is appearing. Given the relationship
of marijuana. between marijuana use, alcohol use, and
From 2010 to 2014, researchers recorded a 46% cigarette use, it is important to note that usage
increase in CHS cases in Colorado (Bhandari rates of all substances among youth may rise if
et al., 2019). Another study of CHS in Colorado the dangers of youth marijuana use go ignored.
found at least two deaths that were caused by While some marijuana industry proponents
CHS and recorded a third death that CHS is have suggested that a strict legal marijuana
believed to have contributed to (Nourbakhsh et market would limit youth use, marijuana use
among youth is rapidly increasing concurrently
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with legalization––while perceptions of risk Youth use marijuana differently and are affected
associated with use are decreasing. For instance, by marijuana differently. Developing brains are
a 2022 analysis of a longitudinal cohort study particularly susceptible to both short- and long-
of 21,863 individuals found that youth in states term negative repercussions. A 2022 study found
with legal recreational marijuana were more that youth marijuana users are more likely to
likely to use marijuana than youth in non-legal have severe CUD and are more likely to have
states (Knopf, 2022). A 2021 study found that greater psychotic-like symptoms than adult
33% of 16–18-year-olds reported marijuana use marijuana users (Lawn et al., 2022).
(Masonbrink et al., 2021). A 2022 study found
that this demographic of users, aged 16-17, are Youth aged 12-17 have seen a 145% increase in
more likely to have severe CUD than adult users rates of Cannabis Use Disorder from 2018 to 2021
(Lawn et al., 2022). (Substance Abuse and Mental Health Services
Administration, 2018, 2021).
Risk perception is directly related to use. A
2022 study found that in legal states, youth In Washington state, marijuana violations have
have lower perceptions of risk of marijuana use remained high since legalization in 2014. As
and higher rates of use compared to non-legal of December 2019, 3,220 violations have been
states (Bhatia et al., 2022). The pro-legalization documented. Violations pertaining to the sale or
Cato Institute also found, “All states that have service of marijuana to a minor, or for allowing
legalized marijuana fall below the average U.S. a minor to frequent a restricted area, comprised
risk perception” (Dills et al., 2021). 16.3% of all of these violations (Washington
State Liquor and Cannabis Board, 2020).
Compounding this problem are the increasing A study of youth in Seattle also found that
rates of use by adults. The 2021 Monitoring the “nonmedical marijuana legalization predicted
Future report found the highest instance of a higher likelihood of self-reported past-year
marijuana use in young adults aged 19–30 since marijuana and alcohol use among youth” (Bailey
1988, with 43% of young adults reporting use in et al., 2020).
the past year (University of Michigan Institute
for Social Research, 2022, p. 56). Among 11th graders in Oregon who currently use
marijuana, 67% reported obtaining marijuana
In part, the ease of obtaining marijuana has from a friend (Oregon Health Authority, 2016).
contributed to youth use in “legal” states. Furthermore, 37.2% of 8th and 49.5% of 11th
Restrictions on selling to minors have not stopped graders reported being exposed to online
state-sanctioned vendors from selling the drug marijuana advertisements in the past 30 days
to underage consumers in “legal” states. In 2020, (Oregon Health Authority, 2017). A study found
41% of young people nationwide aged 12 to 17 that one in three youth living in a state where
indicated that they perceived marijuana to be marijuana is “legal” engaged with marijuana
easy or fairly easy to obtain (Substance Abuse and promotions on social media. The same study
Mental Health Services Administration, 2020b). found that youth who engaged with marijuana
In Washington state, where marijuana is “legal,” promotions were five times as likely to use
this number is much higher, with 51% of 12th marijuana (Trangenstein et al., 2019).
graders believing that marijuana was easy to
obtain (Washington State Healthy Youth Survey, In Washington state, 44% of 8th graders believed
2021). Additionally, 38% of high school students there to be no or low risk from regular marijuana
nationwide reported having used marijuana at use, while 40% of 10th and 12th graders reported
some point in their lives (Centers for Disease no or low risk from regular marijuana use. 67%
Control, 2019a). of 10th and 12th graders in the state reported
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no or low risk of trying marijuana once or twice over 167% from 2017 to 2022. An average of
(WSHYS, 2021). 10% of teens reported past-month marijuana
vaping in 2019. In 2019, MTF first recorded data
Additionally, near-daily marijuana use–– on near-daily marijuana vaping and found
as reported by the University of Michigan’s that 2.4% of this age group vaped marijuana
Monitoring the Future (MTF) survey––increased almost every day. That number exceeds near-
dramatically from 2018 to 2019; 6.4% of 12th daily cigarette and near-daily alcohol use
graders, 4.8% of 10th graders, and 1.3% of 8th among this group. A 2021 study found that
graders reported near-daily marijuana use in vaporized marijuana was among the most
2019. The increase in near-daily marijuana use socially acceptable modes of use among youth
among 8th graders is particularly concerning: (Romm et al., 2021).
near-daily usage rates jumped 85.7% from
2018 to 2019 (Miech et al., 2019). The University As marijuana legalization advocates have argued
of Michigan also found that marijuana use in that youth marijuana use falls in conjunction
the past 12 months and in the past 30 days with legalization, it is important to note trends in
had reached the highest levels ever reported use in states that have legalized the drug. More
since 1988 (Monitoring the Future, 2021, p. 2). young people use marijuana in “legal” states––
Notably, because of the implications of the and they use it more frequently. A recent study
COVID-19 pandemic (e.g. parental supervision “suggests an increase in adolescent past-month
as a result of remote learning environments), consumption of cannabis following legalization”
youth use decreased from these highs in 2021 (Lachance et al., 2022). These trends are driven
and 2022 (Miech et al., 2023). It remains to be by the decreased perception of risk as well as
seen what will happen with these national the increased availability of marijuana that
numbers as kids return to school and normal accompanies legalization. Nationally, fewer
living and learning environments. people, especially youth, perceive a risk from
smoking marijuana. This downward trend is
Youth marijuana vaping has added to the already- driven by the relaxed approach to marijuana
alarming trend of increasingly prevalent marijuana in states where it’s “legal.”
use among young people amid widespread
commercialization. Trends in youth vaping have A 2023 study found that not only do rates of
given way to a countrywide epidemic (Centers for youth past-month marijuana use increase in
Disease Control, 2019b) that presents implications legal states, but perception of harm decreases.
for youth marijuana use. Youth vaping of any kind This study also found that despite higher use
(tobacco or flavors) has been shown in several in youth and young adults, fewer people are
studies to increase the likelihood of subsequent receiving treatment for CUD (Mennis et al., 2023).
marijuana vaping or marijuana use generally Researchers were careful to note that lower
(Chadi et al., 2019; Kowitt et al., 2019; Sun et CUD treatment utilization does not mean lower
al., 2022). rates of CUD, but means more people need
treatment and fewer are receiving it. Rates of
Past-year youth vaping of marijuana has CUD are increasing as potency increases and
increased dramatically since the MTF survey perception of harm decreases; in fact, 1 in 3 past
began recording data on the subject in 2017. month users of marijuana in the U.S. meet the
As reported by this survey (Miech et al., 2019), criteria for CUD diagnosis (Lehman, 2022).
lifetime, annual, and past-month marijuana
vaping among 8th, 10th, and 12th graders has Despite claims by the marijuana lobby that
all dramatically increased in just one year. adolescent use is not higher in “legal” states,
Past-month use among teenagers increased researchers using the Monitoring the Future
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study found increases in use following 2019a). According to 2018/2019 pre-pandemic,
legalization in Washington state among 8th, state-specific data in the NSDUH, 12.4% of
10th, and 12th graders (Cerdá et al., 2017). This youth in non-legal states reported past-year
was confirmed by University of Washington marijuana use and 6.6% of young people in those
researchers, who published in the American states reported past-month use. Comparatively,
Journal of Preventive Medicine and found use rates for 12–17-year-olds in “legal” states
that marijuana legalization predicted a six-fold are several percentage points higher: 16.5%
increase in self-reported past-year marijuana for past-year use and 9.2% for past-month use
use among youth when controlling for birth (Substance Abuse and Mental Health Services
cohort, sex, race, and parent education (Bailey Administration, 2019a).
et al., 2020).
The issue of marijuana use among youth in
An average of 16.4% of 12–17-year-olds in “legal” “legal” states is further elucidated by data
states reported past-year use in 2017/2018, taken on first-use rates––the percentage of
and an average of 9.4% reported past-month young people initiating marijuana use in the
use (Substance Abuse and Mental Health past year (Substance Abuse and Mental Health
Services Administration, 2018b). In California, Services Administration, 2019a). The average
Colorado, Massachusetts, and Nevada, past- rate of first use in “marijuana-legal” states was
month marijuana use among young people 7.3% in 2018/2019. In states where marijuana
jumped over 4% in each state from 2016/2017 to remains illegal, first-use among 12- to 17-year-
2017/2018. In Washington state, use increased olds in 2018/2019 was 5.6%.
even more dramatically: 9.9% of young people
reported past-month marijuana use, marking Marijuana commercialization––and the
a near 11% increase in past-month use from subsequent normalization of marijuana
2016/2017. An independent report in Alaska use––plays an important role in the increased
found that 22% of high schoolers in the state marijuana use of young people. A 2017 study
reported past-month use in 2019 (Alaska Youth found that the longer duration of legalization
Risk Behavior Survey, 2019). and higher dispensary density was associated
with increased use of vaping and consumption
A study found legalization “in California was of edibles by 14–18-year-olds (Borodovsky et al.,
associated with an increase in adolescent 2017). Marijuana dispensary density has been
marijuana use in 2017–2018 and 2018–2019,” linked to more use among youth, with 16% of
which is troubling because “increases observed 11th graders reporting marijuana use in areas
in California may portend continued increases with less dispensary density compared to 24.3%
in adolescent marijuana use in future years if of the same age group reporting use in more
marijuana use becomes more popular among retail-dense areas (A. Hatch, 2017). And a 2020
legal age adults and more normative in California” study found that regular exposure to marijuana
(Paschall et al., 2021). The study also found that advertising raises the likelihood of adolescents
after California legalized, teens were 18% more using marijuana (Fiala, 2020).
likely to consume marijuana at any point in their
lives and 23% more likely to consume in the last A 2020 study by the University of Washington
30 days (Paschall et al., 2021). finds that marijuana legalization and
commercialization may have begun a reversal of
These nationwide increases far exceed marijuana previous downward trends in teen marijuana use
use rates among youth aged 12 to 17 in states (Bailey et al., 2020). The study, which followed
where marijuana remains illegal (Substance 230 teens and young adults, found that young
Abuse and Mental Health Services Administration, people may be more likely to use marijuana
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after commercialization, due to normalization concentrate, often of unspecified potency that
as a result of the oversaturation of stores, can reach up to 99% THC, and inhaling the
advertisements, and rapidly rising adult use vapor. One study on dabbing found that the
of the drug. process may deliver significant amounts of
additional toxins, such as methacrolein and
The commercialization of marijuana has benzene (Meehan-Atrash et al., 2017). A 2020
also adversely impacted schools and youth study found that adolescents who dabbed
academic performance. According to Joe were six times more likely to continue using
Zawodny, director of secondary education for concentrated forms of marijuana later in life
the Anchorage School District, “Because it’s (Medzerian, 2020).
legal in the community, I think, the stigma
around marijuana use is decreasing. The data There are intense ramifications to marijuana
would seem to say there is increasing use” use by youth. Developing brains are especially
(Wohlforth, 2018). In Washington state, high susceptible to the negative effects of marijuana
schoolers reporting marijuana use also reported use, and young users have demonstrated
lower grades (more C’s, D’s, and F’s) than those changes in grey matter volume, indicating
of their peers who did not smoke marijuana negative consequences for brain development
(Washington State Healthy Youth Survey, 2021). (Orr et al., 2019). Young users are also at a greater
risk for mental health problems, dependence
In Alaska, the number of youths referred for on marijuana, and future substance misuse
marijuana-related crimes jumped to a high of 302 (Coffey & Patton, 2016). Chronic adolescent
(Alaska Department of Health and Social Services, marijuana use has been correlated with
2020). A study also found about 22% of students cognitive impairment and worsened academic
in grades 9–12 reported that illegal drugs were or work performance (Arria et al., 2015; Meier et
“offered, sold, or given to them on school property al., 2015; Salmore & Finn, 2016; Schuster et al.,
during the previous 12 months” (National Center 2018; Silins et al., 2014). Meier et al. found that
for Education Statistics, 2021). “the most persistent adolescent-onset cannabis
Marijuana use among youth in “legal” states users evidenced an average 8-point IQ decline
also coincides with marijuana misuse and from childhood to adulthood” (Meier et al., 2012).
substance use disorder.
A 2022 study found that adolescent users
A 2019 study (Cerdá et al., 2020) found that of marijuana lost an average of 5.5 IQ points
recreational marijuana legalization was in adulthood, compared to an average loss
followed by a 25% increase in adolescent of 0.7 points among lifelong non-users (Hill
marijuana use disorder. & Hsu, 2022).
This trend speaks to the prevalence of high- Youth marijuana use poses a significant risk for
potency marijuana products. A 2021 Washington depression and suicide (Gobbi et al., 2019; Silins
state survey revealed that 33% of 12th graders, et al., 2014). In Colorado, where teen suicides
36% of 10th graders, and 37% of 8th graders who have become the cause of one in five adolescent
used marijuana reported that they dabbed it. deaths (Daley, 2019), youth suicide toxicology
These numbers are up significantly from 2018 reports have demonstrated this devastating
when 13% of 8th and 10th graders and 19% effect. In 2013, marijuana was present in 10.6% of
of 12th graders reported dabbing marijuana suicide toxicology reports for young people aged
(Washington State Healthy Youth Survey, 15 to 19 years; in 2017, marijuana was present in
2021). Dabbing involves heating marijuana over 30% (Colorado Department of Public Health
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& Environment, 2023). One study found that aged 18 to 25 reported lifetime, past-year, and
marijuana was the most common substance past-month use in higher numbers compared
found in post-mortem toxicologies of youth to other age groups at 49.9%, 35.4%, and 24.1%,
suicide decedents (Choi et al., 2019). Additionally, respectively. Daily or near-daily marijuana use
a 2021 study found that polysubstance use of rates of 19- to 30-year-olds reached a new high
marijuana, alcohol, and tobacco was associated in 2021. In 2021, more than 42.6% of that group
with depressive symptoms, anxiety, and lower reported marijuana use in the last year; 28.5%
grade point averages (Crane et al., 2021). reported using in the last 30 days (University of
Michigan Institute for Social Research, 2022, p.
The efforts to legalize marijuana are playing 56). In 2021, the National Institute on Drug Abuse
out with devastating effects on youth across found that marijuana use reached a historically
the country, while public health agencies are high rate among college students, with 44%
ill-equipped to mitigate the consequences. But reporting use in 2020 (National Institute on
youth are not the only group at risk. Drug Abuse, 2021).
Higher instances of marijuana use disorder
IMPACT ON YOUNG ADULTS have been reported by people aged 18 to 25,
Though the legal age for marijuana consumption coinciding with higher rates of marijuana use.
in “legal” states is 21, marijuana use during young In 2021, 14.4% of adults aged 18–25 reported
adulthood carries a host of adverse effects. marijuana use disorder, up 144% from 2018
Marijuana has a particularly strong impact on (Substance Abuse and Mental Health Services
developing brains, which continue to develop Administration, 2021d, p. 5).
through a person’s late twenties. Unfortunately, These trends in use are most dramatic
marijuana use in this age group is higher than in states that have legalized marijuana
that of any other. (Substance Abuse and Mental Health Services
The low perception of risk associated with Administration, 2019a). The percentage of young
marijuana use, as well as the highest use adults, aged 18 to 25, reporting past-year and
rates of all age categories, makes marijuana past-month use in 2018/2019 was significantly
an unexamined issue for many young adults. higher than young adults in legal states. An
average of 44.5% of young adults in legal states
According to the NSDUH (Substance Abuse and reported past-year use and 30.5% reported past-
Mental Health Services Administration, 2021c, month use. In non-legal states, 33.4% of young
p. 3), in 2021 young adults across the country adults reported past-year use and 21.2% reported
had the lowest percentages of perception past-month use. Legalization has not reduced
of risk associated with marijuana use. Only use; it has encouraged and accelerated it.
11.6% of young adults believed that smoking
marijuana once a month was risky and only 15.2% Given what we know about marijuana’s
perceived a great risk from smoking marijuana effects on the developing brain, young adults
once or twice a week. This is far lower than the should be discouraged from using it, but the
perception of risk of people aged 26 and up: commercialization of marijuana instead heavily
22.9% perceive great risk from smoking once promotes it––without providing any warnings
a month and 27.3% perceive a great risk from about its risks. The same health risks faced by
smoking once or twice a week. teen marijuana users affect young adult users.
Although initiating marijuana use during the
Young adult marijuana use outpaces other early teen years is thought to be associated with
age groups in the United States. Young adults a greater risk of psychosis than if the use begins
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in young adulthood (Arseneault et al., 2002), this Marijuana legalization poses a significant threat
does not mean continuing use through young to low-income and minority communities.
adulthood is safe even for those who have not Though industry proponents suggest that
yet exhibited marijuana-induced psychosis, nor marijuana legalization will alleviate injustices
that commencing use is safe after age 20. Often, against socioeconomically disadvantaged
marijuana-induced psychotic symptoms develop populations, disparities in use and criminal
in young adulthood, with consolidation of those offense rates have persisted in states that
symptoms into a chronic disorder occurring over legalized marijuana.
a period of 8 or more years (Niemi-Pynttäri et
al., 2013). The frequency of use and the potency While it is important to evaluate the impact of
of the product have been found to be more incarceration within certain communities, it
important than the age at which use began is also important to understand the impact
for increasing the odds of a psychotic outcome of marijuana legalization on those same
(Forti et al., 2019). Conversely, the cessation of communities. It is inappropriate to suggest that
use is a protective factor (Gonzalez-Pinto et al., only through marijuana legalization will social
2011; Schoeler et al., 2016). justice be achieved or criminal justice inequity
remedied. In fact, no such effect has been
Co-use also presents a compounded harm to demonstrated in the states where marijuana
young-adult users. As this age group goes off has been made “legal.”
to college––where drinking, drug use, and
other kinds of experimentation are prevalent–– Instead of addressing social justice disparities
marijuana may be used in conjunction with other in one fell swoop, legalization exacerbates
drugs, presenting a risk for future substance these problems in lower income and minority
use disorder. Researchers from Oregon State communities. What’s more, the marijuana
University found that college students who industry has identified them as an important
were binge drinkers before the age of 21 saw new consumer base.
relatively large increases in marijuana use after An early study of medical marijuana
legalization (Kerr et al., 2017). implementation in California found that
A 2023 study found that college students marijuana dispensaries were disproportionately
who used marijuana and alcohol were at a located within areas where the demand for
significantly higher risk of serious adverse marijuana was higher, where there were higher
consequences (M. R. Hatch et al., 2023). A 2021 rates of poverty as well as a greater number
study in JAMA Pediatrics also found that “Young of alcohol outlets (Morrison et al., 2014). In
adults who reported co-use of alcohol and other words, when choosing where to locate
marijuana or met criteria for alcohol use disorder dispensaries, owners followed the data to
and/or marijuana use disorder accounted for low-income communities. Further studies of
82.9% of young adults with prescription drug marijuana dispensaries in Los Angeles found
use disorder and 85.1% of those with illicit drug that the majority of dispensaries have opened
use disorder” (McCabe et al., 2021). primarily in African American communities
(C. Thomas & Freisthler, 2017). And an overlay
of socioeconomic data with the geographic
IMPACT ON COMMUNITIES location of pot shops in Denver shows marijuana
OF COLOR AND LOW- stores are disproportionately located in
disadvantaged neighborhoods (Hamm, 2016).
INCOME POPULATIONS In Oregon, the state conducted an analysis on
the distribution of state-sanctioned dispensaries
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and found that sites were concentrated among 17 was more prevalent among African Americans
low-income and historically disenfranchised and AIAN youth. For example, nationally, 6.7%
communities (McVey, 2017; P. Smith, 2017). of young people aged 12 to 17 reported past-
A 2020 study found that racial minorities in month marijuana use, with 6.8% of Caucasian
California were disproportionately exposed to youth using it in the past month. Comparatively,
unlicensed marijuana sellers, which comes at 7.5% of African American youth and 9.4% of
the cost of “potentially exacerbating health AIAN youth reported past-month marijuana
disparities by selling unregulated products or use. Interestingly, past-month use was lower for
selling to minors” (Unger et al., 2020). 12–17-year-olds identifying as Black or African
American in both 2019 and 2020 than it was
Even though dispensaries are often located for white 12–17-year-olds. White 12–17-year-olds
in low-income communities of color, those appear to have reported the highest numbers
communities do not reap the profits. in past-month usage. Past-year use was 17.3%
for Black or African American 12–17-year-olds in
In fact, fewer than 2% of marijuana business 2019, compared to 17.0% for white individuals,
operators are Black (Gibson, 2021). Less than but was 11.3% in 2020 as compared to 14.9%
20% of business owners and founders are for white individuals in the same age group
minorities (Koski, 2022). In Denver, 74.6% (Substance Abuse and Mental Health Services
of dispensary licensees are white and only Administration, 2021b, p. 1).
12.7% are Hispanic (Levine, 2021).
The decreased perception of risk associated
As a result, the harms associated with marijuana with marijuana use during pregnancy
dispensary locations (such as increased use and has a particularly damaging impact on
misuse, normalization, hospitalizations, etc.) socioeconomically disadvantaged communities.
are disproportionately concentrated within A study by the American College of Obstetricians
particularly vulnerable communities while and Gynecologists reported that young, urban
profits are raked in outside such communities. women from lower income levels have a 15–
28% rate of marijuana use during pregnancy
The importance of this cannot be overstated. (American College of Obstetricians and
Historically, disadvantaged communities lack Gynecologists, 2017). As previously stated,
many of the resources needed to combat the marijuana use during pregnancy has a host of
industry’s targeting and also often lack adequate dangerous consequences for neonates. A 2021
access to proper drug treatment facilities, study found that cannabis use or dependence
thereby exposing community members to an is highest among pregnant women who are 25
increased likelihood of substance misuse with years old or younger, low-income, Medicaid-
limited resources to combat the consequences insured, and receiving care at urban teaching
(Kneebone & Allard, 2017). What the country has hospitals (Gesterling & Bradford, 2022).
seen in the fallout of the opioid epidemic and
the expansion of Big Tobacco (Truth Initiative, From an economic standpoint, advocates of
2018) is being replicated by Big Marijuana. the marijuana industry often argue that any
detrimental effects of marijuana will be offset
In 2021, past-year and past-month use by the cash potential of the drug. Proponents
among minority young people was higher of legalization suggest that the new industry
than the average, as reported by SAMHSA presents previously disenfranchised groups
(Substance Abuse and Mental Health Services with new economic opportunities. In reality,
Administration, 2021b, p. 1). Past-month and although some states have attempted to use
past-year marijuana use among youth aged 12 to legislation to protect and provide for minority
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marijuana business owners, the industry is litigation complexities of our densely-populated,
largely bereft of diversity. Nationally, fewer than metropolitan-bookended state—I fully oppose
2% of all marijuana businesses are owned by it” (Rice, 2019).
minorities (Schoenberg, 2018).
Legalization is not a blanket solution to social
Massachusetts serves as a case study for this injustice. In fact, it may perpetuate it.
phenomenon. As of 2021, only 10 of the 280
cannabis business licenses awarded in “Seeing firsthand how drugs eviscerate
Massachusetts were awarded to Economic urban communities––and understanding
Empowerment or Social Equity applicants (Cotter, how marijuana legalization will impact the
2021). The state requires all “Marijuana Agents,” health, education, economics, business,
persons who work at marijuana businesses, to liability and litigation complexities of our
densely-populated, metropolitan-bookended
register with the state. Demographic analysis
state––I fully oppose it.” (Rice, 2019).
revealed that of 1,306 agents who applied in the
city of Boston, 6% were Hispanic and 4% African
American. This is unrepresentative of the city’s
population (US Census Bureau, 2019). Indeed,
IMPACT ON HOMELESSNESS
an exposé by the Boston Globe revealed that a Though the extent to which a correlation
handful of out-of-state marijuana corporations may exist between the increasing homeless
had locked-in almost all of the licenses through population and the legalization of marijuana
shell companies (Wallack & Adams, 2019). In 2021, is unclear, some trends in this area are notable.
72.4% of these “Marijuana Agents” identified as
white, while only 7.6% identified as Hispanic and A 2022 comprehensive study from Clemson
6% identified as Black (T. Smith, 2021). University determined that data “strongly
suggest that RCL [recreational cannabis
In Chicago, Illinois, where not one of the 11 existing legalization] adoption may cause an increase
growers licensed to sell recreational marijuana was in aggregate rates of homelessness” (Sanderson,
African American, the city council’s Black Caucus 2022). Statistics from individual state data
pushed back. Soon after the state legislature appear to support this claim. In Colorado, for
legalized recreational marijuana, local African example, the homelessness rate appears to have
American legislators took issue with the obvious increased with the expansion of recreational
discrepancy (Koziarz, 2019). Still, Chicago Mayor marijuana. The U.S. Department of Housing and
Lori Lightfoot, who received $123,000 from the Urban Development reported a 13% increase in
marijuana industry in her contentious bid for Colorado’s homeless population from 2015 and
mayor, suggested that those councilmembers 2016, while the national average decreased 3%
take the issue up with the state legislators in (Burke & Acuna, 2017). Business owners and
Springfield. Legalization was implemented on officials in Durango, Colorado, have testified that
schedule. In 2022, there was only one minority- the resort town “suddenly became a haven for
owned dispensary in Illinois (Vinicky, 2022). recreational pot users, drawing in transients,
The late New Jersey State Senator Ron Rice panhandlers, and a large number of homeless
was among the most vocal leaders against drug addicts” (Kolb, 2017).
marijuana legalization. He wrote in an op- Youth homelessness is often negatively
ed, “Seeing firsthand how drugs eviscerate impacted by marijuana use. A 2018 study
urban communities—and understanding how found that daily marijuana use among young
marijuana legalization will impact the health, men substantially increases the probability
education, economics, business, liability, and of becoming homeless (McVicar et al., 2019).
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Additionally, a 2022 study found that the co-use normalization of marijuana in the United States.
of marijuana and tobacco was common among In 2019, 14.8 million U.S. residents reported driving
youth experiencing homelessness, with 85.4% under the influence of marijuana in the last 30
having reported marijuana usage in the past days, up from 12 million in 2018. (Gross, 2019).
month (Glasser et al., 2022). This represents 6.5% of the driving population.
Marijuana users who drive high are twice as
A 2018 study, conducted by the Colorado likely to be involved in a crash (Gross, 2019). A
Division of Criminal Justice, surveyed seven 2020 analysis of crash data in legal states found
Colorado jail populations. It yielded results that if marijuana were legalized nationwide, the
that further link homelessness and marijuana U.S. would suffer an additional 6,800 excess fatal
use (Colorado Division of Criminal Justice, 2018). crashes every year (Kamer et al., 2020).
The study, though small, found that 50.8% of
respondents reported using marijuana 30 days The COVID-19 pandemic affected nearly every
prior to their time in jail. Additionally, 54.9% of part of life, including driving. Fewer Americans
respondents who were homeless prior to their drove during the early months of the pandemic
jail time reported marijuana use 30 days prior and crashes went down in the first half of
to it (compared with 36.1% reporting alcohol 2020 but spiked in the latter half of 2020
use). Of note, “The total number of marijuana (US Department of Transportation, 2022). In
arrests decreased by 68% between 2012 and Colorado, fatal DUI crashes doubled during the
2019, from 13,225 to 4,290,” and “The total first half of 2020 and alcohol- and marijuana-
number of marijuana-related court case filings related crashes were up 32% compared to the
declined 55% between 2012 and 2019, driven first half of 2019 (Grewe, 2020). While data is still
primarily by decreases in misdemeanors and forthcoming on the impact of the pandemic on
petty offenses,” according to a 2021 press release driving in other states, according to the NHTSA,
from the Colorado Division of Criminal Justice active THC was more prevalent among drivers
(Colorado Division of Criminal Justice, 2021). during the COVID-19 pandemic than alcohol,
with 32.7% testing positive for THC and 28.3%
The study also found that of the respondents, testing positive for alcohol (US Department of
38.5% were Colorado natives and 61.5% were Transportation, 2020).
not. Of the non-Colorado natives surveyed,
35.1% reported marijuana as his or her reason In Michigan, a survey found that 51% of medical
for moving to Colorado after it was legalized in marijuana users admitted to driving while “a
2012 (Colorado Division of Criminal Justice, 2018). little high,” and one in five of those surveyed
admitted to driving while very high (Rounds,
Considering the impact of homelessness on 2019). A 2022 Virginia survey found that 60% of
communities––and the resources required past 3-month users reported driving while under
to help those impacted by it––it is worth the influence in the last few months and 26%
further investigating the correlation between of past 3-month users reported driving under
homelessness and legalization. the influence of marijuana at least once a week
(Stratacomm, 2022). 48.8% of teen drivers who
IMPACT ON currently use marijuana reported driving under
the influence (Li et al., 2020).
IMPAIRED DRIVING
Legal states are chasing the science on in-field
Driving while under the influence of marijuana THC testing and hoping science catches up
has proven itself to be an increasingly damaging to policy, as opposed to allowing science to
phenomenon due to the legalization and dictate policy. The science is clear: driving under
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the influence of marijuana is dangerous. The marijuana actually makes people safer drivers
National Institute on Drug Abuse maintains (Stratacomm, 2022).
that marijuana use impairs driving in a number
of ways: by slowing reaction time, decreasing A survey conducted by AAA found that only 65%
coordination, and impairing judgment of time of drivers perceived driving within an hour of
and distance. According to a 2021 AAA study, using marijuana as extremely dangerous or very
speeding on residential streets when co-using dangerous, compared with 94% who felt that
alcohol and marijuana was 55% compared to driving under the influence of alcohol above
35% alcohol-only, and aggressive driving was the legal limit was extremely or very dangerous
marked at 52% compared to 28% for alcohol- (AAA Foundation for Traffic Safety, 2022). The
only (Gross, 2021). answers from younger drivers were even more
alarming. Of respondents between the ages of
A 2020 double-blind randomized clinical trial 19 and 24, only 63.1% believed that driving under
to assess the impact of vaped marijuana on the influence of marijuana was extremely or
driving found that THC impairs driving skills. very dangerous, but 100% of respondents in that
Drivers who consumed THC had more difficulty age group said that driving while over the legal
maintaining lane position for up to five hours limit for alcohol is extremely or very dangerous
after consuming THC (Arkell et al., 2020). This (AAA Foundation for Traffic Safety, 2022). This
study confirms previous findings: a 2010 study disconnect is concerning. The overall downward
found THC use affects multitasking (Lenné et trend in perception of risk has coincided with
al., 2010) and a 2013 study found that smoking an increased percentage of marijuana-impaired
increases lane weaving, slows reaction times, drivers on the road.
and hurts a driver’s ability to perform divided-
attention tasks (Hartman & Huestis, 2013). According to the biological results of
Washington’s Roadside Survey, “nearly one in
Polysubstance use––using marijuana along five daytime drivers may be under the influence
with alcohol or another drug––compounds of marijuana, up from less than one in 10 drivers
the risk of a vehicle crash more than the drugs prior to the implementation of marijuana
being used alone (National Institute on Drug retail sales” (Grondel et al., 2018). A 2021 study
Abuse, 2019b). Drivers under the influence of found that 29.5% of cannabis users have driven
marijuana and alcohol are more dangerous than under the influence of marijuana, and daily
drivers who consume marijuana alone or alcohol cannabis users had a 57% predicted probability
alone (Hartman & Huestis, 2013). Nevertheless, of driving under the influence (Salas-Wright et
marijuana-impaired driving is rising while al., 2021). The Washington state Healthy Youth
the perception of its negative consequences Survey found that in 2021, 9% of 12th graders
is decreasing. drove after using marijuana and 15% rode with
a driver who was using marijuana (Washington
The reduced perception of risk and the State Healthy Youth Survey, 2021). In Alaska,
prevalence of stoned drivers on the road bear one in 10 high school students had driven after
consequences for road safety and raise questions using marijuana (Alaska Department of Health
for legislators and law enforcement going and Social Services, 2020).
forward. This false perception that marijuana
makes people better drivers is growing, In Colorado, DUIDs (driving under the influence
especially among frequent users. A 2022 Virginia of drugs) have risen in recent years and Colorado
survey found that 68% of people who used traffic fatalities where the driver tested positive
marijuana in the last 3 months claimed that for marijuana have been consistently rising
(with a slight decrease in 2018) despite varying
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numbers of traffic fatalities annually (Rosenthal the state, marijuana-impaired drivers comprised
& Reed, 2022). Now, 1 in 4 road deaths in Colorado around 8.8% of all drivers implicated in traffic
involve marijuana (Colorado Division of Criminal fatalities. In the years following, the rate jumped
Justice, 2020). Out of Colorado drivers who to around 18% (Stratton, 2020). AAA writes,
were tested for drugs and alcohol in 2019, 47% “AAA opposes the legalization of marijuana
of drivers tested positive for THC; 19% tested for recreational use because of its inherent
positive for alcohol and THC; and 6% tested traffic safety risks and because of the difficulties
positive for alcohol, THC, and a third substance in writing legislation that protects the public
(Rosenthal & Reed, 2022). Additionally, there are and treats drivers fairly” (Stratton, 2020). AAA
more intoxicated drivers who test positive for also reported that “drug use among nighttime
THC and alcohol together than those who test weekend drivers has risen by 25 percent since
positive for alcohol alone (Rosenthal & Reed, the previous survey in 2007, and driver use of
2022). In fact, 40% of Colorado drivers who are cannabis has spiked by 46% in that same period
convicted for a DUI test positive for alcohol, THC, of time” (AAA Exchange, 2022).
and at least one other substance (Rosenthal &
Reed, 2022). After Canada legalized marijuana, trauma
centers in British Columbia reported double
In a 2022 Colorado report of DUID data, of all the number of moderately injured drivers who
case filings where a cannabinoid screen was tested with a THC level of at least 2 ng per
conducted after a driver was pulled over for milliliter (Brubacher et al., 2022). Research by
demonstrating impaired driving, marijuana the Highway Loss Data Institute found that
was detected in 2,848 of the cases, about 90% the legalization of recreational marijuana in
of drivers who were tested. Of these positive Colorado, Oregon, and Washington coincided
screens, 82.9% tested positive for 1.0 to 5.0+ with an increase in collision claims (Highway
active THC (Rosenthal & Reed, 2022). What’s Loss Data Institute, 2018).
more, 49.2% of those who tested positive for
THC tested positive for extremely high levels Compounding the risk of an increasingly
of the drug, with a THC level of 5.0 or higher. impaired driving population is the difficulty
posed to law enforcement officers who attempt
In Colorado, traffic fatalities have increased to stop and detain marijuana-impaired drivers.
over 51% since 2013 (Colorado Department of The smell of marijuana in a suspected driver’s car
Transportation, 2023). The rise in statewide is no longer enough to make an arrest in many
traffic fatalities has coincided with a rise in states, including in states that have not legalized
instances of traffic fatalities where the driver marijuana (Romo, 2019). Technology that can
tested positive for THC. The number of traffic accurately determine THC levels is under-
fatalities involving drivers who tested positive developed and lacks the certainty of traditional
for marijuana in Colorado rose from 55 deaths breathalyzers. The quick metabolization of THC
in 2013 to 115 deaths in 2018. In 2018, 18.2% of all renders it difficult to detect, requiring tests to
traffic fatalities in Colorado involved a driver who be administered quickly in suspected cases.
tested positive for marijuana (Rocky Mountain
High Intensity Drug Trafficking Area, 2021). Additionally, many states have struggled to
create a standard level of impairment when THC
A recent report released by AAA found that is detected (Queally & Parvini, 2018). Studies
the number of drivers who tested positive for are mixed on what level of THC constitutes
marijuana after a fatal crash doubled after impairment. Recently, scientists found that
legalization in Washington state. Researchers drivers may still be impaired from marijuana
found that in the five years prior to legalization in use well after intoxication, demonstrating an
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increased likelihood of poor driving performance, Colorado Organized Crime Control Act that were
increased accidents, and decreased rule- linked to a marijuana charge increased 643%
following (Dahlgren et al., 2020). In response, from 2013 to 2017 (Colorado Department of Public
13 states, including Michigan, Arizona, and Safety, 2021). Further, crimes against society, such
Pennsylvania, implemented a zero-tolerance as drug violations, have increased 44% since 2014
policy regarding driving under the influence (Denver Police Department).
of any detectable amount of THC (Governors
Highway Safety Association, 2021). Colorado’s crime rate in 2016 increased 11 times
faster than the 30 largest cities in the nation
Many of the “legal” states failed to establish since legalization (Mitchell, 2017). In 2018, data
laws and guidance prior to legalizing marijuana, from the Colorado Bureau of Investigation
leaving law enforcement officers in the dark as demonstrated a 14.2% increase in property crime
legislators played catch-up to dangerous trends. since 2013––157,360 to 179,650––and a 36.5%
As a result, road safety has been compromised. increase in violent crime since 2013––18,475 to
25,212 (Rocky Mountain High Intensity Drug
Trafficking Area, 2019a, p. 52).
TRENDS IN CRIME SINCE
LEGALIZATION Though arrests for marijuana offenses had
declined in the years prior to legalization in
Marijuana legalization advocates have argued Colorado, they are increasing again. In 2013,
that legalization will reduce overall crime. arrests for marijuana sales offenses were at a
However, in “legal” states, marijuana crime low of 337, having decreased 52.1% since 2008.
rates have risen at a faster rate than other states From 2013 to 2018, arrests for marijuana sales
across the country. offenses increased 29.4%. Additionally, prior to
legalization, from 2008 to 2013, arrests for all
While it is difficult to say whether crime drug sales offenses declined 54.9%. In the years
can be causally associated with marijuana following legalization, arrests for drug sales
legalization, some studies shed light on a offenses have increased 11% (Federal Bureau of
correlation. A 2019 study conducted in Denver Investigation, 2018).
found that the prevalence of both recreational
and medical marijuana dispensaries in Denver Overall, while increased crime has not been
neighborhoods is significantly and positively definitively linked to marijuana legalization,
associated with increased crime (Hughes et al., these upward trends in property crime and
2019). A 2021 study linked recreational marijuana violent crime––as well as crimes against
legalization in Oregon to increased property society––warrant further investigation.
crime and violent crime, although further
research is needed (Wu et al., 2021). A 2022 study A THRIVING
in Oregon “found that counties in [Oregon]
have experienced increases in simple assault UNDERGROUND MARKET
rate following legalization, relative to rates in
the 19 non-legalized states” (Wu & Willits, 2022). Commercialization advocates have long argued
that legalization will reduce black market
Researchers found that Denver neighborhoods marijuana activity in “legal” states. They claim
adjacent to marijuana businesses saw 84.8 more legalization will prevent the exporting of
property crimes each year than those without marijuana to non-legal states, serve as a money-
a marijuana shop nearby (Freisthler et al., 2017). maker for state budgets, bolster consumer
The number of court filings charged with the safety, drive out Drug Trafficking Organizations
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(DTOs), and free up law enforcement time. many landowners have given up (LaMalfa, 2022;
However, the legalization and commercialization St. John, 2022).
of marijuana have led to greater black-market
activity than ever before. States do not see a A report from NBC found that 70–80% of
surplus in funds, consumer and environmental marijuana sold in state-legal dispensaries in
protections prove meaningless, DTOs are California was produced and grown illegally
operating in legal states and not trying to (NBC News, 2022). The illegal supply is also of
hide it, but because of legalization, now law course being diverted to other states. Even
enforcement officers have fewer tools to combat California Governor Gavin Newsom in 2016
illegal activity. admitted that 85–90% of California-produced
marijuana was exported (Fuller, 2019). Instead
The unchecked proliferation of the marijuana of solving that issue, now the Governor is
industry has abetted some of these conceding and in September 2022 signed
significant problems. The market saturation legislation to permit the exporting of California
and overproduction permitted and written marijuana to other legal states, a clear violation
into law by “legal” states have caused of constitutional interstate commerce powers
tremendous problems for regulators and (Office of Governor Gavin Newsom, 2022).
law enforcement.
Illegal marijuana originating from “legal” states
All legal states have failed to curtail the illicit is uncovered at increasingly high rates. In its 2019
market, but no state has fared as poorly as National Drug Threat Assessment report, the
California. A bombshell Los Angeles Times DEA (Drug Enforcement Administration, 2019)
series published in September 2022 found found that states with the highest marijuana
the illegal marijuana market in California is removals came from states with major border
much worse than the government wants to crossings or states with medical or recreational
acknowledge. The LA Times calculated that marijuana markets. These states give cover to
the illegal grows outnumber legal grows by illegal activity; black-market problems abound.
as much as 10:1 (Twitter et al., 2022) but not all
counties are equally equipped to deal with the Illicit activity has proliferated with marijuana
illicit market. The 56% of CA counties that have legalization, much of it tied to “state-legal”
opted-out of marijuana sales are prohibited marijuana. Many pro-marijuana figures have
from using state government funds to combat suggested the black market causes problems
illegal grows and instead rely on federal funds. because other states have not legalized marijuana.
This misguided policy, in combination with the This is not true. The unfettered black market will
lowering of criminal penalties for illegal grows, always be able to undercut the “legal” market.
has lowered the cost of business for illicit actors Despite their widespread legality, cigarettes
and emboldened their actions. are still one of the most trafficked commodities
(Kilmer, B., et al., 2010; USA Today (Mar. 17,
Not only do these illegal grows rely on trafficked 2014; Zinsmeister, J., 2015; Center for Public
workers for labor, they also ignore environmental Integrity, 2009).
regulations, including pesticide limits and
water restrictions in the midst of California’s It is well documented that Oregon’s supply
most severe water shortage in recent memory of marijuana far outweighs the demand for
(St. John, 2022). These illegal grows set up shop the drug in the state’s legal market. Between
on federal land or commandeer private land July 2015 and January 2018, 14,550 pounds of
and engage in coercion and acts of violence; illegally trafficked Oregon marijuana, worth
approximately $48 million, was seized en route
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to 37 different states (Oregon-Idaho High The proliferation of high-potency THC extracts
Intensity Drug Trafficking Area, 2018). According has made smuggling logistically easier. The
to a report from the Oregon Liquor Control Oregon-Idaho HIDTA seized 91 clandestine labs
Commission, the supply of marijuana is twice in 2021; 90 of the labs were producing BHO/
the level of demand. Oregon’s overproduction honey oil, a marijuana extract (Oregon-Idaho
issue is so vast, the state has enough marijuana High Intensity Drug Trafficking Area, 2022a).
to meet the current demand for at least six
years (Oregon Liquor Control Commission, 2019). Despite the dropping seizures of marijuana
A 2019 audit by Oregon’s Secretary of State at the southern border, the supply of illicit
found that the volume of marijuana produced marijuana has not decreased; on the contrary,
in Oregon is nearly 7 times its local consumption it has boomed. The Oregon-Idaho HIDTA alone
(Oregon Secretary of State, 2019). A 2021 report seized 875% more marijuana in FY22 in their
found that this trend of supply outweighing region than was seized at the U.S. southern
demand continued, even after Oregon saw a border during the same time period (Oregon-
jump in demand amid the COVID-19 pandemic Idaho High Intensity Drug Trafficking Area,
(Oregon Liquor Control Commission, 2021). 2022b). In 2020, the Central Valley California
HIDTA, one of the 4 HIDTA regions in California,
Adding to this issue, the same 2019 Oregon seized 662,063 kilograms of illicit marijuana
audit found that black market marijuana (Central Valley California High-Intensity Drug
fetches prices several times higher than “legal” Trafficking Area, 2021). In 2020, Colorado law
marijuana. As the U.S. Attorney in Oregon enforcement seized 5,028 kilograms (5 metric
reported in 2018, the state has “an identifiable tons) of bulk marijuana. Officials recorded
and formidable marijuana overproduction 21 different states to which marijuana was
and diversion problem” (Flaccus, 2018). Still, destined (Rocky Mountain High Intensity Drug
marijuana proponents in numerous states seek Trafficking Area, 2021).
faster license approvals and more marijuana
licenses (Alfosni, 2019). The 2021 Recreational “Legal” states also have a proliferation of
Marijuana Supply and Demand Report found illegally produced marijuana, even in their
that since Oregon released its last report in state-licensed dispensaries. In “legal” states,
2019, production has increased by 78% and illegal grow operations have easily blended their
cannabis sold has increased by 150% (Oregon production facilities with “legal” ones and have
Liquor Control Commission, 2021). taken advantage of rural cover to hide from
law enforcement. In Washington, Okanogan
In 2018, Colorado law enforcement seized County Chief Criminal Deputy Steve Brown
12,150 pounds (6.1 tons) of bulk marijuana and told NPR reporters that prior to legalization,
officials recorded 25 different states to which operations of the kind he continues to uncover
marijuana was destined (Rocky Mountain were “hidden up in the hills.” Now, he finds some
High Intensity Drug Trafficking Area, 2019b). In just off roads and within sight of neighbors.
addition to physically moving marijuana out Other investigations have uncovered illegal
of state in vehicles, much of it is sent via the operations run by people who were licensed
U.S. Postal Service. In FY15, USPS apprehended in other “legal” states (Kaste, 2018).
approximately 34,000 pounds of marijuana,
but in FY19, USPS apprehended 93,651 pounds In California, according to recent reports, the
of marijuana, a 175% increase in 5 years (Office black market outsells the “legal” marijuana
of Inspector General, 2016). market at a rate of three to one. These illicit
sellers have brazenly opened shops in cities
across the state, hiding in plain sight and giving
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way to a perpetual game of “whack-a-mole,” quadrupled in some parts of the world over
as one law enforcement officer described it. the last two decades, while the percentage of
These companies also advertise on the popular adolescents who perceived the drug as harmful
marijuana website, Weedmaps, blending in fell by as much as 40 per cent”––this has led
with “legal” sellers. When the state warned to a 22% increase in worldwide drug use since
Weedmaps to stop permitting illegal operators 2010, which drug trafficking organizations have
to advertise, CEO Chris Beals complained that been working to supply (UN Office on Drugs
the problem was not his company’s fault but and Crime, 2021).
rather a result of the state prohibiting more
retail marijuana licenses (Romero, 2019). The corruption permeates the state-legal
market. The DEA reports that financial backing
Local illicit actors are not the only beneficiaries for some state-legal marijuana businesses flows
of “legal” marijuana. The proliferation of black- from illicit revenue and DTOs that illegally shelter
market marijuana bolsters the businesses of profits from marijuana businesses and undercut
well-financed international cartels, which extend tax revenues anticipated by state governments
as far north as Alaska (Alaska State Troopers, (Drug Enforcement Administration, 2020).
2016). The DEA found that Asian drug trafficking
organizations (DTOs) were operating grow The Drug Enforcement Administration concluded
facilities across the state of Washington (Drug in their 2020 National Drug Threat Assessment:
Enforcement Administration, 2020). “Domestic production and trafficking of marijuana
will likely increase as more states adopt or change
Cartel presence in California has only expanded current marijuana laws to establish medical or
since legalization. In California, authorities recreational marijuana markets, allowing criminals
suspect––based on phone records and wire to exploit state legality” (Drug Enforcement
transfer activity, as well as figurines commonly Administration, 2020).
associated with cartels, such as those depicting
Jesus Malverde––that illegal marijuana activity
is tied to the Sinaloa and La Familia Michoacana
TAX REVENUE
cartels (Magdaleno, 2018). In 2021, the Oregon- FROM LEGALIZATION
Idaho High Intensity Drug Trafficking task force
identified 136 DTOs with foreign and domestic Regulated marijuana has not been the revenue
connections (Oregon-Idaho High Intensity Drug cash cow that industry advocates promised.
Trafficking Area, 2022a). Despite having some of the highest marijuana
taxes in the country, California has still not seen
A 2022 report found the Sinaloa Cartel, previously a boom in tax revenue. California’s projected
led by the Mexican drug trafficker Joaquín marijuana tax revenue by July 2019 was nearly
“El Chapo” Guzmán who is now serving a life half of what was originally expected when
sentence in U.S. federal prison, was lobbying the state permitted retail sales in 2018 (Blood,
in favor of marijuana legalization in Mexico, 2019; Fuller, 2019). The FY21-22 marijuana tax
presumably because cartels could find a “legal” revenue was only 0.49% of the state’s entire
way to get into the drug business and launder budget (California Department of Tax and Fee
money from other drugs as well (Chaparro, 2022). Administration, 2022).
The legality of marijuana in some states In Alaska, marijuana tax revenue represented
continues to boost the underground market. 0.29% of the state budget, in Oregon 0.30%, and
Additionally, the United Nations’ 2021 World in Colorado, it represented nine tenths of one
Drug Report found that “cannabis potency has percent of Colorado’s 2022 statewide budget
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(Smart Approaches to Marijuana, 2022). While by the citizens of marijuana-friendly states is
marijuana’s supporters may point to the fact not accurate.
that Colorado received $332 million (projected)
in tax revenue in 2022 (Colorado Department Proposition 64, the marijuana ballot measure
of Revenue, 2022), a study from Colorado in California, received just over 57% of the vote
Christian University found that every $1 in tax when it appeared on the ballot in 2016. Yet 68%
revenue resulted in approximately $4.50 in costs, of California localities have opted out of allowing
ranging from additional healthcare costs to more marijuana shops to open (Nieves, 2021). This
students dropping out of high school (Centennial means the “legal” shops will be concentrated
Institute, 2018). in a handful of towns and communities. While
California has 2.1 dispensaries for every 100,000
In 2022, California cut several marijuana-related residents, Alaska has a rate of 20.3 dispensaries
taxes in hopes of saving “failing” marijuana for every 100,000 residents, Oregon has a rate of
businesses (Yee, 2022). In reality, many state- 17.9, and Colorado has a rate of 14.2, as of October
legal growers had already given up on the 2021 (Nieves, 2021).
bureaucracy and had begun illegally (El Mahrer
et al., 2022). Marijuana license holders complain What’s more, licensed operators have expressed
that “legal” states are excessively regulated and frustration with the restrictive policies of the
that taxes on the drug are too high (Alfosni, localities, prompting one legislator to craft a
2019). They go as far as to say that regulation and law that would require towns that opted out
taxes are the reason the black market continues to permit at least one marijuana business for
to dominate. As we have seen in California, that every four bars or restaurants. According to a
contention is ill-founded for several reasons. The Los Angeles Times report, that would result in
regulatory and compliance systems instituted nearly 2,200 new marijuana shops across the
in the “legal” states were instituted with little state (McGreevy, 2019a). The legislation runs
foresight. State compliance officials are left counter to what the citizenry was promised in
on their heels while various regulatory and the ballot initiative.
compliance issues become exposed. The Oregon The shocking discrepancy has been replicated
Liquor Control Commission wrote in a 2018 across the country. When it comes to marijuana-
report that, “due to the legally required rapid related ballot measures, voters may think the
implementation of the recreational program, issue is very important. The picture changes
OLCC has not been able to implement robust when legalization hits home. Voters choose to
compliance monitoring and enforcement opt-out of marijuana in their communities in
controls and processes for the recreational large numbers. This raises questions about the
marijuana program” (Oregon Liquor Control political process of legalization.
Commission, 2018).
In Michigan, where recreational marijuana sales
began in December 2019, more than 1,400 of
LOCALITIES OPT-OUT OF the state’s 1,773 municipalities opted out of
RETAIL MARIJUANA recreational marijuana––with 40 of 83 counties
reporting none of their municipalities allowing
Although marijuana legalization has been the sale of medical marijuana (WXYZ Detroit,
passed by ballot measures in several states, 2019). That amounts to approximately 79% of the
the picture at the local level is very different. state’s municipalities opting out of marijuana.
The perception that legalization is welcomed
In Colorado, another state thought to be
marijuana-friendly, 64% of jurisdictions banned
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both recreational and medical marijuana sales samples purchased from licensed retailers in
(Colorado Marijuana Enforcement Division). Southern California tested positive in labs for
As a result, nearly 59% of licensed medical pesticides (Grover & Corral, 2019). A 2021 study
and recreational marijuana locations are also found that medical marijuana is “prone to
concentrated in four counties: Denver (345), contamination of metals, fungi, and pesticides
El Paso (125), Boulder (68), and Pueblo (58) during manufacturing and storage processes”
(Colorado Department of Revenue, 2019). (Dryburgh et al., 2018). States are ill-equipped
to handle marijuana testing, and even states
In New York, 58% of municipalities have opted with the most stringent regulatory requirements
out of consumption sites (Rockefeller Institute have demonstrated significant lapses, which
of Government, 2022). has allowed contaminated marijuana products
Over 60% of municipalities and counties in to reach the market (Crombie, 2017). Licensed
Oregon have opted out of marijuana sales. marijuana retailers are not incentivized to comply
Although some of these jurisdictions voted after with the law and they benefit from that leeway
shops set up in their cities, no new marijuana while continuing to point fingers at the black
retail stores are permitted. As such, 50% of market when problems arise. As a result, the
Oregon dispensaries are concentrated in three states themselves are blurring the lines between
counties, with 196 of the total 666 dispensaries “legal” and illegal marijuana, by allowing “legal”
located in the county of Multnomah (Oregon operators to skirt regulation.
Liquor and Cannabis Commission, 2023). In “legal” states, illegal grow operations have
In Illinois, similar debates are raging, with more easily blended their production facilities
community mobilization than many legislators with “legal” ones and have taken advantage
and community organizers have ever seen, of rural cover to hide from law enforcement.
according to a report by the Chicago Tribune Additionally, illicit actors have taken advantage
(McCoppin et al., 2019). The wave of anti- of federal hemp legalization. Because hemp
marijuana sentiment surprised some, since and marijuana are only distinguishable through
the measure passed fairly easily in the state laboratory testing, these illicit actors shield their
legislature. That being said, an investigative illegal marijuana grows in legal hemp fields.
report by Illinois-based newspapers found that–– (Drug Enforcement Administration, 2020). Even
from January of 2017 to the spring of 2019–– legal hemp fields are not exempt from issues.
marijuana companies, executives, and lobbyists The New York Times reported that sellers are
donated over $630,000 to various politicians in now offering Delta 8 THC, which is derived from
the state (Grace, 2019). hemp, to circumvent a law that prohibits Delta
9, the psychoactive ingredient in marijuana,
While it may pay to gain the favor of legislators, from being sold (Richtel, 2021).
localities are far less certain about “legal”
marijuana taking over their hometowns. In a 60 Minutes story on marijuana in California,
Sheriff Tom Allman took reporter Sharyn Alfonsi
in a helicopter to survey an illegal grow site in
“LEGAL” PRODUCTS the “Emerald Triangle”––an area of California
ARE UNSAFE known for its illicit production of marijuana.
He was not surprised that the operation wasn’t
The lack of oversight also bears consequences for hidden. “Allman explained since Prop 64 and
consumer safety. An independent investigation the legalization of marijuana, the black-market
in San Diego found that nearly 30% of marijuana suppliers try to blend in with legal pot farmers
sometimes on the same property” (Alfosni,
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2019). In response, the three counties within the Furthermore, limited resources have prevented
“Emerald Triangle” were given $1.5 million to law enforcement officials from investigating
address the increasing rates of illegal marijuana illegal grow sites––which are often well disguised
growth and crime (Barringer, 2022). on state and federally protected land. In 2017
alone, for example, 80,826 plants were seized
Another major promise of marijuana proponents from Colorado public lands, compared to 4,980
was that a “legal” market would eliminate black in 2013 (CBS News, 2019).
market weed and allow law enforcement officials
to focus on other things. Allman laughed at Surrounding communities and ecosystems are
the idea and told Alfonsi that he was “looking at stake. Marijuana facilities on federal land in
forward to that day” (Alfosni, 2019). The very California are estimated to contain up to 731,000
creation of the “legal” marijuana market in pounds of solid fertilizer, 491,000 ounces of
California has ushered in a more powerful illicit liquid fertilizer, and 200,000 pounds of toxic
market than had ever existed before. What’s pesticides (Bernstein, 2017). These chemicals
more, Allman believes that his department lacks threaten the surrounding environment and
resources to combat the illegal operations. He have devastated local animal species. An illegal
estimates that it only has the capacity to handle rodent poison has been associated with a rise in
10% of the illegal grows. According to a 2019 instances of death of the northern spotted owl,
industry report, $8.7 billion of the revenues made a threatened species native to the northwest
from marijuana sales in California’s massive (Franklin et al., 2018).
cannabis market are illegal, compared to $3.1
billion in legal revenues (McGreevy, 2019b). In California, officials estimate that 70% of the
illegal market is cultivated on public lands.
According to one investigative report, nine out
ENVIRONMENTAL IMPACT of every 10 illegal marijuana farms raided in 2018
contained traces of carbofuran, an extremely
Conversations regarding the legalization of toxic and banned chemical. From 2012 to 2017,
marijuana have largely ignored the threat that six times as many chemicals have been found at
the industry poses to the environment. Given these operations. “These places are toxic garbage
the lack of data, it is difficult to predict the full dumps. Food containers attract wildlife, and the
extent of marijuana’s impact. However, early chemicals kill the animals long after the sites
indications point to damaging consequences. are abandoned,” said Rich McIntyre, director of
Research suggests that indoor marijuana grows the Cannabis Removal on Public Lands (CROP)
emit as much CO2 as 3.3 million cars on the road Project, which is dedicated to restoring lands
(Larkin & Sweeney, 2022). A 2021 report from the devastated by criminal grow sites on state and
American Chemical Society identified six impact federal property in California (Weber, 2019).
pathways from cannabis cultivation: land-cover “We think there’s a public health time bomb
change, water use, pesticide use, energy use, ticking,” he said, because 60% of California’s
air pollution, and water pollution (Wartenberg water comes from national forest land. The
et al., 2021). reclamation of such illegal grow sites costs an
The environment is at risk of pollution from average of $40,000 per site (Weber, 2019).
both “legal” and illegal marijuana operations. As marijuana legalization expands, so too does
Regulatory standards are lacking and the illicit market and the threat it poses to
enforcement is low. The lack of clarity in the environment. But illegal marijuana is not
regulation has blurred the line between “legal” the only culprit. Marijuana cultivation uses
and illegal marijuana cultivation practices. and requires a significant amount of power.
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Indoor marijuana cultivation (which makes up market to increase by 86% by 2025 (Felbab-
80% of all growing) is highly inefficient. In fact, Brown, 2021).
indoor marijuana cultivation consumes 709
kBtu/sq ft. A normal home or office building Additional studies have highlighted the need
consumes just 40-50 kBtu/sq ft (Price, 2020). The for a better understanding of the consequences
indoor cultivation of one kilogram of marijuana of marijuana cultivation. A 2016 study focused
requires 5.2 megawatt hours of electricity and on marijuana production in Humboldt County,
releases 4.5 metric tons of carbon dioxide California, found that 68% of the grow sites were
emissions, comparable to that of a passenger less than 500 meters from developed roads,
car in one year (Reitz, 2015; US Environmental introducing a risk of landscape fragmentation;
Protection Agency, 2023). Indoor cultivation that 22% of grows were on steep slopes, posing
in Massachusetts makes up 10% of the state’s a risk for erosion, sedimentation, and landslide;
industrial electricity consumption (Young, 2021). and that 5% were less than 100 meters from
Marijuana cultivation is so energy intensive that threatened fish habitats (Butsic & Brenner,
its emissions are similar to levels caused by coal 2016). A subsequent study found that marijuana
mining in Colorado (Summers & Quinn, 2021). farming has drastic impacts on its surrounding
environment, an important observation as the
Marijuana production is nearly four times more industry seeks to expand (I. J. Wang et al., 2017).
energy intensive than coal or oil production
(Mills, 2012). The Alliance to Save Energy found, From 2012–2016, the number of marijuana farms
“Indoor cannabis cultivation is one of the in Northern California increased 58% and the
most energy-intensive industries, spending total area under cultivation expanded 91%.
an estimated $6 billion on energy annually. Expansion of these farms occurred in locations
That’s a hefty electricity bill, matching that of of extreme environmental sensitivity. However,
the federal government powering its facilities” budgetary accommodations for regulating
(Reott, 2020). And energy consumption issues marijuana farm expansion were relatively low
will only worsen. Research estimates that annual compared with other regulatory programs
marijuana cultivation electricity demand will (Butsic et al., 2018). Additionally, a study from
increase by 65% over the next ten years (T. Miller the University of California, Berkeley, found
& Bischof, 2020). that “While California only has 8,000 permitted
cannabis farms, scientists mapped 15,000 in
A 2015 study on the impact of marijuana Humboldt County alone” (Dillis et al., 2021).
cultivation on watersheds in California found
that individual marijuana plants require 22.7 Legalization has thus far resulted in extreme
liters of water daily. Production facilities range in environmental damage, and the consequences
daily water demand from 523,144 liters to 724,016 may not be fully understood in time to prevent
liters (Bauer et al., 2015). A 2021 article from the worse outcomes, as the industry further expands.
Brookings Institution also found, “The scale of
the problem is staggering: Even at the end of INCREASED DANGER
2020, illegal cannabis grows sucked up between
11.4 million and 36.3 million liters of water daily! TO PETS
The widespread illegal cultivation contributes
to water depletion and conflict over water and More pets are inadvertently eating marijuana
has other bad environmental consequences” and marijuana-infused products, stemming
(Felbab-Brown, 2021). Researchers expect the from the products being improperly stored
total amount of water used by the legal cannabis in households. Dogs have more cannabinoid
receptors in their brains than humans, which
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means marijuana side effects are much CANADA
more pronounced in canines (Gollakner &
Buzhardt, 2022). Canada was one of the first countries to legalize
Pets are likely unable to differentiate edibles recreational marijuana, legalizing its possession
from regular food or treats so accidental and use in 2018. Early data are indicative of
ingestion is a concerning risk. The ASPCA’s problematic trends.
Animal Poison Control Center reported the Canadian use rates have increased. Among
number of these cases increased from 330 those 16 or older, past-year use increased
in 2012 to 5,811 in 2021, representing a 1,660% from 22% in 2018, the year Canada legalized
increase (N. Martin, personal communication, marijuana, to 27% in 2022 (Health Canada,
October 18, 2022). In 2021, the Pet Poison Hotline 2022b). Furthermore, past-month use increased
reported a 450% increase in accidental marijuana from 15% in 2018 to 19% in 2022, indicating that
ingestion (Nationwide, 2023). According to these same users are using the drug more
the ASPCA, “Signs pets commonly show after frequently. Among 16–19-year-olds, past-month
ingesting marijuana or marijuana products use increased from 23% in 2018 to 25%; among
include unsteadiness on the feet, depression, 20–24-year-olds, it increased from 30% to 36%.
dilated eyes, dribbling urine, sensitivity to sound Daily use among those 16 or older has remained
and touch, slow heart rate and even low body largely unchanged, going from 25% of past-
temperature” (ASPCA, 2018). year users in 2018 to 26% in 2021 and back to
A Colorado study found that the consumption 25% in 2022.
of “medical grade tetrahydrocannabinol butter” Marijuana use among youth in Canada is
resulted in the death of two dogs (Meola et al., high. Past-year use among people aged 16 to
2012). In 2019, the American Veterinary Medical 19 increased more than 22% from 2018, when
Association warned, “Even if you don’t bring marijuana was legalized, to 2019 (Health Canada,
marijuana into your house, legalization could 2019). In 2019, 16% of Canadians aged 16 to 19
increase the chances of your dog coming upon reported using marijuana almost every day, or
a discarded joint or edible while outdoors” every day (Health Canada, 2019). According to
(American Veterinary Medical Association, 2019). Canada’s youth drug survey, 18% of young people
This trend is likely to worsen as more states in middle school and high school reported past-
legalize marijuana and more individuals begin year marijuana use (Health Canada, 2022a). Over
using marijuana more frequently. 19% of young people in grades 7–9 and nearly
The industry has also heavily marketed 30% of young people in grades 10–12 reported
unproven, unregulated marijuana products to dabbing marijuana when they used it (Health
pet owners, claiming it can help calm anxious Canada, 2022a). 17% of young people in grades
pets and help relieve pain. Some claim CBD can 7–12 reported using both alcohol and marijuana
even cure dog cancer (Coile, 2021). Studies on (Health Canada, 2022a).
THC or CBD use in pets are limited; even if THC Marijuana-impaired driving is on the rise. A
is legal in a state, it is only legal for adult human 2022 study found that after legalization, the
consumption, not legal for pet consumption. rate of drivers who tested positive for THC in
One of the few things that is known about CBD British Columbia doubled (Brubacher et al.,
consumption in dogs is that it can inhibit the 2022). Additionally, 7% of drivers in Canada
effectiveness of medication (Coile, 2021). reported driving after using marijuana in 2019, a
jump of over 112% just one year after legalization
(Woods-Fry et al., 2019). And 20% of those who
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reported driving while high reported co-using 7. Admissions to treatment and counseling
marijuana with alcohol (Health Canada, 2019). intervention programs.
The black market continues to dominate 8. Cost of implementing legalization from
in Canada. Reports suggest that the legal law enforcement to regulators.
market comprises just a third of the market for 9. Cost of mental health and addiction
marijuana in Canada (Miller, 2020), and 40% of treatment related to increased
users in Canada reported that they had obtained marijuana use.
marijuana illegally since it was legalized (Turvill, 10. Cost of needing, but not
2020). An investigation by Radio-Canada found receiving, treatment.
connections to organized crime in the Canadian
legal marijuana market (Denis, 2018). 11. Effect on the market for alcohol and
other drugs.
After Canada expanded the sales of THC 12. Cost to workplace and employers,
products, emergency department visits and including impact on employee productivity.
hospitalizations of children exposed to marijuana
increased nine-fold (Neustaeter & Favare, 2022). 13. Effect on minority communities,
including arrests, placement of marijuana
establishments, and quality of life indicators.
RECOMMENDATIONS 14. Effect on the environment, including
Policy makers and the public need real-time data water and power usage.
on both the consequences of legalization and
related monetary costs. Meanwhile, we should
pause future legalization efforts and implement
public health measures such as potency caps
in places that have legalized. In addition,
the industry’s influence on policy should be
significantly curtailed. SAM recommends
research efforts and data collection focus on
the following categories:
1. Emergency room and hospital
admissions related to marijuana.
2. Marijuana potency and price trends in the
“legal” and illegal markets.
3. School incidents related to marijuana,
including studies involving
representative datasets.
4. Extent of marijuana advertising toward
youth and its impact.
5. Marijuana-related car crashes, including
THC levels even when testing positive
for alcohol.
6. Mental health effects of marijuana.
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