Who regulates cannabis retail in Delaware?

Delaware Office of the Marijuana Commissioner (OMC) is the state cannabis regulator for Delaware. Official site: https://omc.delaware.gov.

What seed-to-sale track-and-trace system does Delaware use?

Delaware uses BioTrack (Helix BioTrack THC) for seed-to-sale traceability. CannAgent maps its inventory and transfer records to the fields BioTrack requires.

Is CannAgent available for Delaware dispensaries?

Delaware is a coming-soon market: the DE regulatory depth on this page is current and the code build is queued (track-and-trace vendor approval is in flight). Join the waitlist on this page and we'll reach out when DE goes active.

← All states

Coming soon

Delaware is next in line, not open yet.

The DE rules on this page are researched and current, and DEis one of the three states we build for next. Washington’s CCRS is the only track-and-trace we have integrated, so we won’t name a launch date we can’t hold.

OMC

Coming soon

Delaware OMC-aware dispensary platform

Native compliance hooks for Delaware Office of the Marijuana Commissioner rules. BioTrack traceability, 15% adult-use cannabis tax + 0% Delaware general sales (DE has no sales tax), OMC reconciliation cadence, and the medical / adult-use lane separation HB 1 + HB 2 created.

Regulator

Delaware Office of the Marijuana Commissioner (OMC)

https://omc.delaware.gov ↗

We re-check this regulatorweekly— active rulemaking / transition / year-over-year scheduleLast checked 2026-09-07. That is 5 days past the weekly re-check above — treat anything time-sensitive on this page as due for confirmation.

Statutes that bite

Citation	Subject
4 Del. C. § 1390	Consumer Protection — a Marijuana Control Act violation is also an unlawful practice under 6 Del. C. § 2513 (effective 2026-10-21), which carries a civil penalty of not more than $10,000 for each WILFUL violation (§ 2522(b)), restitution and injunctive relief (§§ 2522(c), 2523), receivership for substantial and wilful violations (§ 2524), and a private cause of action available to any victim without prior Attorney General action (§ 2525(a)) — and § 2513 applies “whether or not any person has in fact been misled, deceived, or damaged”
4 Del. C. Ch. 13	The Delaware Marijuana Control Act — adult-use licensing, regulation and taxation, created by HB 2 (84 Del. Laws c. 24, 2023). HB 1 amended Title 16 only, removing penalties for a personal-use quantity
16 Del. C. Ch. 49A	Delaware Medical Marijuana Act
4 DE Admin. Code 5001	Rules of the Office of the Marijuana Commissioner — establishment licensing, social equity businesses, application/renewal/transfer, compliance, tracking, packaging and testing, and the retail marijuana tax
4 Del. C. §1382+	15% Delaware Marijuana Tax statute (HB 2, 2023)

Tax stack

Excise

15% Delaware marijuana tax — 4 Del. C. §1382 imposes it “on the retail sale of marijuana products under this chapter” at “the rate of 15% of the retail sales price”. The exemption is a PROGRAMME test, not a patient check: the same section provides “This tax is not imposed on the sale of medical marijuana products under Chapter 49A of Title 16.” So a retail marijuana store selling to someone holding a card still owes the 15% — the relief follows the programme the sale is made under, not the shopper.

Sales / Use

0% — Delaware has NO state sales tax. The 15% cannabis tax is the only tax line for adult-use; medical sales tax-free entirely. Total state-stack: 15% adult-use; 0% medical.

Local option

No local cannabis tax — the Delaware cannabis tax line is state-only, so there is no city/county add-on math to resolve. Combined adult-use stack: cleanest in the country at 15% flat.

Compliance topics surfaced in-platform

Age 21+ adult-use / 18+ medical patient ID verification with split lanes — Delaware issues NO registry card to a pediatric patient: the card types are adult patient, caregiver for an adult patient, and caregiver for a PEDIATRIC patient (16 Del. C. §4911A(a)(3)), so the caregiver holds the only credential a minor patient has. That caregiver may be under 21 if they are the minor's parent or legal guardian and assists at most 5 patients (§4902A(5)); certification for an under-18 patient must come from a pediatric specialist (§4902A)
BioTrack tag handoff + manifest reconciliation per 4 DE Admin. Code 5001
Patient registry lookup hook (Delaware Medical Marijuana Patient ID)
Daily inventory reconciliation export shaped for OMC record-keeping
Social-equity license-class flagging (DE’s social-equity-priority retail licenses are a meaningful share of the initial-rollout license pool)

What CannAgent is built toward for DE

Adult-use + medical product lanes with separate tax stacks (15% vs exempt)
Delaware-clean tax math: state-only 15%, no city/county lookup needed
BioTrack-shaped inventory + sale receipt mirror
Social-equity vs standard license-class tagging
Daily reconciliation report (auto-runs at close)
Manager write-up assistant configurable to DE labor + OMC rule taxonomy

Coverage here — honestly

Delaware coverage is written against OMC rules: the bulletins, the cleanest-in-the-country 15%-flat adult-use tax line (no sales-tax stack since DE has none), the social-equity-priority license-class topology in the initial rollout, and the BioTrack reconciliation cadence the OMC requires. We keep it current as the OMC moves, and where something isn’t built for DE yet we say so before you sign.

Operator playbooks

Compliance ops playbook

State traceability reconciliation — the daily, weekly, monthly discipline

Buyer scorecard

Picking a cannabis POS: the 7-question scorecard

Migration playbook

POS migration: a 4-week playbook for cannabis dispensaries

Operations deep-dive

Cash discipline at a cannabis dispensary: variance, escalation, audit

Delaware cannabis retail — common questions

Who regulates cannabis retail in Delaware?: Delaware Office of the Marijuana Commissioner (OMC) is the state cannabis regulator for Delaware. Official site: https://omc.delaware.gov.
What seed-to-sale track-and-trace system does Delaware use?: Delaware uses BioTrack (Helix BioTrack THC) for seed-to-sale traceability. CannAgent maps its inventory and transfer records to the fields BioTrack requires.
What cannabis taxes apply to retail in Delaware?: 15% Delaware marijuana tax — 4 Del. C. §1382 imposes it “on the retail sale of marijuana products under this chapter” at “the rate of 15% of the retail sales price”. The exemption is a PROGRAMME test, not a patient check: the same section provides “This tax is not imposed on the sale of medical marijuana products under Chapter 49A of Title 16.” So a retail marijuana store selling to someone holding a card still owes the 15% — the relief follows the programme the sale is made under, not the shopper. 0% — Delaware has NO state sales tax. The 15% cannabis tax is the only tax line for adult-use; medical sales tax-free entirely. Total state-stack: 15% adult-use; 0% medical. No local cannabis tax — the Delaware cannabis tax line is state-only, so there is no city/county add-on math to resolve. Combined adult-use stack: cleanest in the country at 15% flat.
Is CannAgent available for Delaware dispensaries?: Delaware is a coming-soon market: the DE regulatory depth on this page is current and the code build is queued (track-and-trace vendor approval is in flight). Join the waitlist on this page and we'll reach out when DE goes active.

Join the DE waitlist.

DE is one of the three states we build for next. Leave your details and you get the first call when DEopens — there is no queue and no position, and we won’t name a date we can’t hold.

Join DE waitlist →See the full feature set