Delaware Code Title 4 Sec. 1314 – 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, or the Chief Officer’s designee.
g. The Director of the Division of Small Business, or the Director’s designee.
h. One member of the House of Representatives, appointed by the Speaker of the House of Representatives.
i. One member of the Senate, appointed by the President Pro Tempore of the Senate.
j. One marijuana advocate from each county appointed by the Speaker of the House of Representatives.
k. One 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.
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 this chapter on decreasing the illegal sales and production of marijuana.
f. The impact of this chapter 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.
Terms Used In Delaware Code Title 4 Sec. 1314
- Commissioner: means the person appointed by the Governor and confirmed by the Senate who serves as the Marijuana Commissioner for the State. See Delaware Code Title 4 Sec. 1302
- Department: means the Department of Safety and Homeland Security. See Delaware Code Title 4 Sec. 1302
- Division: means the Division of Alcohol and Tobacco Enforcement. See Delaware Code Title 4 Sec. 1302
- Marijuana: means as defined in § 4701 of Title 16. See Delaware Code Title 4 Sec. 1302
- 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. See Delaware Code Title 4 Sec. 1302
- Oversight: Committee review of the activities of a Federal agency or program.
- President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
- Quorum: The number of legislators that must be present to do business.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(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.