The Office of Marijuana Commissioner (OMC) is inviting stakeholders and interested parties to review and comment on the regulations that will control the State regulated adult-use recreational marijuana industry in Delaware.

As you are aware, the Delaware Marijuana Control Act, 4Del. C. Chapter 13 legalized the use of recreational marijuana for individuals 21 and older. The newly created OMC has the responsibility to adopt rules and regulations necessary for the implementation of this law.

As the OMC moves forward with developing its rules and regulations, we are offering the public an early, informal opportunity to review and comment on the elements of the regulations as individual sections are posted weekly on our website beginning in February 2024. It is our hope that this early engagement with the community and stakeholders will enhance transparency and foster a shared commitment to the OMC’s goals.

This informal public comment period is effective from the date of this announcement until its closing on March 29, 2024. During this informal process, OMC will release draft chapters of the regulations at the website omc.delaware.gov and interested parties will have access to a link to provide constructive comments and feedback.

It is important to note that these preliminary, draft regulations are dependent on proposed legislative changes currently under consideration by members of the General Assembly, and the regulations may have to be adjusted based on legislative action. The draft regulations presented in this informal process are a preview of the direction that the OMC is taking in the development of the formal regulations.

Once this informal feedback has been collected, considered, and appropriate revisions are made in response to that feedback, the OMC will begin the formal rulemaking process. Pursuant to the Administrative Procedures Act, Chapter 101 of Title 29, the OMC shall file notice and text of proposed regulation with the Registrar for publication in the Register of Regulations. The publication of official proposed regulations is the start of the formal public comment period. OMC will announce the timing of this formal public comment period and provide key dates on the website as details become available. The target date for the formal public comment period in the Register of Regulations is May 1 through May 31, 2024.

The sections of draft regulations released today include those applicable to the licensing of adult-use recreational marijuana businesses, the application process, the issuance of licenses, and the processes regarding the renewal and transfer of licenses.

OMC encourages stakeholders and members of the public to review these preliminary, draft regulations in the informal process, as well as the officially proposed regulations when published later in the Register of Regulations.

As announced last month, the mask requirement will be extended until February 8

DOVER, Del. – Governor John Carney, the Delaware Department of Education (DOE), and the Delaware Department of Health and Social Services (DHSS) on Monday formally issued regulations that will extend the emergency masking requirement in public and private K-12 schools until February 8. ​

The extension was previously announced by Governor Carney, DHSS, and DOE last month. The regulations are being formally issued this week.

Click here to read the DHSS regulation.

Click here to read the DOE regulations.

“Delaware children from kindergarten through high school are now eligible for COVID-19 vaccination, which should go a long way in protecting the health of students, educators, and school communities statewide,” said Governor Carney. “But that’s only possible if Delawareans get the vaccine. We are seeing a concerning increase in cases and hospitalizations statewide as the weather gets colder. Improving our vaccination rates among children and adults is how we’ll move past this pandemic. These vaccines are free, safe, and extremely protective against serious illness from COVID-19. Getting the shot will keep Delaware’s children protected. And it will keep them in their classrooms learning.”

“The COVID-19 vaccine is safe, effective, and now available to everyone ages 5 and older in Delaware. That’s really exciting,” said Dr. Karyl Rattay, Director of the Delaware Division of Public Health (DPH). “We know from the data that this vaccine does a great job protecting children from the COVID-19 virus and serious illness. Getting the COVID vaccine will also keep Delaware children in school, and prevent quarantines in the event of an exposure to the virus. Talk to your doctor if you have questions about the vaccine and visit de.gov/getmyvaccine for more information.”

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DOVER – The Department of Natural Resources and Environmental Control’s Division of Watershed Stewardship will conduct a public hearing on proposed revisions to Delaware’s Sediment and Stormwater Regulations at 6 p.m. Wednesday, Oct. 10 in the DNREC Auditorium, Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901. The revisions address the October 2015 Delaware Superior Court decision in Baker v. DNREC, legislative changes to the regulations, and recommendations of the Sediment and Stormwater Regulatory Advisory Committee.

The proposed regulation revisions can be found in the September 2018 Delaware Register of Regulations. The proposed revisions may also be viewed in person at DNREC’s Richardson & Robbins Building. For more information, or to make an appointment to see the proposed regulation revisions at DNREC’s Dover offices, please contact Elaine Webb, DNREC Sediment and Stormwater Program, at 302-739-9921 or email Elaine.Webb@delaware.gov.

Interested parties may present statements and testimony, either verbally or in writing, on the proposed regulation changes at the Oct. 10 public hearing. Comments may also be submitted in writing by Oct. 25. Written statements and comments on the proposed regulation revisions should be addressed to: Elaine Webb, DNREC Sediment and Stormwater Program, 89 Kings Highway, Dover, DE 19901, or submitted by email to Elaine.Webb@delaware.gov.

Contact: Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 48, No. 264

DOVER – DNREC Secretary Shawn M. Garvin today signed an Emergency Order making changes in Delaware’s tautog fishing regulations that go into effect July 1. The changes were adopted through an emergency regulation due to insufficient time to adopt the regulations through the standard regulatory process without significantly impacting Delaware’s tautog fisheries.

The regulations increase the tautog minimum size limit to 16 inches, adjust the open seasons to July 1 through Dec. 31 and Jan. 1 through May 15, and reduce the possession limit to four tautog per day during the new open seasons. The adjusted seasons allow Delaware’s commercial and recreational fishermen earlier access to tautog fishing than the previous July 17 reopening of the fishery and provide 48 additional tautog-fishing days annually.

The Emergency Secretary’s Order can be found at http://www.dnrec.delaware.gov/Info/Pages/SecOrders_Regulations.aspx.

The new regulations established by the emergency order bring Delaware into compliance with Amendment 1 to the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan for tautog.

For more information about tautog season, call DNREC’s Fisheries Section at 302-739-9914 or visit www.dnrec.delaware.gov/fw/Fisheries.

Contact: Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 48, No. 173

DOVER – DNREC’s Division of Waste & Hazardous Substances has reopened the public comment period and revised proposed amendments to Delaware’s Regulations Governing Aboveground Storage Tanks, as set forth in 7 DE Admin. Code 1352. The 30-day public comment period regarding the revised proposed amendments will be from Feb. 1 through DNREC close of business March 3.

The Department has revised the proposed amendments based on comments received prior to the Dec. 21, 2016 end of the initial public comment period. The revisions also correct formatting errors found in the original proposed amendments. The purpose of the proposed regulatory action is to clarify technical requirements applicable to aboveground storage tank (AST) systems and specify applicable industry-based reference standards published by the American Petroleum Institute and other trade organizations. Additionally, the regulations propose minimum distances for locating new ASTs near private and public wells consistent with requirements set forth by DNREC’s Well Permitting Regulations. Also, actions required in terms of both reporting and corrective action when AST releases occur have been updated to provide greater clarify and specificity.

The revised proposed regulations were published in the Feb. 1, 2017 edition of the Register of Regulations and can be viewed on the DNREC website at http://www.dnrec.delaware.gov/tanks/Pages/AST-Program.aspx

A public hearing on the initial draft of the proposed amendments was held Dec. 6, 2016. An additional public hearing will NOT be held on the revised proposed amendments unless the Secretary of DNREC receives a request. Comments may be emailed to Lisa Vest or sent by US Mail to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901.

This proposed promulgation falls under the Regulatory Transparency and Accountability Acts of 2015, which requires that agencies proposing new or amended regulations that affect small businesses or individuals to submit a Regulatory Flexibility Analysis (RFA) and Regulatory Impact Statement (RIS). Both these documents are available on the Delaware.gov website, and include consideration and addressing of possible economic impacts of the proposed regulatory amendments.

Media contact: Michael Globetti, DNREC Public Affairs, 302-739-9902

Vol. 47, No. 27

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