Would you like to apply for a Delaware cannabis testing facility license? Although the state has a third-party laboratory contract, its new recreational marijuana law now allows independent testing laboratories to obtain licensing.
However, only five (5) testing licenses will be issued across the state. As early as March 2025, you could be testing marijuana and its products, ensuring the safety of Delaware’s recreational consumers.
As competitive as this license will be, the portal for Delaware marijuana testing facility license applications is open until September 30, 2024 — you still have time!
Delaware Cannabis Testing Facility License
Our licensing guide below provides an overview of how to win a marijuana testing facility license in Delaware. Firstly, we detail the number of licenses available, and then the relevant regulations, application requirements, fees, and the application process.
Approved Activities for Marijuana Testing Facility License in Delaware
Most importantly, the Office of the Marijuana Commissioner (OMC) establishes the licensing process for approved activities and is also responsible for regulating the recreational cannabis industry in Delaware.
For that reason, the OMC authorizes Delaware marijuana testing facility licensees to perform testing and research on retail marijuana and its products for potency and contaminants. Specifically, cannabis product testing licensees may test marijuana and cannabis products transferred from other Delaware marijuana business licensees.
These authorized transferees include cannabis cultivation and manufacturing facilities, as well as retail marijuana stores. The OMC requires the following lab testing:
- residual solvents, poisons, or toxins;
- harmful chemicals;
- dangerous molds or mildew;
- filth;
- harmful microbial such as E. coli or salmonella; and
- pesticides.
Additionally, cannabis testing facilities may analyze for the following, to assist other licensees in transparent labeling and packaging for consumers:
- potency and cannabinoid profiles
- contaminates, such as molds, mildew, and other organic material
- heavy metals
Next, let’s look at the number of licenses available in this competitive market that is open right now. The next round for new testing licenses may not open until 2026, if at all.
Number of Delaware Cannabis Testing Licenses Available
A marijuana testing lab license in Delaware is highly competitive. The Commissioner will only issue up to five limited licenses:
- 3 open licenses
- 2 social equity licenses
Open testing facility licenses have no eligibility restrictions for applying, but they cannot fall into the social equity category.
Keep in mind, a social equity testing license requires prior eligibility validation. If an applicant fails to provide proof of social equity eligibility status, their application may be rejected at any point in the application process.
Find out if your facility location falls within a designated “Disproportionately Impacted Area” (DIA). If so, you may qualify to apply under Criteria 1 of the Social Equity Program.
Next, let’s take a brief look at the current regulations.
Relevant Regulations for Delaware Marijuana Testing Facility Licenses
The OMC regulates Delaware’s adult-use cannabis industry. Firstly, familiarize yourself with Title 4. Chapter 13 of The Delaware Marijuana Control Act. Secondly, examine the rules regarding marijuana testing facility licenses in Delaware.
Thirdly, read the excellent license application guidance provided by the OMC. It is the agency that will be reviewing and allowing applicants to be selected for the lottery which will conditionally award Delaware cannabis testing facility licenses.
Now, let’s review the application requirements. It requires careful document planning, but your submission can be online using the templates provided by the OMC.
Application Requirements for Delaware Cannabis Testing Facility License
Basically, you must provide a comprehensive business plan, including an annual budget, capitalization table, and pro forma financial statements. Within your business plan, detail the experience, training, and expertise of the applicant and managing officers.
Additionally, the OMC requires that you meet the minimum criteria for a marijuana testing facility license in Delaware. This minimum criteria includes the following plans:
- Comprehensive Business Plan
- Safety, Security, and Product Diversion Prevention Plan
- Operating Plan
- Staff and Employee Training Plan
- Environmental and Sustainability Plan
- Quality Assurance Plan
And finally, you need to submit the following documents and proofs:
- Delaware Business License
- Capitalization Table
- Government-issued ID
- Social Equity Verification Document (if applicable).
Pass/Fail Criteria
Ensure you have assembled the above required documents in advance because this will simplify your online submission. Applications will be evaluated on a pass/fail basis in order to be included in a lottery awarding conditional licenses, currently scheduled for late October.
For that reason, you must meet the following criteria for each plan:
- Use the provided template,
- Include all required elements listed, and
- Complete attestation to submit further details of operational plans within 30 days after receiving notification of conditional license.
The Commissioner begins issuing the cannabis testing facility licenses on March 1, 2025.
Post-Lottery Requirements for Marijuana Testing Facility Licenses in Delaware
If awarded a conditional license in the lottery, the Commissioner requires selected applicants to complete a supplemental license application within 30 business days from the selection notification date.
The supplemental application requires final versions of your plans provided to meet the minimum criteria noted above. Lottery-selected applicants will also be required to clear the following:
- Criminal background check,
- Comprehensive financial background investigation,
- Certificate of Tax Clearance, and
- All other verifications required by the commissioner.
Also, applicants need to provide all other documents and verifications required by the Commissioner. Engage our Delaware cannabis consultants for assistance during this brief application opportunity. We can help you get this done more easily!
With this purpose in mind, remember that the initial application portal process to qualify for the lottery closes on September 30, 2024.
Fees and License Costs
Delaware cannabis testing facility application fees are due upon application submission to the OMC. Licenses are valid for two years and licensees in good standing may renew biennially.
Delaware Marijuana Testing Facility
| License Type | Business Type | Application Fee | License Cost |
|---|---|---|---|
| Testing Facility | Open | $5,000 | $10,000 |
| Testing Facility | Social Equity | $1,000 | $4,000 |
Next, let’s take a look at how to apply.
How to Apply for a Delaware Cannabis Testing Facility License
Above all, applying for a cannabis testing license in Delaware involves a structured and detailed process. Below is a step-by-step guide to help you navigate the application process effectively.
Step 1. Understand Eligibility Requirements
Before starting the application, ensure you understand the eligibility requirements for the type of license you are applying for, whether it’s an Open License or a Social Equity License.
Make sure your business structure, ownership, and location align with Delaware regulations.
Step 2. Prepare Required Documentation
Once you’ve determined your eligibility and testing license type, you must prepare the following required plans:
- Comprehensive Business Plan
- Safety and Security Plan
- Operations Plan
- Staffing and Training Plan
- Social Equity Documentation (if applicable)
By all means, create plans that comply with all the laws and regulations for Delaware marijuana testing facilities. If your plans fail to meet the requirements, you will not be entered into the lottery.
Notwithstanding, if you’d like help crafting a successful license application, schedule a call with our Delaware cannabis consultants to learn how we can help you win a license.
Step 3. Utilize OMC Templates
Most important, the Office of the Marijuana Commissioner (OMC) provides specific templates for various parts of the application. It’s essential to use these templates to ensure your submission meets the required format and content standards.
Above all, the Commissioner requires that you use the templates. Their use is essential criteria to pass and be entered into the lottery!
Step 4. Online Submission
Furthermore, the application process is entirely online through the OMC’s portal. Create an account and log in to submit your application. Ensure all required fields are completed, and all documents are uploaded in the specified format.
Step 5. Pay Application Fees
Additionally, you’ll be required to pay the non-refundable application fee at the time of submission:
- Open Testing License: $5,000
- Social Equity Testing License: $1,000
Lastly, payment must be made online through the portal during the submission process.
Step 6. Review and Submit
Before submitting your application, carefully review all your documents to ensure accuracy and completeness. Once submitted, you cannot edit or withdraw your application.
Step 7. Pass/Fail Review
Consequently, the OMC will review your application on a pass/fail basis to determine if it meets the minimum requirements. Only applications that pass this initial review will be entered into the lottery for license allocation.
Step 8. Lottery Selection
Undoubtedly, if your application passes the review, the OMC will enter it into the lottery system. The lottery is currently scheduled for late October 20024. It will randomly select applicants to be conditionally awarded licenses.
Step 9. Supplemental Application (If Selected)
Without reservation, if selected in the lottery, you must complete a supplemental application within 30 business days. This application will require:
- Final versions of your business, safety, operations, and staffing plans
- Criminal background checks
- Comprehensive financial background investigation
- Certificate of Tax Clearance
Step 10. Await Final Approval
To be sure, the OMC will conduct final evaluations. If you have met all criteria, the OMC will officially award your testing facility license, allowing you to commence operations. You could start testing recreational cannabis for other licensees in Delaware as soon as early Spring 2025!
Closing Remarks
After following the steps outlined above, and ensuring compliance with all OMC requirements, you’ll have set up your recreational cannabis testing facility application for success.
To conclude, engage our experienced cannabis consultants at Quantum 9 for more detailed guidance and assistance. Let us help you win a Delaware marijuana testing facility license! We make it simple, and we’ll guide you all the way.
