4.1 The Department intends to approve or deny
applications for producers, handlers, and processors within 30 days of
submission. The Department will issue a license number or registration number
upon approval. Licenses or registrations issued by the Department are intended
to validate growing sites, processing facilities, or storage facilities within
the State of Delaware. Any changes to an applicant's contact information must
be submitted to the Department within ten days of the change. The Department
will deem persons who materially falsify any information in their application
ineligible to participate in the Delaware Domestic Hemp Production Program. Any
records of the Department that could provide the name or location of a growing
site or producer are excluded from the public record under 29 Del.C. §
10002(l) (1), (2), and (17)a. The
Department may report information regarding licensees to law
4.2.1 New applications and renewals, using
the Delaware Domestic Hemp Production Program Application, must be submitted
between November 1st and February 1st of the given year. Licenses will be valid
until December 31st of the year that is three years after the license is
issued, unless otherwise revoked.
4.2.2 An Annual Growing Site Registration
must be completed annually and submitted to the Department no later than
4.2.3 A Growing Site
Modification form is required to be completed and submitted to the Department
if a licensed producer intends to alter the location or size of a growing site
as indicated on the Annual Growing Site Registration.
4.2.4 The Department requires a licensed
producer to oversee individuals conducting, but not limited to, the following
actions related to their hemp crop acreage: cleaning seed, in-field consulting,
custom planting, weed removal, custom harvesting, and storing.
4.2.5 The Department requires that a licensed
producer notifies landowners of the intention to use their land as a hemp
growing site, if the licensed producer is not the owner of the land where hemp
will be grown.
4.2.6 The Department
allows any licensed producer to designate one individual as an authorized
representative. Licensed producers shall ensure that a Criminal History Report
is completed by an authorized representative and submitted to the
Processors are required by the Department to complete a Processor Application,
Annual Processor Facility Registration and Criminal History Report. New
applications and renewals must be submitted by October 31st. Processor
Registration Certificates will be valid until December 31st of the year that is
three years after the certificate is issued, unless otherwise revoked.
Processor facility registrations must be submitted annually no later than
October 31st. It is the expectation of the Department that all materials
associated with processing and final products are within acceptable hemp THC
4.4 Handlers. The
Department requires that individuals intending to transport, or store hemp or
hemp plant parts complete a Handler Application and Criminal History Report.
New applications and renewals must be submitted annually. Licenses will be
valid until December 31st of the year that the license is issued, unless
History Report. All applications and license renewals must be accompanied by
completed State and Federal Criminal History Reports. If the application is for
a business entity, a completed Criminal History Report must be provided for
each key participant and authorized representative. Approved applications are
subject to revocation pending results of the State and Federal Criminal History
4.6 Individuals shall
submit applications to the Department via a physical collection point
identified by the Department, or via email. Any questions related to
applications must be submitted via email at DDA_HempProgram@delaware.gov. The
Department will mail all licenses and registrations via USPS. The Department
will maintain a copy of each license and registration for record.
The Department will determine the status
of licenses based on the following:
Active: A licensed producer that is in good standing with this
licensed producer that has engaged in conduct violating this Program.
126.96.36.199 A licensed producer whose license has
been suspended shall not produce, handle or process hemp during the period of
188.8.131.52 The Department
may require that a licensed producer whose license has been suspended complete
a Corrective Action Plan to fully restore the license.
Revoked: A licensed producer that
negligently violates this Program 3 times within a period of 5 years shall have
the license revoked and be ineligible to produce, handle or process hemp for a
period of 5 years beginning on the date of the third violation. The Department
may immediately revoke licenses if:
licensed producer pleads guilty to or is convicted of any felony related to a
licensed producer makes a materially false statement with regard to this
Program to the Department with a culpable mental state greater than
184.108.40.206 A licensed
producer is found to be growing, handling or processing cannabis exceeding the
acceptable hemp THC level with a culpable mental state greater than negligence
or has negligently violated this Program 3 times within a period of 5
Delaware institution of higher education that plans to produce and study hemp
in the state, is required to complete the appropriate application and obtain a
license from the Department.
Department shall charge an institution of higher education sample collection
and testing fees. The Department shall conduct regulatory samples and charge an
institution of higher education fees associated with a producer, handler, or
processor license, should the institution of higher education choose to
participate in the Program for purposes other than research.
4.8.2 In accordance with the Delaware
Domestic Hemp Production Program, a Delaware institution of higher education
will not be determined noncompliant if the Delaware institution of higher
education grows cannabis that exceeds Acceptable Hemp THC Level, as long as the
cannabis crop is grown for research purposes and does not enter the stream of
commerce. A Delaware institution of higher education is required to dispose of
the cannabis crop that exceeds Acceptable Hemp THC Level within a reasonable
timeframe of the conclusion of research.