3 Del. Admin. Code § 805-4.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 805-4.0 - Application, License and Registration

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 enforcement.

4.2 Producers:

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 February 1st.

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 Department.

4.3 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 levels.

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 otherwise revoked.

4.5 Criminal 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 Reports.

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.

4.7 The Department will determine the status of licenses based on the following:

4.7.1 Active: A licensed producer that is in good standing with this Program.

4.7.2 Suspended: A licensed producer that has engaged in conduct violating this Program.

4.7.2.1 A licensed producer whose license has been suspended shall not produce, handle or process hemp during the period of suspension.

4.7.2.2 The Department may require that a licensed producer whose license has been suspended complete a Corrective Action Plan to fully restore the license.

4.7.3 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:

4.7.3.1 A licensed producer pleads guilty to or is convicted of any felony related to a controlled substance.

4.7.3.2 A licensed producer makes a materially false statement with regard to this Program to the Department with a culpable mental state greater than negligence.

4.7.3.3 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 years.

4.8 A 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.

4.8.1 The 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.

3 Del. Admin. Code § 805-4.0

23 DE Reg. 494 (1/1/2020) (Emer.)
24 DE Reg. 861 (3/1/2021) (final)