4 Del. Admin. Code § 5001-2.0
The definitions set forth in 4 Del.C. § 1302 are hereby adopted and incorporated by reference in this regulation. The following words and terms, when used in this regulation, should have the following meaning:
"Act" means the Delaware Marijuana Control Act, 4 Del.C. Ch. 13.
"Applicant" means any person applying for a Delaware marijuana business license.
"Branding" means the promotion of a marijuana establishment's brand through the publication of the business name, logo, or other unique design features.
"Business days" means any day of the week during which normal business operations are conducted, and does not include Saturday and Sunday, or State-recognized holidays.
"Business license" means a license issued by the Department of Finance and required by Title 30 of the Delaware Code to carry on a trade or business.
"Certificate of Analysis" means the report prepared for the marijuana establishment requesting testing regarding the analytical testing performed and results obtained by the marijuana testing facility.
"Certificate of Tax Clearance" means a tax certificate issued by Revenue, which certifies that, according to the Revenue's records, as of the date of the certificate, the taxpayer has filed all required State of Delaware tax returns and paid all tax reported thereon, including penalties and interest if applicable, and does not currently owe any tax to the Revenue.
"Commissioner" means the person appointed by the Governor and confirmed by the Senate who serves as the Marijuana Commissioner for the State, as defined in 4 Del.C. § 1302(2).
"Consumer" means an individual 21 years of age or older who purchases marijuana, marijuana products, or marijuana accessories for personal use by the individual or other individuals 21 years of age or older, but not for resale to others.
"Consumer product" means any product not containing marijuana that is marketed and sold to consumers.
"Control" means the decision-making authority over the management, operations, or policies that guide a business, or the authority over the operation of the technical aspects of a business.
"Delaware Taxpayer Portal" means Revenue's website for tax accounting administration and tax return and remittance filing located at https://tax.delaware.gov.
"Deli style dispensing" means marijuana flower sold to consumers that is not pre-packaged prior to sale.
"Department" means the Department of Safety and Homeland Security.
"Division" means the Division of Alcohol and Tobacco Enforcement.
"DNREC" means the Delaware Department of Natural Resources and Environmental Control.
"Edible marijuana product" means a marijuana product intended to be consumed orally and swallowed, including gummy candies ("gummies"), baked goods, hard candies, chocolates, or films.
"Employee" means an individual hired directly and paid wages by a marijuana establishment. It does not include volunteers, or contractors or agents who are compensated by other entities.
"Flowering plant" means a marijuana plant from the time it exhibits the first signs of sexual maturity through harvest, which includes budding.
"Inhalable marijuana product" means a marijuana product intended to be consumed through inhalation of smoke or vapor, including but not limited to marijuana flower and marijuana concentrate.
"Kief" means the sand-like excess plant material and loose trichomes resulting from the grinding and sifting of dried and cured marijuana flower; also referred to as "dry sieve."
"Marijuana" means as defined in 16 Del.C. § 4701.
"Marijuana beverage" means a marijuana product in a liquid form intended to be consumed orally and swallowed. Marijuana beverage includes single-serving marijuana beverages and multi-serving marijuana beverages. Marijuana beverages do not include tinctures.
"Marijuana concentrate" means any product created when marijuana flower is refined into a more potent and purer product. This umbrella term includes any type of hash (water hash, pressed hash), dry sieve (kief), as well as hash oils (CO2 oil, shatter, butter/budder, wax, resin/live resin, and rosin/live rosin) and indicates that these products are a concentrated form of marijuana, carrying a higher potency.
"Marijuana flower" means the fresh, cured, or dried flower of the marijuana plant as defined in 16 Del.C. § 4701. "Marijuana" as it is defined in this regulation includes marijuana flower.
"Marijuana waste" means any organic waste containing marijuana that is generated through the cultivation, manufacturing, or destruction process of marijuana plants, marijuana, or marijuana products.
"Marketing layer" means the outermost layer of a packaged product for retail sale, which is most predominantly apparent and visible. If the retail package consists of only a single layer, then the outer surface of the container is the marketing layer.
"Medical marijuana program card" means a registry identification card issued pursuant to 16 Del.C. § 4909A.
"Mother plant" means a female marijuana plant that is cultivated and used only for the purposes of producing clones, by keeping the plant in a vegetative, non-sexually mature state.
"Multi-serving marijuana beverage" means a marijuana product in a liquid form intended to be consumed orally through multiple servings. Marijuana beverages do not include tinctures.
"Neon colors" means extremely bright versions of primary or secondary colors intended to attract attention.
"Non-consumable product" means any product offered for sale by a marijuana establishment that is not intended for human consumption, including clothing, storage containers, rolling papers, or other marijuana accessories.
"Ownership interest" means a direct or indirect equity interest in a marijuana establishment, including in its shares or stock.
"Personnel" means any employee, agent, or volunteer conducting activities on behalf of a marijuana establishment.
"Premises" means the physical facility or property owned and operated by a marijuana establishment.
"Pre-roll" means manufactured marijuana flower that is rolled into a marijuana cigarette by a marijuana product manufacturing facility.
"Qualifying Patient" means an individual who meets the qualifications to receive a medical marijuana program card.
"Responsible person" means each officer or employee, or a member, officer, or employee of a pass-through entity, as defined in §1601 of Title 30 of the Delaware Code, who, as an officer, employee, or member of a marijuana establishment has any control over the marijuana establishment's finances or is responsible for filing the marijuana establishments Retail Marijuana Tax form, or collecting, accounting for, or remitting payment for the marijuana establishment's retail marijuana tax.
"Retail area" means the area of a retail marijuana store where marijuana, marijuana products, and marijuana accessories are offered for sale.
"Retail Marijuana Tax" means the tax imposed by 4 Del.C. § 1382(b).
"Retail Marijuana Tax Form" means the form prescribed by Revenue to calculate the Retail Marijuana Tax due to the State.
"Revenue" means the Delaware Division of Revenue, a division of the Delaware Department of Finance.
"Seed-to-sale tracking system" means the is the software system developed and maintained approved by the Commissioner to track and maintain records across marijuana supply chain activities.
"Shake" means the excess leaf, flower, or stem material removed from marijuana plants during the harvest and manufacturing processes.
"Single-serving marijuana beverage" means a marijuana product in a liquid form intended to be consumed orally through a single serving. Marijuana beverages do not include tinctures.
"Tincture" means a liquid mixture created from a concentrated extract of marijuana.
"Topical marijuana product" means a mixture or extract of marijuana made into a balm, lotion, ointment, or rubbing alcohol solution, that is intended to be consumed in a transcutaneous manner.
"Transdermal marijuana product" means a marijuana product intended to be applied to the skin, whereby the marijuana can be consumed in a transcutaneous manner. Transdermal marijuana products include stick-on patches.
"Transport manifest" means a record, either paper or electronic, required by the Commissioner for the transfer of any marijuana or marijuana product from 1 licensed facility to another licensed facility, including for the purposes of testing.
"Trim" means the same as shake.
"Universal symbol" means the symbol developed by the Commissioner to be placed on every marijuana product intended for sale, for purposes of identifying the product as regulated and product and sold by a licensed marijuana business.
"Waiting area" means the area of a retail marijuana store where customers enter the facility, have their identification and age verified, and where marijuana, marijuana products, and marijuana accessories are not present for sale.
"Water activity" means a measure of the quantity of water in marijuana or a marijuana product that is available, and therefore capable of, supporting bacteria, yeasts, and fungi.
4 Del. Admin. Code § 5001-2.0