(a) Definitions. — As used in this section: (1) 'Qualified business' means a pass-through entity operating a marijuana establishment pursuant to Chapter 13 of Title 4 or Chapter 49A of Title 16. (2) 'Qualified expenses' mean the ordinary and necessary business expenses paid or incurred for the taxable year in carrying on a qualified business, which are disallowed as a deduction for federal purposes pursuant to § 280E of the Internal Revenue Code [26 U.S.C. § 280E]. (b) Deduction. — A pass-through entity operating a qualified business may deduct its qualified expenses in computing its total income.84 Del. Laws, c. 24, § 6;
Delaware Legal Code