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DELAWARE – The launch of Delaware’s legal marijuana industry, originally set for this spring, may be delayed due to an issue with federal background checks.
The FBI denied Delaware’s request to conduct mandatory criminal background checks for the state’s recreational marijuana market, citing a lack of specific language in state law.
Officials from the State Bureau of Identification and the Delaware Department of Justice worked to obtain a federal service code for the checks. However, the FBI ruled Friday that Delaware’s statute does not explicitly define which individuals must undergo screening, a requirement to prevent overly broad application.
To meet compliance, Delaware must clearly define which licensees and employees require background checks, mandate fingerprinting, and authorize the FBI to use its records.
Zoe Patchell of the Delaware Cannabis Advocacy Network criticized the federal involvement over state-established background checks, arguing that the federal requirement is creating unnecessary obstacles for business owners.
“This entire process since day one has been one step forward, several steps back and has been met with nothing but delays and obstruction,” Patchell said. “This is a very serious, concerning issue that will can and will jeopardize the entire success of the legislation and the industry.”
She also expressed skepticism that revising Delaware’s law to meet FBI standards would lead to any progress.
“The federal policy does not support legalization. The federal policy is one of prohibition, so we are certainly not optimistic or hopeful that a change to the legislation is going to make,” she said.
In response to the setback, Delaware’s Office of the Marijuana Commissioner said it is now working with state lawmakers to draft legislation that aligns with federal requirements.
”}]] The launch of Delaware’s legal marijuana industry, originally set for this spring, may be delayed due to an issue with federal background checks. Read More
