Delaware lawmakers have filed legislation meant to fix an issue with the state’s marijuana legalization law that led FBI to reject its request to create a fingerprint background check system for would-be cannabis industry workers.
Rep. Ed Osienski (D) and Sen. Trey Paradee (D), who championed the legalization bills that were enacted into law in 2023, said on Thursday that FBI’s decision to deny the state’s request for a background check service code is a “disappointing setback,” but they’re hopeful that their new proposal will address the problem.
While state regulators have been planning to license the first recreational cannabis businesses in April, the enacted statute requires the background checks to be in place first. Without a legislative fix, the market launch will likely be delayed.
“I know this is a disappointing setback, especially for the entrepreneurs who have invested so much and the consumers who have been anxiously waiting for legal access,” Osienski said in a press release. “But I’m optimistic that this bill will provide the necessary fix to get Delaware’s adult-use cannabis market back on track.”
“I’m committed to getting this bill through the legislative process as quickly as possible so we can finally get this industry up and running,” he said.
The Office of the Marijuana Commissioner (OMC), which is responsible for regulating the market, said last week that it had worked with the State Bureau of Identification and the Delaware Department of Justice to obtain the required FBI service code before receiving a denial late last month.
Under the lawmakers’ new bill, HB 110, the state’s current marijuana law would be amended to identify categories of people who’d need to complete fingerprint-based background checks within the cannabis industry. The hope is that will bring statute into compliance, after which point another request for the service code would be submitted to FBI.
“I share the frustration of many Delawareans as recreational marijuana dispensaries remain inoperative nearly two years after legalization,” Paradee said.
“While the establishment of this industry continues to face setbacks, the state is actively losing out on revenue at a time when critical federal funding has been cut by the White House,” he said. “I am committed to finding long-term solutions that will finally establish the marijuana market so many have fought for over the last several years.”
Acting Marijuana Commissioner Paul Hyland thanked the sponsors for “swiftly bringing this critically important legislation together.”
The OMC remains committed to implementing a well-regulated, compliant, and equitable adult-use marijuana market in Delaware,” he said.
Marijuana remains illegal at the federal level, but FBI has previously granted a fingerprinting background system for Delaware’s medical cannabis program.
Late last year, OMC held a series of licensing lotteries for cannabis business to start serving adult consumers.
A total of 125 licenses will ultimately be issued, including 30 retailers, 60 cultivators, 30 manufacturers and five testing labs. Last year, regulators also detailed what portion of each category is reserved for social equity applicants, microbusinesses and general open licenses.
Regulators have also been rolling out a series of proposed regulations to stand up the forthcoming adult-use cannabis industry.
—
Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—
Meanwhile, former Gov. John Carney (D) raised eyebrows in January after making a questionable claim that “nobody” wants cannabis shops in their neighborhoods, even if there’s consensus that criminalization doesn’t work.
The then-governor last year signed several additional marijuana bills into law, including measures that would allow existing medical cannabis businesses in the state to begin recreational sales on an expedited basis, transfer regulatory authority for the medical program and make technical changes to marijuana statutes.
The dual licensing legislation is meant to allow recreational sales to begin months earlier than planned, though critics say the legislation would give an unfair market advantage to larger, more dominant businesses already operating in multiple states.
In October, Carney also gave final approval to legislation to enact state-level protections for banks that provide services to licensed marijuana businesses.
Delaware’s medical marijuana program is also being significantly expanded under a law that officially took effect last July.
The policy change removes limitations for patient eligibility based on a specific set of qualifying health conditions. Instead, doctors will be able to issue cannabis recommendations for any condition they see fit.
The new law also allows patients over the age of 65 to self-certify for medical cannabis access without the need for a doctor’s recommendation.
Photo courtesy of Chris Wallis // Side Pocket Images.
Delaware lawmakers have filed legislation meant to fix an issue with the state’s marijuana legalization law that led FBI to reject its request to create a fingerprint background check system for would-be cannabis industry workers. Rep. Ed Osienski (D) and Sen. Trey Paradee (D), who championed the legalization bills that were enacted into law in Read More
