Delaware’s governor has slammed the FBI, accusing it of “stifling innovation by the state” after the FBI rejected a request for a fingerprint-based background check for cannabis workers. This could delay the launch of Delaware’s market for adult-use pot.
On Thursday night, during a State of the State speech by Gov. Matt Meyer joked, saying that he had not brought any “samples of cannabis” with him to the event but wanted to talk about “the green elephant in room.” It’s the “delayed open of Delaware recreational marijuana market”.
“This industry has the potential to produce tens of millions of dollars in annual tax revenue—money meant to be invested directly into our schools, our libraries and communities; money that could be used to cover federal funding shortfalls and address historic inequities created by a drug war,” he said. The FBI insisting that Delaware’s recreational marijuana laws are insufficient, is an egregious instance of federal bureaucracy suppressing state-led innovations.
The state’s regulators had planned to issue the first licenses for recreational cannabis businesses in this month. However, the newly enacted law requires that background checks be conducted first. Without a legislative fix, the market launch will likely be delayed.
The governor thanked Rep. Ed Osienski (D)—who championed the enacted legalization law—for “quickly” introducing a measure to resolve the background check issue that cleared its first House committee this week.
Meyer added, “we’ll continue to pressure the FBI and U.S. Department of Justice so they act properly to get us what Delawareans have clearly asked for,” adding he would be naming “within days” a commissioner who will oversee the cannabis industry.
“We are going to cut through all the bureaucracy at the federal level and will act urgently in order to keep the promises you have made about legalizing recreational marijuana for the State of Delaware,” said he.
Office of the Marijuana Commissioner, which regulates the marijuana market, recently said that they had been working with the State Bureau of Identification (SBI) and the Delaware Department of Justice in order to get the FBI service code required before getting a rejection late last month.
Osienski’s bill, HB110 would change the marijuana laws in the state to include categories of people that will need fingerprint background checks to work within the cannabis industries. This is to bring the law into compliance. Then, another request will be sent by FBI for the code of service.
The federal government has not legalized marijuana, but the FBI granted Delaware’s Medical Cannabis Program a system of fingerprinting.
Late last year, OMC held a series of licensing lotteries for cannabis business to start serving adult consumers.
A total of 120 licenses, which include 30 retailers, 60 growers, 30 manufacturers, and 5 testing laboratories, will be granted. The regulators detailed last year what percentage of each category was reserved for microbusinesses, social equity license applicants and open general licenses.
Regulators have also been rolling out a series of proposed regulations to stand up the forthcoming adult-use cannabis industry.
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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.
This policy shift removes restrictions on patient eligibility that are based upon a set of health conditions. In its place, doctors can recommend cannabis to treat any health condition.
Patients over 65 can also self-certify their medical cannabis use without a physician’s prescription.
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Mike Latimer is the photographer.
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