Delaware’s House of Representatives unanimously approved a bill to correct a problem with its marijuana legalization laws that caused the FBI to deny its request for a background check fingerprint system to be created by cannabis workers.
Matt Meyer (D) criticized the FBI over its decision, which threatens to delay Delaware’s adult-use market launch. Matt Meyer (D), who criticized the FBI for its decision that threatens to delay the launch of Delaware’s adult-use marketplace, was overwhelmingly approved by the House in a vote of 37-0 on Thursday. The bill now goes to the Senate.
Osienski, who spoke on the House floor, said that the bill would update Delaware’s Code to include language aligned with Federal Bureau of Investigation (FBI) requirements.
“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 the legal access—but I’m optimistic that this legislation will correct what the FBI is insisting from us,” he said.
The Governor had harsher words to say about the FBI in his State of the State speech, saying that the “FBI’s assertion that Delaware’s recreational marijuana laws are insufficient” is yet another example of the federal bureaucracy squashing innovation by states.
The state had planned to issue the first licenses for recreational cannabis businesses by April. However, the new law requires that background checks be completed first.
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 amend the current state marijuana law to specify the categories of individuals who must undergo fingerprint-based background check within the cannabis sector. It is hoped that this will make the statute compliant, and then another request would be made to FBI for a service code.
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.
Total of 125 licences will eventually be issued. This includes 30 retailers and 60 cultivators. There are also 30 manufacturers. And five labs for testing. 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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In the meantime, ex-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.
Kansas Governor Says It’s Time For Lawmakers To ‘Finally Legalize Medical Marijuana’
Mike Latimer is the photographer.
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