Delaware Lawmakers Introduce Marijuana Legislation to Address Dispute with FBI Threatening To Delay State’s Recreational Market – MEDCAN24

Delaware lawmakers introduced a measure to address a flaw in the state’s law legalizing marijuana that caused FBI to deny its request to establish a background-check system for cannabis workers.

The legislation, from Rep. Ed Osienski (D) and Sen. Trey Paradee (D), who championed the legalization measures that were enacted into law in 2023, cleared the House Economic Development/Banking/Insurance & Commerce Committee on Tuesday in a unanimous vote.

State regulators were planning to grant the first cannabis-related licenses in April. But the new law stipulates that the background check must be done first. The market launch is likely to be delayed without a legislative solution.

Osienski, who spoke to the committee prior to the vote, said, “I am aware that this is a setback. Especially for the investors who have invested so heavily, and for the consumers who were eagerly awaiting for legal access.” But I remain optimistic that the changes made will help Delaware get its adult cannabis market on track.

The bill, he said, “will address needed updates to the Delaware’s code that will insert language to align with FBI requirements…by identifying the categories of individuals that would be required to undergo a fingerprint based background check in connection with the adult-use marijuana business licenses. The list includes those who work at licensed marijuana businesses, hold a license for marijuana business establishments and are on the board or own a company that has a license or is applying for one.

Office of the Marijuana Commissioner – responsible for the regulation of the market – said it worked closely with the State Bureau of Identification, the Delaware Department of Justice and the State Bureau of Identification to acquire the FBI code. However, the Office received a refusal late last year.

In the new bill by the legislators, HB 110 the marijuana law in the state would be changed to include categories of persons who must undergo a fingerprint-based check to work within the cannabis business. This is to bring the law into compliance. Then, another request will be sent to FBI.

The federal government has not legalized marijuana, but the FBI granted Delaware a system of fingerprinting for its medical cannabis program.

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.

—
MEDCAN24 tracks hundreds of marijuana, psychedelics, and drug policy legislation in state legislatures this year. Patreon members who pledge at least $25/month gain access to interactive maps, charts, and the hearing calendar.

Find out more about our marijuana law tracker. To gain access, become a Patreon supporter.
—

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.

Policy changes remove restrictions for eligibility of patients based on specific health conditions. Doctors will now be able recommend cannabis for whatever condition they deem fit.

Patients over 65 can also self-certify their medical cannabis use without a physician’s prescription.

Patients Are Largely ‘Comfortable’ With Their Doctors Using Marijuana Outside Of Work, Study Shows

Side Pocket Images. Image courtesy Chris Wallis.