Delaware legislators have introduced legislation to correct a problem with Delaware’s legalization of marijuana law, which led the FBI to refuse its request for establishing a background-check system that would allow cannabis workers to be fingerprinted.
Rep. Ed Osienski and Sen. Trey Paradee, who fought for the legalization laws that became law in 2023 said that the FBI’s refusal to grant the state’s background check code request is “a disappointing setback,” though they are hopeful that the new proposal that will be presented by them can address the issue.
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, in a statement to the press said: “I am aware that this is an unfortunate setback. Especially for those entrepreneurs who had invested so heavily and consumers who had been eagerly anticipating legal access.” “But, I’m hopeful that this bill can provide Delaware’s adult use cannabis market with the needed fix.”
I’m determined to get the bill passed through as soon as possible, so this industry can start up.
Office of the Marijuana Commissioner, which regulates the marijuana market, announced last week it worked with the State Bureau of Identification as well as the Delaware Department of Justice on obtaining the FBI code. However the request was denied late last year.
HB 110 would amend the current state marijuana law to include 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.
Paradee stated, “I am frustrated with the fact that recreational marijuana dispensaries are still not operating nearly two years following legalization.”
He stated that “while the establishment of the marijuana industry faces setbacks the state actively loses out on revenues at a moment when federal funding is being cut by the White House.” I’m committed to long-term solution that finally creates the marijuana market, for which so many have fought over the past few years.
Paul Hyland, the acting Marijuana commissioner thanked sponsors for their “rapidly coming together this crucially important legislation.”
“The OMC is committed to creating a market for adult-use cannabis in Delaware that’s well-regulated and compliant,” said he.
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.
125 total licenses are expected to be issued. This includes 30 retail stores, 60 cultivators and 30 manufacturers. In the past, regulators have also specified how much of each license category will be reserved for applicants who are socially responsible, small businesses, and those with 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.
Policy change eliminates the limitations on eligibility for 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.
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Side Pocket Images. Photo by Chris Wallis.
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