Delaware Officials Rush to Revise Marijuana Law After FBI Rejects Background Check Request
In a setback for Delaware’s plans to launch its adult-use cannabis market, the FBI has rejected the state’s request to establish a fingerprint background check system for would-be industry workers. As a result, state officials are scrambling to amend the state’s cannabis law to avoid further delays.
The Office of the Marijuana Commissioner (OMC) had worked with the State Bureau of Identification and the Delaware Department of Justice to obtain an FBI service code necessary for the background check system. However, the FBI identified issues with the state’s statute, citing a lack of specificity regarding the categories of individuals required to undergo background checks.
The OMC has vowed to work expeditiously with the General Assembly to develop proposed legislation that meets the FBI’s requirements. Without the background check system in place, the launch of the adult-use market appears to be on hold.
Delaware had planned to license the first recreational cannabis businesses in April, about two years after the legislature approved a pair of legalization bills. The state had previously granted a fingerprinting background system for its medical cannabis program, but the FBI’s rejection of the request means that a similar system will not be in place for the adult-use program.
The delay is a setback for the state’s plans to launch its adult-use market, which had been expected to begin in April. The market will ultimately issue 125 licenses, including 30 retailers, 60 cultivators, 30 manufacturers, and five testing labs. Regulators have also been rolling out a series of proposed regulations to stand up the forthcoming adult-use cannabis industry.
In related news, former Governor John Carney recently raised eyebrows by claiming that “nobody” wants cannabis shops in their neighborhoods, despite consensus that criminalization does not work. Carney had previously signed several marijuana bills into law, including measures to allow existing medical cannabis businesses to begin recreational sales and to enact state-level protections for banks that provide services to licensed marijuana businesses.
