Nearly two years after the Delaware Marijuana Control Act became law, an amendment has been filed in the General Assembly to meet FBI requirements under Public Law 92-544. 

The FBI notified the state last week that its application to allow criminal background checks to begin did not comply with federal regulations… further frustrating applicants who have applied for a business license. This comes months after the Office of Marijuana Commissioner conducted lotteries for retail, cultivation and testing of cannabis. 

“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 legal access. But I’m optimistic that this bill will provide the necessary fix to get Delaware’s adult-use cannabis market back on track,” Representative Ed Osienski, D- Newark said. “I’m committed to getting this bill through the legislative process as quickly as possible so we can finally get this industry up and running.”

Osienski is sponsoring House Bill 110 with State Senator Trey Paradee, D-Dover.

The FBI in its recent decision cited a need for “explicit statutory language identifying the individuals required to to obtain background checks.” Sponsors said the legislation specifies the categories of people who would be required to be fingerprinted. These would include people who work at a licensed marijuana establishment, those who hold an establishment license, and those who own or serve on the board of directors of a business entity that holds or applies for a marijuana establishment license.

“I share the frustration of many Delawareans as recreational marijuana dispensaries remain inoperative nearly two years after legalization,” Paradee said.  “While the establishment of this industry continues to face setbacks, the state is actively losing out on revenue at a time when critical federal funding has been cut by the White House. I am committed to finding long-term solutions that will finally establish the marijuana market so many have fought for over the last several years.”

Acting Marijuana Commissioner Paul Hyland said the following in a statement:

“I want to thank Representative Osienski and Senator Paradee for swiftly bringing this critically important legislation together. The OMC remains committed to implementing a well-regulated, compliant, and equitable adult-use marijuana market in Delaware.”