Delaware’s adult-use cannabis industry is facing an unexpected hurdle after the FBI denied the state’s request to conduct federal background checks for cannabis business applicants. The FBI rejected the request due to vague legal language, stating that Delaware’s law must explicitly define which individuals are required to undergo these checks to avoid overly broad application.
This roadblock could delay the launch of Delaware’s legal cannabis market, which was slated for this spring. The state’s legalization policy mandates background checks for all licensees, but without FBI approval, the process faces uncertainty. In response, the Delaware Office of the Marijuana Commissioner (OMC) is now working with lawmakers to revise the legislation to meet federal requirements. With the state’s legislative session open until June 30, 2025, there is still time to make the necessary adjustments.
Delaware’s cannabis legalization bill was passed in 2023, becoming law without the signature of then-Governor John Carney. However, this latest issue highlights the ongoing challenges of aligning state cannabis laws with federal regulations. As lawmakers work toward a solution, the future of Delaware’s adult-use industry remains uncertain.
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