After months of uncertainty, the FBI has officially issued the necessary fingerprint service code for recreational marijuana business license holders to undergo a federal background check.
In April, the Office of the Marijuana Commissioner announced the FBI had denied its request for a fingerprint service code due to lack of specific language within Delaware Code.
The Delaware legislature swung into action to make this correction, and after being signed into law just less than two weeks ago, the FBI has agreed to grant the code that will allow the background check process to begin.
“Fingerprint-based background checks are a vital part of ensuring public safety and maintaining the integrity of the program,” Acting Marijuana Commissioner Paul Hyland said in a statement. “We appreciate the FBI’s collaboration and are excited that selected applicants can continue moving forward.”
While initial timelines had projected the recreational market would be open by March or April of this year, it remains unclear when lottery winners will be able to open their businesses in the First State.
According to Delaware Code, once a lottery winner has cleared a federal background check among other requirements, the Office of the Marijuana Commissioner can issue a conditional license.
Once that license has been issued, a holder will have 18 months to become operational.
“Delawareans have waited long enough for a safe, legal adult-use market, and I’m glad to see that implementation is getting back on track. I want to thank my colleagues in the General Assembly for advancing HB 110 quickly, the Governor for signing it without delay, and the Office of the Marijuana Commissioner for diligently working to move the process ahead," State Rep. Ed Osienski (D-Newark), who championed recreational marijuana legalization efforts and sponsored House Bill 110, said in a statement. “I also want to recognize the many entrepreneurs, especially from communities that have long been left behind, who have already invested a significant amount of time and resources into the industry. They’ve waited patiently, and I’m hopeful they’ll soon be able to open their doors, create jobs, and help build a strong, well-regulated market.”
The Delaware legislature is also set to hold a confirmation hearing for newly appointed marijuana commissioner and cannabis law expert Joshua Sanderlin on Wednesday — another crucial step in launching the market.
The Office of the Marijuana Commissioner says it will provide updates as implementation progresses.
