May 15, 2025
Delaware’s Governor Matt Meyer recently signed House Bill 110 into law, addressing the state’s ability to acquire FBI background checks for Marijuana business license holders. The state has struggled with significant delays for those attempting to work in Delaware’s new recreational cannabis industry due to stalled background checks.
In early April, Delaware lawmakers proposed House Bill 110 to resolve FBI delays concerning recreational marijuana and background checks. This struggle also meant that state-issued license holders hoping to open their businesses quickly sat in limbo due to these complications. According to a member of the Delaware Cannabis Advocacy Network, “Several months after businesses were supposed to be licensed, we’re hearing the FBI has flat-out rejected the proposal. The process submitted was the same one approved for medical marijuana dispensaries under previous administrations.”
The issue causing these troubles is the language describing who should or should not receive fingerprint background checks. The FBI found the statute too unclear to follow, preventing them from proceeding with any background screenings. This claim has prevented recreational marijuana businesses from receiving licensure for several months past their expected opening date. According to the FBI, the solution is to issue new legislation that clarifies the qualifications for background checks.
These struggles led Senators Osienski, Paradee, and Lockman to introduce House Bill 110. House Bill 110 aims to clarify who must submit to a fingerprint identification check. Examples from the bill include applicants for licensure, board members, employees of recreational marijuana businesses, and owners of a 10% or greater stake in a recreational marijuana business. This clarification would lead to a criminal background check for Delaware and nationally.
The Office of the Marijuana Commissioner wanted to have the adult-use recreational market operating by March or April. However, it remains unclear when the market will open. The Governor said, “Delaware’s recreational cannabis industry is going to create good-paying jobs and provide critical revenue for the state to help pay for schools, housing, and healthcare. House Bill 110 will strengthen our background check requirements, align our practices with federal standards, and safeguard public trust.”
Furthermore, Governor Meyers reassured all impacted parties that “we’ll keep pressing the federal government to end the bureaucracy standing in the way of getting this industry launched quickly and with integrity.”
If House Bill 110 becomes law and the adult-use recreational market for marijuana starts operating, employers will need to take care to comply with the background check requirements. Regulations for background checks change frequently, and the best way to ensure compliance is to partner with an experienced background check company.
Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.