Delaware is facing further delays in the implementation of its recreational marijuana program due to issues with criminal background checks. Applicants for licenses to participate in the state’s adult-use cannabis market are still waiting for these essential checks.
Recently, Delaware’s Secretary of Safety and Homeland Security, Joshua Bushweller, stated that the state is currently “at the mercy of the FBI.” The FBI informed Delaware that its request for a service code needed to conduct the legally required background checks has been denied. The Office of Marijuana Commissioner (OMC) is working with the General Assembly to create proposed legislation that meets the FBI’s requirements.
The service code is crucial for both the State Bureau of Identification and the Delaware Department of Justice to carry out the necessary criminal background checks. This setback follows the OMC’s previous lottery for business licenses, and the office is currently without a commissioner after Robert Coupe, the first Marijuana Commissioner, resigned.
Zoë Patchell, the Executive Director of the Delaware Cannabis Advocacy Network, emphasized that the OMC had a specific responsibility defined by state law: to license new, legal adult-use businesses, which includes conducting background checks. She expressed skepticism about whether changes in legislation will significantly impact approval from the FBI.
During the interview with WDEL, Secretary Bushweller mentioned that a nominee for the OMC would be announced soon, indicating the state’s commitment to resolving these issues. “We need to make sure we get it right,” he added, highlighting the importance of the OMC’s role in Delaware’s cannabis landscape.
