Delaware recently issued its final recreational marijuana business licenses in December, but the newly licensed businesses have not yet started selling cannabis. The state had aimed to launch its recreational marijuana market by April 1, but delays in federal background checks have cast doubt on this timeline. As the licensed holders await the green light to provide safe and legal cannabis to residents, the search for a new marijuana commissioner adds to the uncertainty surrounding the market.
In a recent episode of Delaware Public Media’s series “Delaware’s High Hopes,” host Sarah Petrowich discussed these delays with industry advocates and State Representative Ed Osienski (D-Newark), who played a key role in legalizing recreational marijuana in the state. Until January, the Delaware Office of the Marijuana Commissioner had been progressing well towards its goal of launching the market by spring, awarding 15 retail dispensary permits among over 529 applicants competing for licenses.
Rep. Osienski explained that the next crucial step is to complete federal background checks on all license holders. Once these checks are finalized, the license holders will receive a conditional license and have 18 months to become fully operational. However, Osienski noted that acting Marijuana Commissioner Paul Hyland informed him that these checks are not being processed as quickly as anticipated.
Osienski emphasized the importance of completing these background checks, stating that the legislation requires all applicants to undergo them to ensure they do not have any criminal history. He acknowledged the delays may be influenced by the current situation in Washington, including staffing issues at the FBI. In light of this, Osienski is exploring options to expedite the process, such as allowing license holders to sign affidavits confirming their criminal history status.
He expressed concerns that if the background checks later reveal undisclosed criminal histories, it could lead to licensed holders losing their permits. Osienski is aware of the frustrations surrounding the delays, particularly as they hinder a potential revenue source for the state and prevent license holders from recovering their investments.
Tracee Southerland holds Delaware’s only testing lab social equity license, further emphasizing the importance of resolving these delays to support the emerging cannabis industry in the state.
