The Federal Bureau of Investigation (FBI) last Friday denied a request by Delaware’s State Bureau of Identification and Department of Justice to conduct the federal background checks for the state’s cannabis licensing process, WBOC reports.
Delaware’s adult-use cannabis program contains a provision requiring mandatory federal background checks for all licensees, but the law is too vague for the FBI. According to a press release from state officials, the agency said Delaware’s legalization policy must “contain language explicitly identifying the categories of persons required to obtain a background check” to avoid “overbreadth,” or the overly broad application of a law or legal process.
It’s not entirely clear how the FBI roadblock will affect the state’s adult-use cannabis industry launch, which was slated for later this spring.
The Delaware Office of the Marijuana Commissioner (OMC) said it is working with state lawmakers to create legislation aligning with the federal requirements, according to the report.
Delaware’s current legislative session is open until June 30, 2025.
Lawmakers passed the state’s cannabis legalization bill in 2023 after then-Gov. John Carney (D) allowed the proposal to become law without his signature.
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