--- title: Delaware's legal marijuana industry on hold as FBI stifles background check process description: "Delaware's legal cannabis industry hits a major setback as the FBI withholds crucial background checks, delaying business operations indefinitely. \n\n===\nSummary:\nDelaware's recreational marijuana industry faces delays due to the FBI's refusal to provide necessary fingerprinting services for background checks. The state must amend its laws to specify who requires these checks before businesses can proceed. The delay frustrates license holders and stalls the industry's progress, nearly two years after legalization. \n\n===" image: https://420intel.com/hubfs/AI-Generated%20Media/Images/The%20image%20portrays%20a%20bustling%20urban%20street%20scene%20in%20Delaware%20where%20a%20diverse%20group%20of%20people%20gather%20outside%20a%20government%20building%20their%20expressions%20a%20mix%20of%20frustration%20and%20determination%20Brightly%20colored%20protest%20signs%20advocating%20for%20the%20legalization-3.jpeg --- [![420intel.com](https://420intel.com/hs-fs/hubfs/Asset%2016-1.png?width=300&height=162&name=Asset%2016-1.png "420intel.com")](https://420intel.com) - [Home](https://420intel.com) - [Advertise](https://420intel.com/advertise) - [Directory](https://420intel.com/directory) - [Topics](https://420intel.com/blog) - [Recreational News](https://420intel.com/blog/tag/recreational-cannabis-news) - [Business News](https://420intel.com/tag/cannabis-business-news) - [Politics](https://420intel.com/tag/cannabis-politics) - [Technology](https://420intel.com/tag/cannabis-technology-news) - [Research](https://420intel.com/tag/medical-cannabis-news) - [Contact](https://420intel.com/contact-us) - [Follow us on Facebook](https://www.facebook.com/420intel) - [Follow us on LinkedIn](https://www.linkedin.com/company/420-intel/) - [Follow us on Twitter](https://x.com/420intel) - [Follow us on Instagram](https://www.instagram.com/420intel) ### Press ESC to close [![420intel.com](https://420intel.com/hs-fs/hubfs/Asset%2016-1.png?width=300&height=162&name=Asset%2016-1.png "420intel.com")](https://420intel.com) - [Home](https://420intel.com) - [Advertise](https://420intel.com/advertise) - [Directory](https://420intel.com/directory) - [Topics](https://420intel.com/blog) - [Recreational News](https://420intel.com/blog/tag/recreational-cannabis-news) - [Business News](https://420intel.com/tag/cannabis-business-news) - [Politics](https://420intel.com/tag/cannabis-politics) - [Technology](https://420intel.com/tag/cannabis-technology-news) - [Research](https://420intel.com/tag/medical-cannabis-news) - [Contact](https://420intel.com/contact-us) - [Follow us on Facebook](https://www.facebook.com/420intel) - [Follow us on LinkedIn](https://www.linkedin.com/company/420-intel/) - [Follow us on Twitter](https://x.com/420intel) - [Follow us on Instagram](https://www.instagram.com/420intel) # Delaware's legal marijuana industry on hold as FBI stifles background check process - [![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=80&height=80&name=Buzz-No%20Outline-2.png) Buzz](https://420intel.com/blog/author/buzz) - [Cannabis Politics](https://420intel.com/blog/tag/cannabis-politics) - 3 April 2025 The bumpy road to legal recreational marijuana businesses in Delaware hit another roadblock. The FBI denied the Delaware Office of the Marijuana Commissioner's request for a service code to complete legally required fingerprinting for everyone who was selected for a marijuana business license. The state office said the FBI denied the request because it wants the law to lay out exactly who requires a background check. The FBI service code is necessary to conduct the fingerprinting part of the background check. Without it, no one can move on to the next steps of their remaining applications. The state marijuana office said it is working to propose new legislation to amend Title 4 of Delaware's code "expeditiously" to add the necessary wording that would make the FBI happy. It has not found a legislator to introduce a bill with these changes yet. The Delaware Division of Alcohol and Tobacco Enforcement is still working through its background checks, which include income tax transcripts, long-term debt obligations, bankruptcies, civil litigation and more for every licensee. The key missing piece is the FBI fingerprinting, which produces the criminal part of the background check. The requirements for the background checks a few years ago for medical sales and these adult-use recreational sales are virtually the same, the Office of the Marijuana Commissioner said. But it said the FBI wants more specificity in the law for adult-use recreational sales. Without the FBI-produced criminal records, conditional licenses to operate recreational marijuana businesses will remain in limbo. Once someone gets a conditional license, they have 18 months to become operational before they can be awarded an active license. Unless there is a good-faith reason they cannot get up and running, the license is rescinded after that time period. In order for the FBI to perform fingerprinting and national criminal history background checks, it requires state laws to meet the following criteria: Require the fingerprinting of applicants Authorize the use of FBI records to screen the applicants Identify specific categories of people subject to the checks The last requirement is the sticking point for the FBI's denial of the current law. An amendment to the law now has to go through the entire legislative process, stifling the industry for an indefinite amount of time nearly two years after its legalization. Throughout 2024, the state government had the goal to open dispensary doors by this month. The industry, which must be homegrown because it is illegal to transport marijuana over state lines, has yet to get off the ground in Delaware. For some license holders, this development is adding to their frustrations with the process. Tracee Southerland is a cannabis advocate and holds two social equity licenses for testing facilities in Sussex and New Castle counties. She called the FBI's denial more than a speed bump. "Currently, it's a roadblock because until we get fingerprints, we can't get our conditional licenses so nothing can move forward," she said. She said the state marijuana office told her in an email that she is squared away and needs to complete the background check before she can start to set up her business. Now, with this new delay and the time it takes for marijuana plants to grow, the process could extend for months. James Brobyn, who owns a medical marijuana dispensary, has his background check completed. However, he wants to welcome recreational customers as soon as he can because of the limited customer base for medical marijuana. "Everyone's asleep at the wheel, like no one's watching," Brobyn said. "Well, I'm watching. I've been trying to scream at this and raise the alarm for a while." Cannabis advocates have been calling for Gov. Matt Meyer to appoint a marijuana commissioner to give the agency some power. The state's first marijuana commissioner, Rob Coupe, stepped down in January. His deputy commissioner, Paul Hyland, has been acting commissioner since then. A spokesperson for the governor said interviews for the position are underway and that a selection could be announced in the coming weeks. The state Senate must confirm Meyer's nomination.   [by Delaware Online](https://www.delawareonline.com/story/news/local/2025/04/01/legal-weed-in-delaware-on-hold-as-fbi-denies-background-checks/82756311007/) [Cannabis Politics](https://420intel.com/blog/tag/cannabis-politics) ![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=200&height=200&name=Buzz-No%20Outline-2.png) #### [Buzz](https://420intel.com/blog/author/buzz) At 420 Intel, we cover cannabis legalization news throughout the world, offer reliable information for cannabis business owners, detail technological advances that impact the marijuana industry, cover marijuana rallies from across the globe, and everything in between. - - - [Cannabis Laws](https://420intel.com/blog/tag/cannabis-laws) [![Governor signs background check bill for marijuana industry](https://420intel.com/hs-fs/hubfs/AI-Generated%20Media/Images/The%20image%20captures%20a%20ceremonial%20moment%20in%20a%20government%20office%20where%20Delaware%20Governor%20Matt%20Meyer%20a%20middleaged%20man%20with%20short%20dark%20hair%20and%20glasses%20is%20seated%20at%20a%20large%20wooden%20desk%20signing%20House%20Bill%20110%20into%20law%20Surrounding%20him%20are%20a%20diverse%20group%20of.jpeg?width=550&height=395&name=The%20image%20captures%20a%20ceremonial%20moment%20in%20a%20government%20office%20where%20Delaware%20Governor%20Matt%20Meyer%20a%20middleaged%20man%20with%20short%20dark%20hair%20and%20glasses%20is%20seated%20at%20a%20large%20wooden%20desk%20signing%20House%20Bill%20110%20into%20law%20Surrounding%20him%20are%20a%20diverse%20group%20of.jpeg)](https://420intel.com/blog/governor-signs-background-check-bill-for-marijuana-industry) - [![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=80&height=80&name=Buzz-No%20Outline-2.png) Buzz](https://420intel.com/blog/author/buzz) - 5 May 2025 #### [Governor signs background check bill for marijuana industry](https://420intel.com/blog/governor-signs-background-check-bill-for-marijuana-industry) On April 24, Delaware Governor Matt Meyer signed House Bill 110 into law, marking a key milestone... [Recreational Cannabis News](https://420intel.com/blog/tag/recreational-cannabis-news) [![Delaware’s cannabis industry: A secret shopper investigation finds mislabeling, contamination, and public health risks among gaps in compliance](https://420intel.com/hs-fs/hubfs/Imported_Blog_Media/AdobeStock_799446876.jpeg?width=550&height=395&name=AdobeStock_799446876.jpeg)](https://420intel.com/blog/delawares-cannabis-industry-secret-shopper-investigation-finds-mislabeling) - [![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=80&height=80&name=Buzz-No%20Outline-2.png) Buzz](https://420intel.com/blog/author/buzz) - 26 September 2024 #### [Delaware’s cannabis industry: A secret shopper investigation finds mislabeling, contamination, and public health risks among gaps in compliance](https://420intel.com/blog/delawares-cannabis-industry-secret-shopper-investigation-finds-mislabeling) ## *A "Secret Shopper" investigation revealed alarming compliance issues in Delaware's cannabis...* [Recreational Cannabis News](https://420intel.com/blog/tag/recreational-cannabis-news) [![Delaware's Marijuana Retail Challenges Persist](https://420intel.com/hs-fs/hubfs/AI-Generated%20Media/Images/cannabis%20grow%20facility-2.jpeg?width=550&height=395&name=cannabis%20grow%20facility-2.jpeg)](https://420intel.com/blog/delawares-marijuana-retail-challenges-persist) - [![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=80&height=80&name=Buzz-No%20Outline-2.png) Buzz](https://420intel.com/blog/author/buzz) - 28 May 2025 #### [Delaware's Marijuana Retail Challenges Persist](https://420intel.com/blog/delawares-marijuana-retail-challenges-persist) In Wilmington, where the mayor opposed but couldn’t stop the legalization of marijuana in 2023 when... - [Follow us on Facebook](https://www.facebook.com/420intel) - [Follow us on LinkedIn](https://www.linkedin.com/420intel) - [Follow us on Twitter](https://twitter.com/420intel) - [Follow us on Instagram](https://www.instagram.com/420intel) Back to Top ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Buzz", "url" : "https://420intel.com/blog/author/buzz" }, "dateModified" : "2025-04-03T11:42:19.804Z", "datePublished" : "2025-04-03T11:30:00.000Z", "headline" : "Delaware's legal marijuana industry on hold as FBI stifles background check process", "image" : [ "https://420intel.com/hubfs/AI-Generated%20Media/Images/The%20image%20portrays%20a%20bustling%20urban%20street%20scene%20in%20Delaware%20where%20a%20diverse%20group%20of%20people%20gather%20outside%20a%20government%20building%20their%20expressions%20a%20mix%20of%20frustration%20and%20determination%20Brightly%20colored%20protest%20signs%20advocating%20for%20the%20legalization-3.jpeg" ], "mainEntityOfPage" : { "@id" : "https://420intel.com/blog/delawares-legal-marijuana-industry-on-hold-as-fbi-stifles-background-check-process", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://420intel.com/hubfs/Asset%2016.png" }, "name" : "420 Intel" } } ```