Delaware’s Adult-Use Cannabis Sales Back on Track After FBI Fix

The Diamond State’s long-anticipated adult-use cannabis market just cleared a major hurdle. Governor Matt Meyer has signed Delaware House Bill 110 into law, resolving a federal background check snag that had stalled the state’s recreational cannabis rollout. The fix aligns Delaware’s licensing rules with FBI standards, allowing the state to move forward with issuing business licenses and launching legal sales.

Key Takeaways

• Governor Meyer signed HB 110 on April 24, 2025, amending background check requirements for cannabis industry participants.
• The bill addresses FBI concerns by specifying who must undergo fingerprint-based background checks.
• Delaware had planned to launch adult-use sales in March 2025 but was delayed due to FBI’s rejection of the state’s initial background check application.
• With the new law, the state can now obtain the necessary FBI service code to proceed with licensing.
• The Office of the Marijuana Commissioner (OMC) is expected to resume the licensing process promptly.

The Road to Legal Sales

In April 2023, Delaware legalized adult-use cannabis, setting the stage for a regulated market. The OMC held lotteries in late 2024 to award 125 conditional licenses across cultivation, manufacturing, retail, and testing sectors.

However, the FBI denied the state’s application for a service code required to conduct mandatory background checks, citing vague language in the law regarding who must be vetted. This rejection halted the issuance of licenses and delayed the market’s launch.

Delaware House Bill 110: Clarifying the Law

To address the FBI’s concerns, Rep. Ed Osienski introduced HB 110 on April 3, 2025. The bill swiftly passed through the legislature and was signed into law by Governor Meyer on April 24. HB 110 specifies that background checks are required for:

• Applicants for cannabis establishment licenses
• Employees, contractors, and volunteers working at cannabis establishments
• Individuals in managerial or ownership positions within cannabis businesses
• Persons holding a 10% or greater ownership interest in a cannabis establishment

This clarity brings Delaware’s regulations in line with federal standards, enabling the state to obtain the necessary FBI service code.

Next Steps: Launching the Market

With Delaware House Bill 110 enacted, the OMC can proceed with the background checks and finalize the licensing process. Governor Meyer emphasized the importance of the cannabis industry for Delaware’s economy, stating that it will create good-paying jobs and generate revenue for essential services like education and healthcare.

The state aims to launch adult-use sales promptly, fulfilling the promise of a regulated cannabis market for its residents.

Conclusion

Delaware’s adult-use cannabis market is poised to move forward after overcoming regulatory challenges. The swift legislative action demonstrates the state’s commitment to establishing a safe and effective cannabis industry. As the OMC resumes its work, Delawareans can anticipate the opening of licensed cannabis businesses in the near future.