FBI Rejected Delaware’s Fingerprinting Process, Delaying Adult-Use Cannabis Launch

Delaware’s plan to kick off adult-use cannabis sales this spring just hit a major snag. The FBI rejected Delaware’s fingerprinting process, which is required to run background checks on license applicants. Until the issue is fixed, more than 125 cannabis businesses are stuck waiting—and lawmakers are scrambling to rewrite the law in time.

Key Takeaways

• The FBI rejected Delaware’s fingerprinting process, stalling the adult-use cannabis launch.
• Lawmakers must now rewrite part of the law to meet FBI standards.
• More than 125 licensees are on hold, including social equity applicants.
• Medical cannabis companies may be allowed to launch sales first, raising fairness concerns.
• The state’s adult-use market was expected to launch in early 2025.

Why the Delay?

On March 31, the Office of the Marijuana Commissioner (OMC) announced that the FBI rejected Delaware’s fingerprinting process, again. The FBI said the state law didn’t clearly list who must get background checks, which violates federal standards. Because of that, the state can’t legally access federal criminal history records for adult-use applicants.

To fix this, the OMC will need to work with the Delaware General Assembly to rewrite parts of Title 4 of the Delaware Code. That process could take months, and the legislature is only in session until June 30, 2025.

What’s at Stake

The delay affects more than 125 licensees who were awarded permits in late 2024. That includes:

• 110 licenses for growers, manufacturers, testing labs, and social equity operators
• 15 retail licenses for non-social equity applicants
• 15 social equity dispensary licenses

These businesses were planning for a spring 2025 launch. Some are already paying rent or preparing facilities without any revenue coming in, which could strain budgets and push new businesses out of the market before they even start.

Could Medical Dispensaries Launch First?

There’s a twist: Delaware might still allow adult-use cannabis sales to begin—just not for everyone.

Before stepping down in January, former Marijuana Commissioner Rob Coupe helped pass a law that lets existing medical marijuana companies convert their licenses for adult use. These businesses already meet the fingerprinting requirements from their medical market background checks.

If the OMC lets them launch early, medical operators could become the first—and for a while, the only—adult-use sellers in the state.

But that plan is already getting pushback.

Fairness and First-Mover Concerns

Advocates like Zoë Patchell of the Delaware Cannabis Advocacy Network are calling foul. She argues it would be unfair to let medical operators start adult-use sales while everyone else is stuck waiting through no fault of their own.

Giving existing companies a head start could also go against the state’s focus on equity. Social equity applicants, who were promised support and equal footing, could end up starting months behind more established players.

To make things a bit more balanced, the law requires medical businesses to pay large conversion fees—$100,000 for retail, manufacturing, and testing, and $200,000 for cultivation. The money is supposed to fund support for social equity operators, but it won’t solve the core timing issue.

This Isn’t the First Fix

Delaware already passed “cleanup” legislation in May 2024 to correct technical issues in its cannabis law. That included the fingerprinting requirement. But the FBI says the revised version still doesn’t meet federal guidelines.

In short: lawmakers will need to go back to the drawing board—again.

Conclusion

The fact that the FBI rejected Delaware’s fingerprinting process is more than a bureaucratic hiccup—it’s a major roadblock to launching the adult-use cannabis market. With time running out and pressure mounting, the next move from state lawmakers will determine whether Delaware’s cannabis industry rolls out fairly and on schedule—or falls further behind.