Delaware’s Recreational Cannabis Market Moves Forward After FBI Approves Background Check System

6 May 2025

Following a recent nomination of a new commissioner, Delaware’s long-awaited adult-use cannabis market has cleared a major regulatory hurdle. On May 5, 2025, the Federal Bureau of Investigation granted the state’s Office of the Marijuana Commissioner (OMC) partial approval to implement fingerprint-based background checks for cannabis industry workers. This approval resolves a key compliance issue and paves the way for licensing to proceed—bringing Delaware one step closer to launching a fully legal recreational marijuana market.

The breakthrough comes after an earlier setback in April, when the FBI rejected Delaware’s initial request for a fingerprint service code, citing vague statutory language. In response, state lawmakers quickly passed House Bill 110, which clearly defines who must undergo background checks, including business owners, employees, contractors, and other key personnel. Governor Matt Meyer signed the bill into law on April 24. While the FBI approved the revised law, it requested further clarification on the term “agent,” which the state has committed to address through additional legislative adjustments.

This partial approval allows the OMC to begin issuing conditional licenses once applicants clear their background checks. License holders will then have up to 18 months to open their businesses. Although the market launch was initially projected for early 2025, this development puts Delaware back on track. Entrepreneurs, particularly social equity applicants who’ve been waiting patiently, can now move forward with their plans, knowing the regulatory framework is falling into place.

For medical marijuana patients in Delaware and healthcare providers, the momentum continues. The new law expands access by allowing Delawareans over 65 to self-certify for medical cannabis without a doctor’s recommendation. It also gives physicians greater discretion to recommend cannabis for any condition they deem appropriate—moving beyond the previous list of qualifying illnesses.

In addition, the state is accelerating the recreational rollout through a dual licensing system, which permits some existing medical marijuana businesses to begin adult-use sales early. This is expected to broaden access for consumers and help stabilize the new market as it launches.

Delaware residents who have been anticipating legal cannabis sales can now expect progress in the coming months, as regulatory approvals and licensing pick up speed.