DOVER, Del. – The FBI has denied Delaware’s request to allow background checks for its recreational marijuana industry, officials announced Monday.
Delaware’s Office of the Marijuana Commissioner, the State Bureau of Identification, and the Department of Justice were looking for FBI approval for background checks required by state law. However, the FBI ruled that Delaware’s law, Title 4 of the Delaware Code, does not specify who must undergo these checks, a key requirement.
State officials now plan to work with lawmakers to revise the law so that it will meet federal guidelines and secure approval for the checks.
The FBI requires state laws to meet six criteria for background checks, including legislative approval, fingerprinting, and clear identification of individuals subject to screening. The law also must align with public policy and not allow private entities access to FBI records.
Delaware officials will propose changes to Title 4 of the state code to meet these rules. Further updates will follow as the process moves forward.