An Act To Amend Title 4 Of The Delaware Code Relating To The Delaware Marijuana Control Act.
HB110 amends Delaware’s Marijuana Control Act to clarify which people connected to a marijuana establishment must undergo fingerprint-based criminal background checks. The bill expressly covers applicants for marijuana establishment licenses, workers at or for marijuana establishments (including contractors, employees, and volunteers), directors, officers, board members, agents, and anyone holding 10% or more ownership in a licensed or applicant entity. It also requires submission of fingerprints and other information for both state and federal criminal history checks, and it authorizes ongoing reporting of subsequent criminal history information through the FBI’s Rap Back System if available.
The bill also revises the licensing standards in Title 4 to conform to the new background-check framework. It clarifies that the Commissioner may consider criminal history in evaluating suitability for licensure, but that certain marijuana-related convictions alone may not be used as grounds to deny a license, except where other disqualifying factors or public-safety concerns exist. The measure is intended to align Delaware’s process with federal requirements for access to FBI criminal history records under Public Law 92-544 and to provide clearer rules for approval, denial, suspension, or cancellation of marijuana establishment licenses.
HB110 changes Delaware Code Title 4 by expanding and specifying the categories of people subject to background checks in the marijuana licensing process and by updating the Commissioner’s licensing authority to reflect those checks. It affects applicants, owners, managers, board members, agents, workers, and volunteers associated with marijuana establishments, and it places the cost of background checks on the person required to obtain them. The bill also reinforces the Division of Alcohol and Tobacco Enforcement and State Bureau of Identification’s roles in collecting and forwarding criminal history information, including ongoing monitoring where available.
The bill appears to have broad legislative support and little visible opposition. It passed the House unanimously, 37-0, and the Senate by a comfortable margin, 15-3, suggesting general agreement that the background-check rules needed clarification and technical alignment with federal law. The synopsis frames the bill as a compliance and clarification measure rather than a major policy shift, which likely contributed to the favorable votes.
The main point of discussion embedded in the bill text is the balance between public safety and access to marijuana licensing. Supporters of the bill emphasize clearer eligibility screening, federal compliance, and continued monitoring of criminal history, while the licensing provisions preserve discretion for the Commissioner to deny applicants who present a risk to health or public safety. The potentially contentious issue is the treatment of prior marijuana-related convictions: the bill says those convictions generally may not be used alone to deny a license, which could concern those favoring stricter screening, but the bill retains authority to consider other offenses and rehabilitation evidence. No committee transcript is available, so the record shows no specific named objections.