Delaware officials say a key administrative hurdle to launching the state’s adult-use cannabis industry has been cleared: the FBI has issued a fingerprint service code that allows regulators to run the statutorily required national background checks on license applicants. The Office of the Marijuana Commissioner (OMC) announced the approval on May 5, 2025, after months of uncertainty.
State officials said the code enables LiveScan submissions to the FBI’s Next Generation Identification system via Delaware’s State Bureau of Identification, as required for PL 92-544 compliant national checks.
The FBI’s decision reverses a March 31 denial that stalled preparations for retail and cultivation licensing. At the time, federal officials told Delaware that the state’s authorizing statute did not contain sufficiently explicit language identifying which categories of people must undergo FBI-based checks—a requirement tied to Public Law 92-544 governing access to federal criminal history records.
To address those concerns, lawmakers moved quickly with House Bill 110, clarifying that owners, financial controllers, managers, employees, contractors, and other key personnel connected to licensed marijuana establishments must submit fingerprints for national checks. Gov. Matt Meyer signed the bill on April 24, paving the way for OMC to reapply; the FBI then provided the needed service code.
News of the approval drew cautious optimism from industry watchers and local officials who have tracked Delaware’s protracted rollout since legalization in 2023. Public broadcasters and local outlets reported that the service code allows selected applicants to begin the fingerprinting process immediately, a step that had been a gating factor for issuing final licenses.
The background check requirement is foundational to Delaware’s regulatory design. Under the Marijuana Control Act, regulators must vet owners and significant employees for disqualifying offenses to prevent diversion, protect public safety, and ensure the integrity of seed-to-sale tracking. Without a valid service code, the State Bureau of Identification could collect fingerprints but could not submit them to the FBI’s national system, effectively bottlenecking approvals.
With the federal code in hand, state officials said they would move forward with fingerprint appointments and subsequent suitability reviews. Delaware Online reported that licensees were given a firm deadline to complete fingerprinting, signaling that the market’s long-planned launch was back on schedule. Spotlight Delaware likewise noted that the FBI’s earlier rejection stemmed from a narrow reading of state law, which the General Assembly has now remedied.
Trade publications that have followed the saga called the approval a “partial” green light because additional rule finalization and local siting decisions still affect timing. Still, the service code removes the most immediate federal barrier and provides clarity to applicants who had already invested in compliance, facilities, and workforce planning.
For Delaware’s OMC, the episode underscores the interplay between state legalization programs and federal infrastructure. Even where state law authorizes adult-use markets, access to FBI criminal history databases requires precise statutory language and formal approval. The rapid drafting and passage of HB 110—followed by the FBI’s issuance of the code—illustrates how technical statutory fixes can unlock practical steps toward implementation.
Prospective business owners should watch for OMC guidance on scheduling fingerprint sessions and document submission, as well as any updates to local zoning or security plans that could affect site readiness. But after a spring of procedural detours, the central background-check mechanism is finally in place—an essential milestone on Delaware’s path to adult-use sales.