The House Economic Development, Banking, Insurance and Commerce Committee on Tuesday voted to release House Bill 110, a measure to amend Delaware code to identify which individuals must undergo fingerprint-based FBI background checks in connection with adult‑use marijuana business licenses.

Sponsor Representative Osinski told the committee the FBI recently denied Delaware’s request for a service code needed to run fingerprint-based checks, and that denial cited the absence of explicit statutory language identifying the individuals required to obtain such checks. "This bill will address needed updates to the Delaware's code that will insert language to align with FBI requirements," Representative Osinski said.

The bill would require fingerprint-based background checks for people working at licensed marijuana establishments, license holders, and owners or board members of entities that hold or apply for a marijuana establishment license, according to the sponsor’s description to the committee. Representative Osinski said the change aims to satisfy the FBI requirement so Delaware can obtain the service code and proceed with the background-check portion of licensing.

Acting Marijuana Commissioner Paul Hyland, present to answer questions, said he was not party to the direct conversations with the FBI and had not been told that the FBI’s concern related to Delaware’s prior‑offender preferences. "Well, I was not a party to the direct conversation with the FBI. We haven't had any indication at all about that. It was just about the language of the statute," Hyland said.

Committee members asked about the practical effects on licensees. Hyland said the FBI issue had not yet halted all agency work: the state is continuing state‑level background checks and other compliance work. He said some growers appear close to ready, while some potential retailers are still encountering zoning and other hurdles. "There are some growers that are gonna be ready to go fairly quickly. But as far as the retail, we haven't had much luck with some of the retails with the so many problems," Hyland said.

Zoey Padgett, executive director of the Delaware Cannabis Advocacy Network and the Kent County appointee to the marijuana act oversight committee, urged faster transparency and leadership change in the Office of the Marijuana Commissioner. "It is frustrating that it took nearly 3 months for the Office of Marijuana Commissioner to explicitly admit that there's been a delay," Padgett said, adding that she and advocates had sought answers about when Delaware originally submitted the process to the FBI. Padgett also questioned whether the changes in HB 110 will meet the FBI’s stated prerequisites.

A committee member noted the issue is not unique to marijuana licensing; the speaker said a similar denial occurred for language on federal background checks in legislation affecting firefighters and EMS and that a rewrite was underway for that measure as well. The committee received no virtual public comment on the bill.

A motion to release House Bill 110 passed on a roll call vote and the committee clerk announced the bill had received the required votes for release.

Votes at a glance: Chair Bush (yes); Vice Chair Carson (yes); Representative Gray (yes); Representative Hensley (yes); Representative Ross Levin (yes); Representative Short (yes); Representative Schoop (yes); Representative Smith (yes); Representative Snyder Hall (yes); Representative Wilson Anton (yes); Representative York (yes). The committee reported the bill out for further legislative action.