Delaware
Delaware’s legal marijuana industry on hold as FBI stifles background check process
Cannabis industry protests delayed openings for recreational businesses
Supporters of legal cannabis gathered in Dover to call on lawmakers to allow recreational marijuana businesses to open.
The bumpy road to legal recreational marijuana businesses in Delaware hit another roadblock.
The FBI denied the Delaware Office of the Marijuana Commissioner’s request for a service code to complete legally required fingerprinting for everyone who was selected for a marijuana business license. The state office said the FBI denied the request because it wants the law to lay out exactly who requires a background check.
The FBI service code is necessary to conduct the fingerprinting part of the background check. Without it, no one can move on to the next steps of their remaining applications. The state marijuana office said it is working to propose new legislation to amend Title 4 of Delaware’s code “expeditiously” to add the necessary wording that would make the FBI happy. It has not found a legislator to introduce a bill with these changes yet.
The Delaware Division of Alcohol and Tobacco Enforcement is still working through its background checks, which include income tax transcripts, long-term debt obligations, bankruptcies, civil litigation and more for every licensee. The key missing piece is the FBI fingerprinting, which produces the criminal part of the background check.
The requirements for the background checks a few years ago for medical sales and these adult-use recreational sales are virtually the same, the Office of the Marijuana Commissioner said. But it said the FBI wants more specificity in the law for adult-use recreational sales.
Without the FBI-produced criminal records, conditional licenses to operate recreational marijuana businesses will remain in limbo.
Once someone gets a conditional license, they have 18 months to become operational before they can be awarded an active license. Unless there is a good-faith reason they cannot get up and running, the license is rescinded after that time period.
In order for the FBI to perform fingerprinting and national criminal history background checks, it requires state laws to meet the following criteria:
- Require the fingerprinting of applicants
- Authorize the use of FBI records to screen the applicants
- Identify specific categories of people subject to the checks
The last requirement is the sticking point for the FBI’s denial of the current law.
An amendment to the law now has to go through the entire legislative process, stifling the industry for an indefinite amount of time nearly two years after its legalization. Throughout 2024, the state government had the goal to open dispensary doors by this month. The industry, which must be homegrown because it is illegal to transport marijuana over state lines, has yet to get off the ground in Delaware.
For some license holders, this development is adding to their frustrations with the process. Tracee Southerland is a cannabis advocate and holds two social equity licenses for testing facilities in Sussex and New Castle counties. She called the FBI’s denial more than a speed bump.
“Currently, it’s a roadblock because until we get fingerprints, we can’t get our conditional licenses so nothing can move forward,” she said.
She said the state marijuana office told her in an email that she is squared away and needs to complete the background check before she can start to set up her business. Now, with this new delay and the time it takes for marijuana plants to grow, the process could extend for months.
James Brobyn, who owns a medical marijuana dispensary, has his background check completed. However, he wants to welcome recreational customers as soon as he can because of the limited customer base for medical marijuana.
“Everyone’s asleep at the wheel, like no one’s watching,” Brobyn said. “Well, I’m watching. I’ve been trying to scream at this and raise the alarm for a while.”
Cannabis advocates have been calling for Gov. Matt Meyer to appoint a marijuana commissioner to give the agency some power. The state’s first marijuana commissioner, Rob Coupe, stepped down in January. His deputy commissioner, Paul Hyland, has been acting commissioner since then.
A spokesperson for the governor said interviews for the position are underway and that a selection could be announced in the coming weeks. The state Senate must confirm Meyer’s nomination.
Shane Brennan covers New Castle County with a focus on Newark and surrounding communities. Reach out with ideas, tips or feedback at slbrennan@delawareonline.com. Follow @shanebrennan36 on X, formerly Twitter.
Delaware
Save the embarrassment. These expungement clinics may help with clearing a Delaware record
Speed enforcement camera now active near Lewes
It’s located at Pondview Drive on southbound Coastal Highway.
A criminal history, even one stemming from a juvenile arrest or a minor driving violation, can be a lifelong barrier to opportunity for many Delawareans. Whether or not a conviction occurred, a record can follow a person for years, showing up in background checks run by employers, landlords and loan officers.
An expungement offers a way to break that cycle. The legal process removes police and court records from public databases, allowing former defendants to move forward without being required to disclose past arrests or charges.
To help people navigate that process, several Delaware lawmakers and state agencies are hosting free expungement clinics this fall, offering one-on-one legal counseling to help eligible residents clear their records and reclaim new opportunities.
3 events planned across Delaware
Before the year ends, Delaware residents will have three opportunities to attend an expungement clinic where free, individual legal counseling will be available.
The events are organized in collaboration with the Office of Defense Services, the Delaware Criminal Justice Information System, or DELJIS, and the Delaware Department of Labor’s Advancement through Pardons and Expungement APEX Program. The Office of the Marijuana Commissioner has joined as a new sponsor this year and is contributing up to $5,000 to help cover expungement-related fees.
The sessions are open to individuals with Delaware criminal records. Services are offered on a first-come, first-served basis, and advance registration is required.
Where and how to attend
The Middletown Expungement Clinic will be held from 2 to 5 p.m. Oct. 29 at the Whitehall Recreational Center in Sen. Nicole Poore’s district. Registration is available at bit.ly/48gnKto.
The Smyrna Expungement Clinic will take place from 2 to 5 p.m. Nov. 6 at the Duck Creek Regional Library in Sen. Kyra Hoffner’s district. Registration is available at bit.ly/3KaHOn3.
In Sussex County, the Office of Defense Services will host the Life Church Expungement Clinic from 11 a.m. to 2 p.m. Nov. 18 at The Life Church in Laurel. Registration is available at forms.gle/bACj1h1xouk452oz8. For more information, contact Maria Clark at the Office of Defense Services at 302-688-4560.
Organizers say the goal of these clinics is to help Delaware residents overcome the lasting effects of old criminal records and move toward greater economic and personal stability. They said, by removing barriers to employment and housing, expungements can help people reenter the workforce, support their families and participate fully in their communities.
To share your community news and activities with our audience, join Delaware Voices Uplifted on Facebook. Nonprofits, community groups and service providers are welcome to submit their information to be added to our Community Resources Map. Contact staff reporter Anitra Johnson at ajohnson@delawareonline.com.
Delaware
Would adding nuclear power solve Delaware’s energy needs?
Nuclear energy is seeing something of a renaissance, helped in part by executive orders from President Donald Trump boosting the industry. The four orders include rapid development and deployment of advanced nuclear technologies, reconsidering radiation exposure standards, eliminating or expediting environmental reviews of applications and funding for workforce-related opportunities. Big tech companies are also betting big on nuclear energy to fuel power-hungry data centers.
Investment firm Starwood Digital Ventures is currently pitching a massive data center for Delaware City. Critics are concerned it will drain large amounts of energy and water.
Kathryn Lienhard, an offshore wind energy research associate with Delaware Sea Grant, said nuclear power generates electricity through chain reactions that produce heat. That heat is used to make steam that spins a turbine to create the electricity. Reactors use uranium, which is radioactive, for nuclear fuel, and exposure can cause lung cancer and other diseases. Spent reactor fuel is a highly radioactive byproduct that is normally stored on site, but Lienhard said the U.S. has yet to develop a long-term storage solution for the waste.
Public anxiety about the harmful health effects of nuclear power plants grew after the worst commercial reactor accident in U.S. history at the Three Mile Island plant in 1979. The partial core meltdown at the plant near Middletown, Pennsylvania, forced the evacuation of thousands of nearby residents. Numerous studies since then found no direct negative health effects on the nearby population. Microsoft is reopening the plant to power its data centers.
Union boilermaker Martin Willis, another task force member, said members should look at deploying a small nuclear reactor at the Dover Air Force Base. He also said the public is still resistant to adopting nuclear energy.
“I hate to say it, but even with America being in an electric generation crisis because of the demands of AI data centers, Bitcoin mining, cannabis farming and a robust economy, our nation will not embrace civilian nuclear power until parts of America suffer widespread blackouts and rolling brownouts,” he said.
The task force’s next meeting is Dec. 1. The group’s chair, state Sen. Stephanie Hansen, said the group will deliver a final report, but that date is yet to be determined.
Delaware
Progressive leader and Newark’s longtime representative John Kowalko dies at 80
Bill that establishes Office of Inspector General in Delaware signed into law
Gov. Matt Meyer signed Senate Bill 4 into Thursday. It establishes Office of Inspector General within state government. 8/14/25
Former state Rep. John Kowalko, an unapologetic voice for Delaware’s progressive movement and a longtime advocate for government transparency, died Oct. 25 at the age 80.
Kowalko, sometimes called the “Bernie Sanders of Delaware,” represented Newark’s 25th District — home to the University of Delaware — from 2006 until his retirement in 2022. Known for his blunt style and fierce defense of the poor and working class, Kowalko was the most outspoken progressive in the 41-member House, long before the rise of the newer progressive wave that followed the 2020 elections.
During his tenure, he was a tireless champion of public education and open government. As a member of the Delaware Coalition for Open Government, Kowalko pressed officials for transparency and accountability, notably seeking answers about embezzlement issues within the state’s unemployment insurance trust fund.
Even after retiring, Kowalko continued his activism. He co-founded Retirees Investing in Social Equity (RISE) Delaware, which helped block the introduction of Medicare Advantage into the state employees’ retirement health plan. Earlier this year, he celebrated a personal milestone when the long-sought Inspector General bill, an initiative he had championed for two decades, was signed into law by Gov. Matt Meyer.
In a joint statement, Senate President Pro Tempore Dave Sokola, Senate Majority Leader Bryan Townsend, and Senate Majority Whip Elizabeth “Tizzy” Lockman praised Kowalko’s decades of service and dedication to Delaware’s working families. They said Kowalko consistently fought for progressive priorities with conviction and compassion, earning deep respect among colleagues and constituents alike.
The Senate leaders added that Kowalko’s unwavering commitment to open government helped shape a culture of greater transparency in Dover.
To share your community news and activities with our audience, join Delaware Voices Uplifted on Facebook. Nonprofits, community groups and service providers are welcome to submit their information to be added to our Community Resources Map. Contact staff reporter Anitra Johnson at ajohnson@delawareonline.com.
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