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Delaware’s legal marijuana industry on hold as FBI stifles background check process

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Delaware’s legal marijuana industry on hold as FBI stifles background check process


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  • The FBI denied the Delaware Office of the Marijuana Commissioner’s request for a service code for necessary fingerprinting for criminal background checks.
  • Despite the state handling most other background checks, the FBI fingerprints produce the criminal records.
  • The needed change requires legislation to amend the current law.

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.

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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.

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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.

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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.”

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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.



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Delaware

Delaware County’s 250th events aim to boost local economy

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Delaware County’s 250th events aim to boost local economy


Delaware County is gearing up for a year-long celebration of the United States’ 250th anniversary, bringing together community partners for a series of events and programs. 

Delaware County’s plans for the semiquincentennial 

The Delaware County America 250 Commission hosted a “We the People” party to unveil plans for the upcoming celebrations. 

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The events aim to educate and connect the local community while drawing visitors from outside Philadelphia to explore the area’s rich history. 

What they’re saying:

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“Delaware County is not just watching from the sidelines, we are proud to be an essential part of a massive regional and national celebration,” said Christine Reuther, Delaware County Council Vice Chair. 

Andrea Silva, director of the Delaware County America 250 Commission, highlighted the diverse themes that will be showcased throughout the year. 

Celebrating 250 years of history 

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The backstory:

Friday’s event celebrated Delaware County’s 250-year history, with different tables reflecting various themes. 

Attendees included Colonial Farmstead, Penn’s Woods Winery, and Pathways to Freedom. 

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The programming will feature over 100 events, including the Battle for Independence: Amazing Race to Brandywine and the Irish America 250 Kick Off on Jan. 14. 

The celebrations are expected to leave a lasting legacy, with hopes of boosting the local economy. 

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“We want to see real economic impact for our local businesses as visitors from around the world come to shop on our main streets and stay in our towns and eat in our restaurants,” said Reuther. 

What’s next:

This year’s county event specifics can be found here.

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The Source: Information from the Delaware County America 250 Commission.

America 250Delaware County



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Wilmington’s first homicide of 2026 claims life of 19-year-old

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Wilmington’s first homicide of 2026 claims life of 19-year-old


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A 19-year-old man was shot dead in Wilmington’s Southbridge neighborhood in the early hours of Jan. 9, police said.

Wilmington officers arriving to the 200 block of S. Claymont St. about 3:30 a.m. found the teen there.

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The teen, whom police have not named, was pronounced dead at the scene.

Anyone with information about this shooting should contact Wilmington Police Detective Derek Haines at (302) 576-3656. People can also provide information to Delaware Crime Stoppers at (800) TIP-3333 or delawarecrimestoppers.com.

Violence by the numbers

This is the first homicide reported this year in Delaware, which last year saw a slight drop in all violent killings.

Delaware police reported 52 people being killed in violent crimes in 2025, a drop of nearly 12% when compared with 59 people killed in 2024, according to a Delaware Online/The News Journal database.

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While the number of people killed in homicides statewide is down, the number of people killed by gunfire in Delaware was up in 2025 for the third year in a row.

According to the Delaware Online database, 47 were shot dead in Delaware last year. That was one more victim (46) than in 2024, three more (44) than in 2023 and nine more (38) than in 2022.

Despite the increase in gun-related deaths, there were fewer people shot last year in Delaware for the second year in a row.

Police reported 164 people being shot last year in Delaware. The previous year saw 195 people shot and police reported 210 people being shot in 2023.

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This was the fewest people shot in Delaware since 2018, when police reported 146 people being shot statewide.

Send tips or story ideas to Esteban Parra at (302) 324-2299 or eparra@delawareonline.com.



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MERR responds to dead humpback whale washed up near Bethany Beach

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MERR responds to dead humpback whale washed up near Bethany Beach


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A dead humpback whale washed up near Bethany Beach on Jan. 8, according to the nonprofit Marine Education Research and Rehabilitation Institute.

The juvenile male was first seen Jan. 6, floating at sea about 2 miles off the Indian River Inlet, a MERR Facebook post said. The bloated 30-foot whale ultimately beached near a private community in the early afternoon of Jan. 8, the post said.

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MERR is attempting to coordinate with the Delaware Department of Natural Resources and Environmental Control to get equipment to move the whale out of the water and onto the beach to perform a necropsy, the post said. Right now, there isn’t enough information to determine a cause of death.

Delaware saw at least three dead whales last year, in the Indian River Bay, at Delaware Seashore State Park and at Pigeon Point. The first two were humpbacks, while the Pigeon Point whale was a fin whale.

A necropsy on the Delaware Seashore whale found blunt force trauma across its back, indicating it may have been struck by a ship, MERR Director Suzanne Thurman said.

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Recently, on Jan. 4, a dead fin whale was found on the bow of a ship at the Gloucester Marine Terminal in New Jersey, which is located in the Port of Philadelphia on the Delaware River.

Shannon Marvel McNaught reports on southern Delaware and beyond. Reach her at smcnaught@gannett.com or on Facebook.

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