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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 Lottery Play 3 Day, Play 3 Night winning numbers for Dec. 21, 2025

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Delaware Lottery Play 3 Day, Play 3 Night winning numbers for Dec. 21, 2025


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The Delaware Lottery offers several draw games for those aiming to win big. Here’s a look at Sunday, Dec. 21, 2025 results for each game:

Winning Play 3 numbers from Dec. 21 drawing

Day: 5-6-7

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Night: 4-9-0

Check Play 3 payouts and previous drawings here.

Winning Play 4 numbers from Dec. 21 drawing

Day: 8-8-0-2

Night: 6-7-3-8

Check Play 4 payouts and previous drawings here.

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Winning Multi-Win Lotto numbers from Dec. 21 drawing

01-08-13-16-18-24

Check Multi-Win Lotto payouts and previous drawings here.

Winning Lucky For Life numbers from Dec. 21 drawing

11-24-27-38-46, Lucky Ball: 15

Check Lucky For Life payouts and previous drawings here.

Winning Play 5 numbers from Dec. 21 drawing

Day: 6-2-3-4-3

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Night: 0-7-5-3-8

Check Play 5 payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

Are you a winner? Here’s how to claim your lottery prize

  • Sign the Ticket: Establish legal ownership by signing the back of your ticket with an ink pen.
  • Prizes up to $599: Claim at any Delaware Lottery Retailer, in person at the Delaware Lottery Office, or mail your signed ticket and claim form; print your name/address on the ticket’s back and keep a copy/photo for records. By mail, send original tickets and documentation to: Delaware Lottery, 1575 McKee Road, Suite 102, Dover, DE 19904.
  • Prizes up to $2,500: Claim in person at Delaware Lottery Retailer Claim Centers throughout Kent, Sussex and New Castle Counties.
  • Prizes of $5,001 or more: Claim in person at the Delaware Lottery Office (business days 8 a.m. to 4 p.m.) with a photo ID and Social Security card.
  • For all prize claims, directions to the Delaware Lottery Office are available online or via mapquest.com for a map.

Check previous winning numbers and payouts at Delaware Lottery.

Can I claim a jackpot prize anonymously in Delaware?

Fortunately for First State residents, the Delaware Lottery allows winners remain anonymous. Unlike many other states that require a prize be over a certain jackpot, Delawareans can remain anonymous no matter how much, or how little, they win.

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How long do I have to claim my prize in Delaware?

Tickets are valid for up to one year past the drawing date for drawing game prizes or within one year of the announced end of sales for Instant Games, according to delottery.com.

When are the Delaware Lottery drawings held?

  • Powerball: 10:59 p.m. Monday, Wednesday, and Saturday.
  • Mega Millions: 11:00 p.m. on Tuesday and Friday.
  • Play 3, 4: Daily at 1:58 p.m. and 7:57 p.m., except Sunday afternoon.
  • Multi-Win Lotto: 7:57 p.m. Monday, Wednesday, and Friday.
  • Lucky for Life: Daily at 10:38 p.m.
  • Lotto America: 11:00 p.m. Monday, Wednesday, and Saturday

Missed a draw? Peek at the past week’s winning numbers.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Delaware Online digital operations manager. You can send feedback using this form.



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State police investigating 3-vehicle crash in Camden-Wyoming area

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State police investigating 3-vehicle crash in Camden-Wyoming area


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Delaware State Police are investigating a three-vehicle crash in the Camden-Wyoming area that left one man dead on Dec. 20.

The crash happened around 6 p.m. on Westville Road between Allabands Mill Road and Mallard Drive. Police said a Ford Fusion was traveling west, while a RAM 2500 towing a utility trailer headed east with a Chevrolet Suburban behind it.

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Investigators say the Suburban tried to pass the RAM in a no-passing zone and sideswiped the Ford Fusion. As it moved back into the eastbound lane, the Suburban struck the front driver’s side of the RAM. The SUV then swerved on and off the road before leaving the roadway, hitting a tree and catching fire.

The driver of the Suburban, an 84-year-old Camden-Wyoming man, died at the scene. His name has not been released pending family notification. The drivers of the RAM, a 31-year-old Dover man, and the Ford Fusion, a 37-year-old Hartly man, were not injured, according to reports.

The investigation remains ongoing. Anyone with information, surveillance or dash camera footage is asked to contact Delaware State Police Sgt. J. Jefferson at 302-365-8484. Tips may also be submitted through a private message to Delaware State Police on Facebook or by contacting Delaware Crime Stoppers at 800-847-3333.

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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1 killed in Delaware County apartment fire: Dozens of residents displaced

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1 killed in Delaware County apartment fire: Dozens of residents displaced


An apartment fire in Delaware County killed one person and injured seven on Saturday, while displacing dozens more.

Upper Darby apartment fire

What we know:

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Firefighters were called out to the Llanerch Place apartment building on Township Line Road in Upper Darby Township around 10:30 a.m. Saturday. When they got there, they found a fire on the second floor of the three-story building.

Firefighters pulled two people from the flames and paramedics took them to the hospital. One of them died at the hospital, according to the Upper Darby Township Fire Department. The other is in critical condition. 

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Six other people were also injured, but officials said none of their injuries were life-threatening.

Crews were eventually able to put out the fire, but there was significant damage to the building, between fire, smoke and water damage. 

The approximately 75 people who live in the building were all displaced by the fire.

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What we don’t know:

The cause of the fire was not immediately clear. The UDFD Fire Marshalls, the Upper Darby Township Police Department and the Pennsylvania State Police Fire Marshalls are investigating the fire.

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The Source: Information in this story is from the Upper Darby Township Fire Department.

Delaware CountyCrime & Public Safety



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