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DelawareHB 110153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE DELAWARE MARIJUANA CONTROL ACT.

Sponsored By: Edward S. Osienski (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 2 costs, 1 mixed.

Background checks and fees for marijuana businesses

If you apply to license, work at, or own 10% or more of a marijuana business, you must pass a criminal background check before licensing or work. You must give fingerprints to the State Bureau of Identification so it can get Delaware and FBI records. You pay the fingerprint and background-check costs. The Bureau sends the records to the Division of Alcohol and Tobacco Enforcement. The Division can use them only to decide license or job suitability under this law. If you or key owners or officers do not follow these rules, the Commissioner can refuse, suspend, or cancel the license.

How past convictions affect marijuana licenses

The Commissioner can deny a license if an applicant or key person (directors, officers, board members, agents, or 10%+ owners) has convictions that affect the job. The Commissioner can also deny if background information shows a risk to public health or safety. If the applicant otherwise looks fit, the Commissioner reviews the crime, the facts, and proof of rehabilitation before denying for a past conviction. Past marijuana crimes like possession, sale, manufacture, transport, or cultivation generally cannot be used to deny a license, except as allowed in the law.

Ongoing criminal history monitoring for licensees

While you stay licensed or employed under this law, new criminal history is reported to the Division. The State Bureau sends any new Delaware records and, when available, FBI Rap Back updates. This ongoing monitoring lets the Division act on changes that may affect your job or license.

Sponsors & Cosponsors

Sponsor

  • Edward S. Osienski

    Democratic • House

Cosponsors

  • S. Elizabeth Lockman

    Democratic • Senate

  • Trey Paradee

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 53 • No: 3

Senate vote • 4/17/2025

Passed (SM required)

Yes: 16 • No: 3

House vote • 4/10/2025

Passed (SM required)

Yes: 37 • No: 0

Actions Timeline

  1. Signed by Governor

    4/24/2025Governor

  2. Passed By Senate. Votes: 16 YES 3 NO 2 ABSENT

    4/17/2025Senate

  3. Reported Out of Committee (Executive) in Senate with 7 On Its Merits

    4/17/2025Senate

  4. Assigned to Executive Committee in Senate

    4/10/2025Senate

  5. Passed By House. Votes: 37 YES 3 NOT VOTING 1 ABSENT

    4/10/2025House

  6. Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 8 On Its Merits

    4/8/2025House

  7. Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

    4/3/2025House

Bill Text

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