DelawareHB 110153rd General Assembly (2024–2026)House

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

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

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

Marijuana businesses face new license risks

Missed background-check requirements can lead to license refusal, suspension, or cancellation. This applies to license applicants, owners holding at least 10% of a licensed establishment, and current officers or directors. The Commissioner can also deny a license when background-check information shows the applicant poses a health or public-safety risk. These licensing actions are allowed, not automatic.

Marijuana background checks expand with use limits

Fingerprint checks cover marijuana-business license applicants, workers, current or prospective directors, officers, board members, agents, and owners holding at least 10%. Workers include employees, contractors, and volunteers; they must complete checks before starting work, and covered people pay their check costs. The State Bureau of Identification handles Delaware and FBI criminal-history checks and sends results to the Division of Alcohol and Tobacco Enforcement. For applicants and workers checked under the law, the Bureau must send later state records and available Rap Back updates. The Division and Commissioner can use check information only to judge qualifications and suitability for licensing or employment under the marijuana law.

Marijuana license reviews expand with conviction protections

License-denial reviews now cover directors, officers, board members, and owners holding at least 10% of licensed businesses or applicant entities. The Commissioner can consider convictions when substantial evidence shows they may affect business or professional qualifications, functions, or duties. For otherwise suitable applicants whose licenses do not compromise public safety, the Commissioner must thoroughly review the crime, circumstances, and rehabilitation evidence. Past marijuana convictions cannot justify denial except under the law's relevant-conviction review rule. This protection covers possession, possession for sale, sale, manufacture, transportation, and cultivation.

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