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

Plain English Breakdown

Checked against official source text during the last sync.

HB172: Fixing Background Check Rules for Marijuana Businesses

This law fixes a mistake in the list of people who must get fingerprint background checks before working with or owning marijuana businesses in Delaware.

What This Bill Does

• Amends Section 1347 of Title 4 of the Delaware Code to correct specific categories of persons required for background checks.
• Updates the law so it follows federal rules (Public Law 92-544) for accessing FBI criminal history records.

Who It Names or Affects

• Directors, officers, board members, or agents of licensed marijuana establishments.
• People applying to become directors, officers, board members, or agents for these businesses.
• The State Bureau of Identification and the Division that handles background checks.

Terms To Know

Technical correction

A small fix made to a law to correct an error without changing its main purpose.

Fingerprint-based background check

An official review of a person's criminal history using their fingerprints and FBI records.

Limits and Unknowns

• The text does not state the exact date this law becomes effective.
• The bill only changes specific words in one section of the code regarding background checks.

Official Summary Text

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE DELAWARE MARIJUANA CONTROL ACT.
This bill makes a technical correction to the specific categories of persons required to obtain a fingerprint-based background check under this chapter in order to comply with the requirements of Public Law (Pub. L.) 92-544 for access to FBI criminal history record information.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Osienski & Sen. Paradee

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 172

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1347, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1347. Background checks.

(a) All of the following persons are required to complete a background check under this chapter:

(3) A person who is or seeks to become a director, officer,

board member, or agent

or board member

of a licensed marijuana establishment or a business entity that is an applicant for a marijuana establishment license.

(f) If a current applicant, person performing work at or for a marijuana establishment, director, officer, board member,

agent,

or person who holds an ownership interest of 10% or more in a licensed marijuana establishment or a business entity that is an applicant for a marijuana establishment license obtains a background check under this section, the State Bureau of Identification shall provide all of the following to the Division:

SYNOPSIS

This bill makes a technical correction to the specific categories of persons required to obtain a fingerprint-based background check under this chapter in order to comply with the requirements of Public Law (Pub. L.) 92-544 for access to FBI criminal history record information.