The Delaware Legislature is again considering adult-use cannabis legalization after Democratic Gov. John Carney vetoed legislation last year that would have legalized cannabis possession.
The House of Representatives approved a pair of companion bills this week that would establish an adult-use market in the state.
House Bill 1 would allow adults 21 and older to possess up to 1 ounce of cannabis for personal use. Lawmakers passed the legislation March 7 in a 28-13 vote, sending it to the Senate for consideration.
The House then approved companion legislation, House Bill 2, March 9 in a 27-13 vote. That legislation, also heading to the Senate, would establish and regulate a commercial adult-use market in Delaware.
H.B. 2 would create a regulatory framework for the cultivation, sale and possession of cannabis that largely mirrors the way alcohol is regulated and taxed in Delaware, according to a Delaware Online report.
The bill calls for 30 total adult-use dispensary licenses that must be issued through a competitive application process within 16 months of the legislation becoming law, Delaware Online reported. H.B. 2 also outlines rewards for retailers that provide robust salaries and benefits to their employees, as well as those that hire a diverse workforce.
The legislation also establishes a cannabis control enforcement fee of 15% and directs 7% of the tax revenue to a newly created Justice Reinvestment Fund, Delaware Online reported. The fund would be overseen by the Criminal Justice Council, which would create grants and services aimed at restorative justice.
“I'm glad we've gotten to the finish line here so far,” Rep. Ed Osienski, D-Newark, the main sponsor of both H.B. 1 and H.B. 2, said after the bills passed, Delaware Online reported.
Supporters say a state-regulated cannabis industry would help diminish the illicit market, create jobs and generate tax revenue, according to the Associated Press. Opponents argue that adult-use legalization will lead to increased use among teens and young adults, as well as expose businesses to liability and cause more traffic deaths and injuries, the news outlet reported.
“It’s encouraging to see these bills advance through the legislature with supermajority support,” Olivia Naugle, senior policy analyst at the Marijuana Policy Project, said in a public statement Thursday. “The people of Delaware overwhelmingly agree that legalizing cannabis is the right move, and with this development we are hopeful that this is the year Delaware finally ends cannabis prohibition once and for all.”
Last year, the Delaware House approved similar legislation to legalize cannabis possession but was one vote shy in passing a companion bill that would have allowed the commercial cultivation and sale of cannabis in the state.
Carney then vetoed the cannabis possession legislation, and the House upheld the veto.
A spokesperson for Carney told Delaware Online that the governor’s office has no comment on the House approving H.B. 1 and H.B. 2 this week.
H.B. 1 requires a simple majority in both chambers, but the companion bill to establish a commercial adult-use market requires a three-fifths majority because it creates a new tax on retail sales, AP reported.
Tuesday’s vote is three votes more than required to override another potential veto from Carney, according to a WHYY report.
Osienski has indicated there is support from newly elected lawmakers that could push the bills across the finish line this year, the news outlet reported.
“We have some new members, we have some new energy,” Osienski said earlier this year, according to WHYY. “I think a lot of them realized that I’m just not going to let this go.”
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