The Delaware Senate approved a bill 12-9 on Thursday that would remove criminal penalties and potential jail time for adult possession of a small amount of marijuana, the Marijuana Policy Project announced. The governor immediately signed the bill, the group reported.
The softer penalties will go into effect in six months.
The governor’s office issued the following statement following passage of the measure:
“The governor remains committed to reducing the number of people entering the criminal justice system and refocusing resources where they are needed most and House Bill 39 supports these efforts.”
Republican legislators were not pleased with the bill.
Speaking on the Senate floor, Sen. Colin Bonini (R-Dover South) said it was a bill “we’re going to regret.”
“We have a huge drug problem in this country,” he said. “Regardless of what the popular opinion is, this is absolutely a gateway into much worse behavior. … And I think the impact and the message we’re sending, especially to young people, is one we simply should not send.”
Sen. Brian Pettyjohn (R-Georgetown) used a sandwich-sized bag filled about halfway with oregano to illustrate what an ounce of marijuana looks like. Pettyjohn disputed language in the bill calling an ounce of marijuana “personal use quantity.” Based on the amount of tobacco in a regular-sized cigarette, he said an ounce of marijuana would produce more than 40 joints.
“And you’re saying that’s personal use? If you baggie those up individually, that’s distribution,” he said. … “That’s a lot of marijuana. You could do a lot with it. You could have a big party with it if you wanted to. In my opinion this is not personal use, this is much more than what personal use would be.”
HB 39, introduced by Rep. Helene Keeley (D-Wilmington South) in the House and sponsored by Judiciary Committee Chair Margaret Rose Henry (D-Wilmington East) in the Senate. The bill would replace criminal penalties for adult marijuana possession with a civil fine similar to a traffic ticket.
Under current law, possession of up to one ounce of marijuana is a misdemeanor with a maximum punishment of a $575 fine and three months in jail.
“Laws that criminalize people for simple marijuana possession are outdated and counterproductive,” . Keeley said. “Delaware is taking an appropriate step to right size the penalty for small quantity possession.
More than two-thirds of Delaware voters support the law that makes small amounts a civil offense, punishable by a fine of up to $100 with no possibility of jail time, according to a survey conducted in March 2014 by Public Policy Polling. Only 26 percent said they were opposed.Full results are available at: https://www.mpp.org/states/delaware/delaware-poll-march-2014.
“We commend Gov. Markell and the Delaware Legislature for moving the state forward and leaving its antiquated marijuana possession law behind,” said Robert Capecchi, deputy director of state policies for the Marijuana Policy Project. “Adults in Delaware will no longer be branded as criminals simply for consuming a substance that is undeniably less harmful than alcohol. Law enforcement officials will be able to spend more time addressing serious crimes instead of arresting and prosecuting adults for simple marijuana possession.”
“Marijuana prohibition’s days are numbered, not just in Delaware, but nationwide. States around the country are rolling back their outdated marijuana prohibition policies. We’re seeing rapid progress from coast to coast, and we do not expect it to slow down anytime soon, Capecchi stated.
Nineteen states and the District of Columbia have adopted laws removing the threat of jail time for simple marijuana possession. The Illinois General Assembly approved a similar measure in May, which is now awaiting action from the governor.
The Senate vote in favor of the law was not a sure thing, due to traditionally strong ties to law enforcement. However, lobbying for the law was intense and some in law enforcement have backed away from speaking out against the change.
Capecchi’s statement aside, decriminalization does not mean the state is much closer to legalizing marijuana. The process of offering medical marijuana is in its early stages and Markell said legalization would not happen during the his administration. Markell’s term ends in early 2017.
Pressure to legalize the drug may grow if budget problems continue in the state or if a neighboring state, perhaps Maryland, would move in the direction of legalization.
