The Delaware House of Representatives narrowly defeated a bill seeking to create a regulatory framework for the sale of recreational marijuana.
According to a House Republican Caucus release, House Bill 372 fell a single vote short of the 25 votes needed for approval. The bill passed on a party-line vote with Republicans in the no column. Those who voted yes included House Speaker Pete Schwartzkopf, D-Rehoboth Beach, a retired state trooper.
Because the bill sought to establish new fees, it requires a three-fifths super-majority to pass the 41-member House. An earlier version of the Delaware Marijuana Control Act fell two votes short in March.
Lobbying efforts have been intense, with current medical marijuana dispensaries not happy with
Before the vote was closed, the long-time sponsor of the legislation, State Rep. Edward Osienski, D-Newark, changed his vote from yes to no.
The procedural move will allow Rep. Osienski to make a motion to restore the bill for consideration.
A motion to reconsider House Bill 372 must be made within three legislative days (days on which the legislature meets) following the initial vote.
Since the General Assembly is in recess for the next two weeks for budget mark-up, supporters will have until June 9 to make the move, the caucus noted.
The caucus noted that the 25th vote needed for passage may already be in hand. State Rep. John “Larry” Mitchell, D-Elsmere, who voted in favor of the earlier Delaware Marijuana Control Act, was absent from Thursday’s vote.
Even if the bill makes its way through the House and Senate with the required 60% margin, its fate is uncertain since Gov. John Carney has longstanding reservations about legalization.
Earlier legislation that takes away criminal penalties for small amounts of marijuana is now on the governor’s desk, where he can sign, issue a veto or let it become law without his signature.
