For the second straight year, the Delaware House passed legislation Tuesday that would remove penalties for the adult possession of small amounts of marijuana.
Last year’s bill was vetoed last year by Gov. John Carney, with an override effort falling short. Carney cited dangers to young people. Supporters say illegal marijuana is already widely available. Three Republicans joined most Democrats in voting for the bill. House Speaker Pete Schwartzkopf, a retired state policeman, appeared to be the lone no vote among Democrats.
Sponsored by Rep. Ed Osienski, House Bill 1 would remove all penalties for possession of a personal use quantity of marijuana, except for those who are under 21. Possession of more than a personal use quantity of marijuana and public consumption would remain unclassified misdemeanors. A personal use quantity would be defined as one ounce or less of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol.
Under current state law, possessing one ounce or less of marijuana by a person 21 years of age and older carries a civil penalty of $100. That provision would be eliminated under HB 1. Possession, use, or consumption of recreational marijuana by anyone under 21 would still result in a civil penalty.
The bill’s passage comes as neighboring Maryland and New Jersey legalize recreational marijuana, thanks to direct voter approval. That mechanism is not in the Delaware Constitution. Polls indicate a majority of Delaware residents favor legalization.
Delaware has broadened the availability of medical marijuana as more stores are added.
“With each passing year, it becomes clearer that Delawareans are strongly in favor of establishing a safe, legal market for adult recreational marijuana. We have heard from numerous members of the public – advocates, veterans, retired law enforcement officers, educators and even faith leaders – who have overwhelmingly voiced support for this proposal. Neighboring states have endorsed legal cannabis, including Maryland last year,” said Osienski, D-Brookside.
“It’s time for Delaware to join 21 other states, create a new industry with good-paying jobs, hurt the illegal market, and bring much-needed tax revenue into our state. I’m grateful to the House for passing this bill and look forward to continuing this effort until Delaware is poised to establish a new, legal industry in our state.”
Because this bill does not have any taxation or revenue aspect to it, the measure only required a simple majority, or 21 votes in the House. HB 1 passed Tuesday 28-13.
HB 1 is part of a two-pronged effort to legalize and regulate adult recreational marijuana in Delaware. A companion bill, House Bill 2, has cleared a House committee and is slated for a floor vote on Thursday. That bill would create a legal framework to regulate the cultivation, sale and possession of marijuana, and provide opportunities for small businesses to be licensed. HB 2 would require a 3/5 vote in each chamber (25 in the House).
Neither bill would change existing state law regarding driving under the influence of an illicit or recreational drug. They also would not allow individuals to grow their own plants. Public consumption of marijuana would still not be permitted.
Employer enforcement largely would not change.
Currently, recreational marijuana use is permitted in 21 states and the District of Columbia. Nearby states Maryland, New Jersey, Virginia and New York have legalized adult recreational cannabis.
HB 1 heads to the Senate for consideration.
