In a historic vote on Thursday, House lawmakers passed a bill that creates and regulates a recreational marijuana industry in Delaware, a policy that Democrats have sought to enact for over a decade. This is the first time that Delaware lawmakers have secured the necessary three-fifths vote to pass such legislation. Last year, a similar bill failed by just one vote due to a sick Democratic lawmaker.
Supporters of the bill included Rep. Ed Osienski, D-Newark, who sponsored the bill, and Rep. Michael Smith, a Republican from Pike Creek, and Rep. Jeff Spiegelman, a Republican from Clayton, who voted in favor of the legislation. All present Democrats also voted in favor of the bill for a three-fifths majority. Rep. Stephanie Bolden, a Democrat from Wilmington, was absent but relayed the message that she would vote in favor of the bill if she was present. Rep. Bill Bush, a Dover Democrat who voted no on a similar bill last year, voted yes on Thursday, and House Speaker Pete Schwartzkopf, a Democrat from Rehoboth Beach who has previously been against legalizing marijuana, also voted in favor of the legislation.
Introduction
The bill legalizes the possession of a personal use quantity of marijuana, 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. Although there are no official estimates on how much money this would bring to Delaware in tax revenue, it is expected to generate millions of dollars for the state. New Jersey collected over $7 million in taxes on cannabis from July to September 2022 alone.
What’s Next for Legal Weed in Delaware?
If the Senate passes both recreational marijuana bills, Democrats will likely face another battle with Gov. John Carney, who is adamantly against the legalization of marijuana. Carney vetoed a legalization bill last year, which fell apart after some Democrats refused to override the governor. However, a Carney spokesperson said on Thursday after the vote that the governor’s office had no comment. Activists remain hopeful, with the Delaware Cannabis Advocacy Network Executive Director Zoë Patchell stating that “The people of Delaware overwhelmingly support cannabis legalization, and we deserve to see our legislature finally make this important change in 2023.”
What’s in the Bill?
The bill passed on Thursday would create a framework to regulate the growth, sale, and possession of weed. Lawmakers say marijuana would be regulated and taxed the same way alcohol is. This legislation required a three-fifths vote because it deals with revenue and taxation. Delawareans would buy marijuana from a licensed retail marijuana store. The bill would allow for up to 30 retail licenses to be distributed within 16 months of the legislation going into effect. The process will be competitive, with prospective retailers being rewarded for providing good salaries and benefits and hiring a diverse workforce. People of color and those who have been convicted of previous marijuana offenses would be able to get recreational business licenses. The bill also creates a marijuana control enforcement fee of 15%. Seven percent of the marijuana tax revenue would go to a Justice Reinvestment Fund, which has been a key area for members of the Democratic Black Caucus.
Opponents of the bill raised questions about the ethics of legalizing marijuana, specifically through the lens of addiction. Although those who voted no on the bill acknowledged during floor debate that they did not have the numbers to prevent it from passing, they praised Osienski for his perseverance with the bill, and the Republicans who voted in support of it thanked him for his willingness to engage with them and make concessions
What’s Next
The passage of the bill is a significant step towards the legalization of recreational marijuana in Delaware. The bill creates a framework for the regulation of the growth, sale, and possession of marijuana in the state, with marijuana being regulated and taxed the same way as alcohol. The bill is also expected to generate millions of dollars in tax revenue for Delaware.
While opponents of the bill have raised concerns about the ethics of legalizing marijuana, supporters believe that it will have a positive impact on the state’s economy and reduce the number of people who are incarcerated for non-violent drug offenses.
If the Senate passes both recreational marijuana bills, Democrats will likely face another battle with Gov. Carney, who vetoed a similar bill last year. However, activists remain hopeful that the bill will become law and make Delaware the latest state to legalize recreational marijuana.
