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Law Delaware

Delaware Lawmakers File Marijuana Legalization Bill Despite Governor’s Ongoing ‘Concerns’


Delaware lawmakers on Thursday introduced a much-anticipated bill to legalize marijuana in the state, though the governor’s ongoing concerns about the policy change continue to represent an obstacle.

The legislation, sponsored by Rep. Ed Osienski (D), would establish a regulated cannabis market and allow adults 21 and older to purchase and possess up to one ounce of marijuana. It would not provide a home cultivation option, however.

Osienski was the chief sponsor of an earlier reform bill that cleared a House committee in 2019 but did not advance through the full chamber. The proposal has since been modified, and it’s set to go before the House Health & Human Development Committee on March 24.

The bill calls for the appointment of a marijuana commissioner, which would issue regulations and licenses. The state’s Department of Safety and Homeland Security and Division of Alcohol and Tobacco Enforcement would also have regulatory responsibilities.

In terms of social equity and justice, the measure would provide a means to have prior marijuana records expunged. It would also establish a business licensing category for applicants who live in areas disproportionately impacted by prohibition, have been convicted of a marijuana offense or are the child of someone who faced such a conviction.

“These applicants would have access to technical assistance programs, reduced fees, an adjusted points scale, a waiver of the physical location requirement, and access to a revolving Social Equity Loan fund,” according to a press release from Osienski’s office.

For the first 16 months of implementation, regulators could approve up to 30 retail business licenses. Applicants would be selected based on a scoring system that would take into account factors such as whether the business will pay workers a living wage, provide health insurance and ensure a diverse workforce.

“We’re hopeful that 2021 may be the year Delaware ends its failed war on marijuana,” Karen O’Keefe, state policies director for the Marijuana Policy Project, told Marijuana Moment. “Instead of sending cannabis consumers across the bridge to New Jersey, the First State can create good jobs and new small businesses, while generating tens of millions in tax dollars. Voters overwhelmingly support legalization, and elected officials are increasingly taking notice.”

The bill would also create a “marijuana control enforcement fee”—a 15 percent sales tax—to be imposed at the point of sale for cannabis products. Lawmakers want to make sure that prices remain competitive with the illicit market to encourage people to utilize regulated shops.

Revenue would first be appropriated to cover administrative costs, and then it would be up to the legislature to apportion any additional tax dollars. That could be a point of concern for advocates who have often argued that reform legislation should explicitly earmark some funds for social equity purposes.

An analysis from State Auditor Kathy McGuiness (D) released in January found that Delaware could generate upwards of $43 million annually in revenue from regulating marijuana and imposing a 20 percent excise tax. The legal market could also create more than 1,000 new jobs over five years if the policy is enacted, according to the report.

One major difference between this latest bill and the last version is that it would no longer allow existing medical cannabis dispensaries to start selling marijuana during the transitional period between enactment and full implementation.

“Support for adult recreational marijuana has been growing for years in Delaware and across the country. We have seen other states successfully enact policies that established a safe and legal market for cannabis, and we have studied those laws to craft the best policy for Delaware,” Osienski said. “We believe we have a solid bill that has the support of the public, and we believe we have the political will to pass this bill into law.”

“We would be establishing a new industry that will create good-paying jobs for Delawareans while striking a blow against the marijuana illegal market,” he added. “We also listened to concerns from communities that have been historically impacted by the prohibition of marijuana, and to promote equity, we have included provisions so they can participate in this new market.”

The bill would retain penalties for impaired driving, allow employers to continue to drug test for cannabis and punish workers for being intoxicated on the job, and it would allow individual jurisdictions to ban cannabis businesses from operating in their area if approved via a local initiative.

Marijuana could not be sold on Christmas, Thanksgiving or Easter under the proposal, and localities would be allowed to ban cannabis businesses.

The legislation would also create a Delaware Marijuana Control Act Oversight Committee to “evaluate and make recommendations regarding the implementation,” the text states.

A legalization bill previously received majority support on the House floor in 2018, but procedural rules required a supermajority for it to pass and it didn’t meet that threshold.

While Gov. John Carney (D) is not in favor of legalization, he did sign two pieces of marijuana expungement legislation in recent years. In 2017 and 2018, a state task force met to discuss issues related to legalization, and the governor hosted a series of roundtable meetings about cannabis.

A spokesperson for the governor said that he “supported decriminalization and an expansion of Delaware’s medical marijuana program.” However, “he still has concerns about legalizing recreational marijuana.”

Carney’s predecessor approved a measure to decriminalize simple possession of cannabis in 2015.

“The time has come for us to replace an illegal market that has overwhelmed our court system and damaged lives with a legal, regulated and responsible industry that will create thousands of good-paying jobs in Delaware,” Sen. Trey Paradee (D), who is carrying the Senate companion version of the bill, said.

“We have seen the benefits of a thriving legal cannabis industry in 15 other states,” he said. “We have had time to study what works and what does not. This legislation is sound economic policy, strong social justice reform and a job creator that we absolutely should pass this year.”

Read the text of the new Delaware cannabis legalization bill by following title link and scrolling to the bottom of the article.
 
nds for a Warrantless Arrest

Delaware: Supreme Court Says Marijuana Odor Isn’t Grounds for a Warrantless Arrest​

Dover, DE: Police officers may not make a warrantless arrest of a person based solely upon the odor of marijuana emanating from them, according to a ruling by the state’s Supreme Court.
In a 4-1 decision, the court determined that the smell of marijuana alone does not provide police with “reasonable grounds to believe” that either a felony has been committed or that a suspect “has committed a misdemeanor … in the officer’s presence.” Under state law, a warrantless arrest is only permissible in those two instances, or if the suspect is under 18 years of age. The possession of up to one ounce of cannabis is a civil violation in Delaware, regardless of the age of the person possessing it.
The majority of the court ruled that there was no possibility that the arresting officer could have reasonably presumed the suspect’s age at the time of the arrest or that the suspect possessed felony quantities of marijuana. The court further found no evidence that the defendant committed a crime while in the arresting officer’s presence.
The court’s ruling reverses a lower court decision and suppresses all further evidence of drug law violations that were identified following the defendant’s arrest.
The case is Juliano v. Delaware.
 
Too funny....so, DE is a small state and its a short drive to NJ or NY and rec legal. Think they are looking at lost tax revenue here....eh? Want to know a politician's motivation...follow the money.

"60 cultivation, including 20 to social equity applicants"

Aaaand, if you have any idea how much it costs to build and operate a regulatory compliant grow facility, then you will know that none of these 20 licenses are going to minority people in the 'hood who suffered from MJ law enforcement. Its people....no matter their color...who already have money, business contacts, and banking relationships. Just the facts, ma'am.

Delaware lawmakers take first step toward legalizing an adult-use cannabis market


A state House committee in Delaware advanced an adult-use cannabis bill that focuses in large part on social equity and small businesses, the initial step toward legalizing a commercial market.

The House Health and Human Development Committee on Wednesday approved a Democratic-sponsored HB 305, the Delaware Marijuana Control Act, along mostly party lines.

The bill needs to be considered by the House Appropriations Committee before heading to the full chamber for a vote. There, it would need a 60% majority to pass, according to the Washington, DC-based Marijuana Policy Project.

The measure is slightly different from one approved by two House committees last year before the Legislature adjourned.
Within 19 months of the effective date of the legislation, the following licenses would be issued, according to a bill summary by MPP:
  • 30 retail, including 15 to social equity applicants.
  • 60 cultivation, including 20 to social equity applicants. Half the cultivation licenses would be set aside for small growers with less than 2,500 square feet of space.
  • 30 product manufacturers, including 10 to social equity applicants and 10 microbusinesses.
  • Five testing labs, including two to social equity applicants.

A 15% tax would be levied on retail sales. Seven percent of the tax revenue would go to a Justice Reinvestment Fund.
State finance officials, according to the Associated Press, say the measure doesn’t adequately address tax enforcement, banking and indemnification of state employees who would be regulating a product still illegal under federal law.
 

Delaware Marijuana Legalization Effort Revived With Two-Track Approach Following House Defeat​



The fight to legalize marijuana in Delaware this year isn’t over yet, with the sponsor of a reform bill that was defeated in the House last month introducing two new, complementary measures to enact the policy change. And importantly, this new legislative push seems to have at least tentative support from the House speaker, who otherwise opposes legalization.

Rep. Ed Osienski’s (D) first attempt to pass a measure to tax and regulate cannabis for adult use this session was a flop, failing on the floor even though it received a majority of votes. It needed a three-fifths supermajority because the bill included economic components, and it came up two votes short of that.

Now the lawmaker is back at it again with a different, two-track approach. He filed a new pair of bills late last month: one would simply legalize possession and sharing of up to one ounce of marijuana for adults 21 and older, and the other would create specific regulations for cannabis commerce that largely resemble the prior, House-defeated bill.

Osienski’s thinking behind the bifurcated approach is strategic. Since the former bill would simply remove criminal penalties around certain marijuana-related activities, it would only require a simple majority to pass. And he already got those votes on the broader, more complex legalization bill.

If the House approves that legislation, HB 371, then that would “put that extra pressure on some colleagues to say, ‘OK, it’s legalized. To do this right, we should create an industry that will provide this now,’” the lawmaker told Delaware Public Radio.

That extra pressure might actually win over House Speaker Pete Schwartzkopf (D), who was the sole Democrat in the House who voted against the earlier legalization bill.

In an interview WHYY published on Wednesday, the speaker said he still intends to vote “no” on the simple legalization proposal, but he may well vote “yes” on the separate regulations legislation if the former bill is enacted first over his objections.

“If you’re going to tell me that marijuana is legal and come back at a later date at some other point in time to me and say, ‘Well, it’s legal—will you tax it?’ My vote’s probably going to be yes,” he said.

“I’m not voting for marijuana. I’m just voting to tax marijuana that everybody else made it legal to do,” Schwartzkopf said, adding that he’s long believed that legalization is an inevitability and while he won’t “help it” advance, he’s “not going to stop it.”

Vermont lawmakers followed a similar approach to what Osienski is now pursuing by first passing a noncommercial legalization bill in 2018 and then following that up with separate legislation to tax and regulate sales in 2020.

In Delaware, the new tax-and-regulate bill, HB 372, is materially the same as the measure defeated in the state House last month so it still requires a supermajority to pass. But the sponsor is taking a gamble that he could reach that threshold if legalization is separately enacted without a regulatory framework.
 

Delaware House passes bill to legalize possession of marijuana in historic vote


The Delaware House passed a bill on Thursday that would remove all penalties for adults 21 and older possessing 1 ounce or less of weed, a historic first step as lawmakers attempt to legalize and regulate recreational marijuana.

This vote comes after years of multiple failed attempts with similar pieces of legislation. The bill passed early Thursday evening with a vote of 26-14, which included bipartisan support from Republican Reps. Michael Smith of Pike Creek and Jeffrey Spiegelman of Clayton.

House Speaker Pete Schwartzkopf and Rep. Bill Bush representing Dover were the only Democrats to vote no. Rep. Stephanie T. Bolden, a Wilmington Democrat, was not present for the vote.

Some Republican lawmakers raised concerns on Thursday about the bill, specifically about how, at the federal level, marijuana is still considered a Schedule 1 drug.

“I think we're putting the cart before the horse,” Rep. Steve Smyk, a Milton Republican, said on the House floor. “I applaud you for your strategy because it's going to win, but I cannot support it.”

Following a failed House vote in March, lawmakers decided to split it into two bills – one legalization and the other regulation – and there are some early signs that this could be a successful approach.

The bill to legalize marijuana required only a simple majority. It now makes its way to the state Senate, where it will likely pass because it has the support of the chamber’s leadership.

Marijuana plants sit in one of the 3 grow rooms which are lit with lights designed to replicate sunlight in a climate controlled space at Compassionate Care Research Institute in Newark.


Possessing 1 ounce or less of marijuana has already been decriminalized in Delaware, meaning there is no criminal penalty. This bill removes any type of civil penalty. But for anyone under 21 or those possessing more than 1 ounce, this will still remain as unclassified misdemeanors.

The path to regulating the industry is more complicated because this legislation requires three-fifths of lawmakers to support it. Because some Democrats still do not support legalization, it's still unclear if this bill will have the votes to pass.

Rep. Ed Osienski, the Newark Democrat who has led these efforts, heard from colleagues in recent weeks that some lawmakers would vote to regulate marijuana if it was first legalized in Delaware.

There is a scenario that some lawmakers would vote for this regulation bill, which has yet to make it to the House floor, while voting no on the legalization bill.

Supporters did see a glimpse of potential victory earlier this month. Bolden and Smith supported the regulation bill when it was before the revenue and finance committee.

In March, Bolden did not vote and Smith voted against a previous version of this bill.

Zoe Patchell, the executive director of Delaware Cannabis Advocacy Network, described the vote as an “absolutely historic day in Delaware.”

She said advocates will continue to educate lawmakers who have yet to support this bill or the regulation bill. She hopes General Assembly members will see the “writing on the wall” that recreational marijuana in Delaware is inevitable.

“It’s a really big, huge day for us in terms of progress,” she said. “We still have a lot further to go.”

“This has been a very long time in the making.”

PAID LEAVE:Statewide paid family leave set to become law in Delaware, as General Assembly passes bill

Even if this legalization bill passes in the Senate, lawmakers still face a significant hurdle: Gov. John Carney.

The governor has, for years, been vocally against legalizing recreational marijuana. Even as states in the region have moved to legalize weed, including New Jersey, Carney has repeatedly described it as a “bad idea.”

It’s unclear if Carney will veto any of the two marijuana bills. A spokeswoman on Thursday said that his position has not changed.
 
"Social equity applicants.....(sic) would also be allotted one-third of the planned 60 cultivation licenses, one-third of manufacturing licenses and two of five licenses for testing laboratories."

In Maryland, table stakes for opening a grow facility is around $10M and easily goes up to $20M. I know this from direct conversation with the CFO of one of my states producers.

These kinds of "set asides" or "carve outs" are utter BS as the only minority applicants (and no matter what they say, that is who these provisions are aimed at) that can financially quality to open a cultivation facility are NOT people oppressed by past drug enforcement and are in fact already wealthy, hooked up, business people....who, like in Maryland and elsewhere...will most likely sell out to a large national corporation after a couple of years of operation.

Thus reconfirming my belief that all politicians are full of shit all the time.

Cheers



Delaware Senate Approves Marijuana Legalization Bill, Sending It To The Governor​



The Delaware Senate on Thursday approved a House-passed bill to legalize marijuana possession, sending it to the governor’s desk.


Meanwhile, a separate, complementary proposal to set up commercial regulations for an adult-use market has also been advancing and is expected to move to the House floor before potentially being transmitted to the Senate.


Rep. Ed Osienski (D) is sponsoring both measures as part of a two-track approach to enacting the reform. He initially tried to pass a bill that included both components, but it failed to get a three-fifths supermajority and was defeated on the House floor in March.


The sponsor then devised a different plan, breaking up the measure so that he would have one bill to simply legalize possession for those 21 and older that only requires a simple majority to pass and another to create regulations for the market that still needs three-fifths of members to be enacted.


So far, things are progressing as planned. The Senate gave final approval to the possession legalization bill in a 13-7 vote, one day after the measure advanced through the Judiciary Committee. And the separate regulations measure is now teed up for House floor consideration after clearing two panels in that chamber.


Ahead of Thursday’s vote on legalization, senators also approved a resolution condemning a traffic stop and drug search that Georgia police conducted on a bus transporting the Delaware State University women’s lacrosse team last month. The measure passed 14-4, with three members not voting.


Meanwhile, when it comes to cannabis, a potential complication still lies ahead for the legislature-passed reform bill: Gov. John Carney (D), one of the rare Democratic governors who remains opposed to legalization.


“Like many Delawareans I’ve been perplexed by the General Assembly’s inability to pass legislation to legalize recreational marijuana,” Sen. Trey Paradee (D), the Senate sponsor of the bill, said on the floor. “But here we are today with an opportunity to pass legislation that is supported by a majority of Delawareans.”


A GOP senator filed an amendment to the legislation that would have delayed the effective date of legalization until technology is developed for police to detect active impairment from THC, but it was rejected in a 6-14 vote.

“Following years of advocacy, Delaware is closer than ever to finally ending the failed policy of prohibition, a move that has widespread support among Delawareans,” Olivia Naugle, a senior policy analyst with the Marijuana Policy Project, told Marijuana Moment. “With neighboring states moving forward with legalization, now is the time to get this legislation over the finish line”

Lead bill sponsor Osienski, for his part, has reasoned that more lawmakers might be inclined to support the regulatory bill and reach the higher vote threshold if the legislature chooses to legalize for non-commercial purposes.

Here’s what Delaware’s HB 371 would do:

The bill would amend state statute by eliminating penalties associated with the possession of up to one ounce of marijuana by adults 21 and older.

It would further add a section stipulating that adults 21 and older could share up to an ounce of cannabis “without remuneration.”

That section clarifies that marijuana could not be “gifted” as part of a contemporaneous “reciprocal transition” or if the gift is contingent on a separate transaction for non-cannabis products or services.

Here are the main provisions of the complementary HB 372:

A marijuana commissioner would be appointed under the state Division of Alcohol and Tobacco Enforcement. The official would be tasked with regulating the industry and overseeing licensing of retailers, cultivators, manufacturers and laboratories.

Licenses would be granted through a scored, competitive process, with advantages given to those who pay workers a living wage, provide health insurance or meet certain other benchmarks.

After 19 months of the bill’s enactment, regulators would need to approve 30 retailer licenses, half of which would go to social equity applicants. Social equity applicants would be defined as entities majority-owned by people with past cannabis convictions or who live in an area disproportionately impacted by the drug war.

Those applicants would also be allotted one-third of the planned 60 cultivation licenses, one-third of manufacturing licenses and two of five licenses for testing laboratories. They would also qualify for reduced application and licensing fees as well as technical assistance from the state.

Retail marijuana sales would be subject to a 15 percent tax. No tax would be levied on medical cannabis sales.

Seven percent of the tax revenue would be used to support a new Justice Reinvestment Fund that would provide grants, services and other initiatives that focus on issues such as jail diversion, workforce development and technical assistance for people in communities that are economically disadvantaged and disproportionately impacted by the drug war. The money would also be used to help facilitate expungements.

Home cultivation for personal use would continue to be prohibited.

The legislation would allow individual municipalities to establish their own regulations for marijuana business operating times and locations, and they would also be allowed to ban cannabis companies altogether from their jurisdictions.

The bill provides explicit legal protections for state employees who work with the state-legal market. And it would also allow marijuana businesses to claim tax deductions at the state level—something they’re prohibited from doing at the federal level under a tax code known as 280E.

The tax-and-regulate bill is materially the same as the measure defeated in the state House in March.

Vermont lawmakers followed a similar approach to what Osienski is now pursuing by first passing a noncommercial legalization bill in 2018 and then following that up with separate legislation to tax and regulate sales in 2020.

Notably, Delaware House Speaker Pete Schwartzkopf (D), who was the sole Democrat in the House who voted against the earlier legalization bill, signaled that he might be inclined to support a bill providing a regulatory infrastructure for marijuana commerce if the chamber votes to legalize possession and sharing. That said, he still voted against HB 371.

An even earlier legalization bill from Osienski cleared committee last year. However, disagreements over social equity provisions stalled that version, keeping it from the floor. At the time, Osienski pledged to bring a revised bill for the 2022 session that could earn broad enough support to pass.

When the sponsor’s earlier bill was being considered last year, he said he was caught off guard when he was informed that the inclusion of a social equity fund meant the bill would require 75 percent of legislators in the chamber to approve it.

The lawmaker tried to address the problem through an amendment, but some members of the Black Caucus opposed the changes, and the measure failed.

Osienski has worked with the Black Caucus in the ensuing months to build support and move toward more passable legislation. And a clear sign of the progress is that Reps. Rae Moore (D) and Nnamdi Chukwuocha (D) signed on as cosponsors to the since-rejected bill after pulling their support for the 2021 version over equity concerns. They’re also listed as cosponsors for the new HB 372.

In 2019, Osienski was the chief sponsor of a legalization bill that cleared a House committee but did not advance through the full chamber. That bill would have allowed medical cannabis dispensaries to begin selling marijuana to adults 21 and older while the rest of the adult-use industry was still preparing to launch, a provision that was removed from later versions.

Four of the state’s six medical marijuana companies came out publicly against that change and testified in opposition to last year’s bill. In response, Delaware activists mounted a boycott against those operators.

Portions of the most recent version of the cannabis regulations bills on expungements were removed this session, as they were made redundant by the enactment of separate legislation last year.

Meanwhile, despite his wariness about adult-use legalization, Carney did previously sign two pieces of marijuana expungement legislation. In 2017 and 2018, a state task force met to discuss issues related to legalization, and the governor hosted a series of roundtable meetings about cannabis.

A legalization bill previously received majority support on the House floor in 2018, but it failed to receive the supermajority needed to pass.

Carney’s predecessor approved a measure to decriminalize simple possession of cannabis in 2015.

An analysis from State Auditor Kathy McGuiness (D) released last year found that Delaware could generate upwards of $43 million annually in revenue from regulating marijuana and imposing a 20 percent excise tax. The legal market could also create more than 1,000 new jobs over five years if the policy is enacted, according to the report.
 
"Carney, a staunch opponent of legalization, has until May 31 to veto or sign the measure that would legalize simple possession, or let it become law without his signature."

Well, that's kind of spitting in the wind as NJ has full rec and is a short drive. MD will have full rec soon. Delaware is either going to legalize with regulated market or people will just go elsewhere.





Bill to create marijuana market in Delaware falls short again in House


The regulatory piece of a two-pronged effort in Delaware to legalize and create a retail market for marijuana failed Thursday in the state House.​

The bill needed a three-fifths majority, or 25 votes, in the 41-member House. The measure almost got there but Elsmere Democratic Rep. Larry Mitchell, a co-sponsor, was absent. That left the bill one vote short with 24.

So the chief sponsor, Democratic Rep. Ed Osienski of Newark, changed his vote to no, a procedural move that left the bill two votes short of passage. Now he can bring it up for a vote again before the General Assembly adjourns on June 30. Bills that fail by one vote cannot be brought up a second time.

The legalization measure is a companion piece to another bill that would create a tax and regulatory structure for vendors to grow and sell weed.

Thursday’s vote to regulate pot and tax sales came as Gov. John Carney weighs what to do with a companion marijuana bill that has passed both the state House and Senate in recent weeks. That measure would legalize recreational weed by removing any penalties for adults over 21 with less than an ounce. Delaware decriminalized simple possession in 2015 but it still carries a civil penalty of $100.

Zoë Patchell, executive director of the Delaware Cannabis Advocacy Network, was crestfallen after Thursday’s unsuccessful vote to create a retail market.
Her members and supporters have been contacting Carney’s office to persuade him to support both prongs of the effort.

“The result of the vote today was quite disappointing,” said Patchell, who fought back tears and then was silent for several seconds.

“It’s so disappointing because you have significant public support for this bill, and because of the three-fifths majority, we keep coming up short.”
Patchell hasn’t given up, though.

“We’re hoping that he’ll bring it back up” for another vote, Patchell said.

Sponsor: Retail sales would strike “a blow against a criminal element’

Carney, a staunch opponent of legalization, has until May 31 to veto or sign the measure that would legalize simple possession, or let it become law without his signature. The governor’s office took possession of the bill Thursday morning, triggering the 10-day clock for him to decide. Sundays do not count in the 10-day clock, according to the Delaware Constitution.

Carney is working remotely from his Wilmington home, quarantining after testing positive for COVID-19 on Monday, and was not available for comment.
“His position has not changed,” spokeswoman Emily David said without elaboration.

Should the legalization measure become law but the regulatory bill fail this year, residents would still be able to have up to 28 grams but would have to get weed in states such as neighboring New Jersey, which just opened its own marijuana stores, or buy it on the illegal market.
That could possibly occur.

The legalization component of the dual hills only required a simple majority, but passed both the House and Senate with more than a three-fifths majority. That’s the threshold required to override a gubernatorial veto, should Carney go that route.

While Carney ponders what action to take on Part 1, the House decided to take up Part 2, which would set regulations for taxing, growing, and selling marijuana in a regulated market.

Up to 30 licenses would be issued to retailers and 15 to growers who could only sell to retailers or up to 15 manufacturing facilities. Those facilities would be authorized to package marijuana for sale to retailers. Individuals could not grow their own marijuana.

That bill required a three-fifths majority just to pass the House and Senate because it would tax sales at 15%.

There was no debate before the vote on the bill, officially titled the Marijuana Control Act.

Osienski simply outlined the bill’s details and said the new industry “will create well-paying jobs for Delaware while striking a blow against a criminal element which profits from the thriving illegal market for marijuana in our state.”

Then came the vote, which went mostly along party lines.

Of the 25 Democrats present, only William Bush of Dover voted no. Even House Speaker Pete Schwartzkopf, a former state police captain who voted no on legalization, voted to regulate the weed market.

No Republicans supported the measure. That left the count at 24 yes votes — one short of the needed 25.

So Schwartzkopf, cognizant of the provision that would allow Osienski to bring the bill up again, asked the sponsor if he wanted to change his vote. Osienski then voted no.

That left the count at 23 yes, 15 no, two absent and one abstention.

Mitchell could not be reached after the vote, but a source told WHYY News he has been ill.
Osienski did not return a reporter’s call.
 

Delaware Gov. Carney vetoes legislation that would legalize recreational marijuana


Recreational marijuana has been made legal in a number of states.



Delaware Gov. John Carney on Tuesday announced that he is vetoing legislation that would have legalized recreational marijuana in the First State -- saying it was not in the best interests of the state.

The Democratic governor, who has previously expressed skepticism about the benefits of legalizing recreational marijuana, vetoed legislation that would have removed all penalties for up to an ounce of marijuana possession by an adult.

Carney said he recognizes the "positive effect" that the drug can have for some with health conditions. He also said that he supports decriminalization "because I agree that individuals should not be imprisoned solely for the possession and private use of a small amount of marijuana — and today, thanks to Delaware’s decriminalization law, they are not."

However, he said that he does not believe that "promoting or expanding" recreational marijuana use "is in the best interests of the state of Delaware, especially our young people.

"Questions about the long-term health and economic impacts of recreational marijuana use, as well as serious law enforcement concerns, remain unresolved," he said.

The veto puts the Democratic governor at odds with his fellow party members in the legislature, who passed the bill and sent it to his desk. Another bill, that would establish a state-run industry in the state failed to clear the House, despite getting a majority in the chamber -- it requires a 3/5ths majority as it would create a new tax.

Rep. Ed Osienski, who sponsored both pieces of legislation, said in a statement he was "deeply disappointed" by Carney's veto, and that he would "review what options are available and decide on any next steps at a later time." He claimed that until a market is established in Delaware "people will continue to obtain marijuana illegally here through the illicit market or send tax revenue across the Delaware Memorial Bridge to New Jersey."

Democratic lawmakers could seek to override the veto, but it is not clear if they will seek to do so. It would also require a 3/5ths majority.


Carney’s vote is out of step with the mood of the Democratic Party nationally, which has embraced the effort to legalize marijuana. Neighboring New Jersey recently began selling recreational marijuana after Democratic Gov. Phil Murphy signed the legislation last year.

Currently, recreational marijuana use is permitted in 18 states and the District of Columbia.
 
On the subject of abject stupidity, and my predilection to highlight such wherever and whenever I can, I bring you the Governor and Legislators of the state of Delaware.....whose citizens won't give a flying crap what these fine examples of political leadership say and will just travel to NJ...and soon, MD.....and maybe PA soon....and soon????


Delaware lawmakers fail to override veto of weed legalization bill


The Delaware House of Representatives failed to override Governor John’s Carney’s veto of a bill to legalize possession of small amounts of cannabis, likely dooming hopes of reform in the state for the foreseeable future.​

The Delaware House of Representatives failed on Tuesday to override a veto of a bill to legalize possession of small amounts of pot, likely dashing hopes for meaningful cannabis reform in the state for the rest of the year. Members of the House voted 20-20 in the bid to override the veto, failing to reach the three-fifths majority required for success.

House Bill 371 from Democratic Representative Ed Osienski would have legalized possession of up to one ounce of weed by adults. Osienski introduced the bill and another measure to establish a regulated cannabis industry in April after a more comprehensive proposal to legalize cannabis possession and commerce failed earlier this year.

Osienski has said that the bill to regulate recreational production and sales, House Bill 372, would create good jobs “while striking a blow against the criminal element which profits from the thriving illegal market for marijuana in our state.” But the measure failed in the House last month despite being favored in the vote 24-14, but failing to reach the 60% supermajority required because the bill includes a 15% tax on cannabis sales.

HB 371 fared better, passing in the House by a vote of 26-14 on May 5. A week later, the Delaware Senate approved the measure by a vote of 13-7, sending the bill to Democratic Governor John Carney for his consideration. But on May 24, Carney vetoed the bill, citing concerns about safety and the economic impact of legalizing recreational cannabis.

“That said, I do not believe that promoting or expanding the use of recreational marijuana is in the best interests of the state of Delaware, especially our young people,” Carney said in his message vetoing HB 371.

“Questions about the long-term health and economic impacts of recreational marijuana use, as well as serious law enforcement concerns, remain unresolved.”

Veto override attempt fails in Delaware​

Lawmakers got the chance to override Carney’s veto with Tuesday’s vote but failed to reach the threshold necessary. Five representatives in the House, three Democrats and two Republicans, who voted in favor of the bill originally changed their votes for the veto override attempt. Democratic House Majority Leader Valerie Longhurst voted for the bill in May but did not cast a vote in the override bid, despite being present in the chamber.

Following Tuesday’s unsuccessful veto override vote, Osienski said on the House floor that he was proud he had “been fighting for something that such a large majority of Delawareans wanted.”

“It’s kind of what I feel they sent me down there to do, and I am appreciative of all the work I’ve done with my colleagues,” he said.
“But most of all,” he added, his voice breaking.

“I feel good that I was working for Delaware.”

Cannabis activists, about 100 of whom rallied at the state capitol in Dover to encourage lawmakers to override Carney’s veto, were disappointed by the outcome of Tuesday’s vote.

Efforts to legalize cannabis in Delaware are “over, in my opinion,” said Brian Warnock, who waited after the rally to witness the outcome of the vote.
“It’s especially disappointing because [Carney’s] a Democrat. This was a Democratic bill.”

“The only thing that’s going to happen,” he added, “is everybody’s going to get on the ferry and go over to New Jersey. It’s not going to stop anybody from getting pot. It’s just going to cost us millions of dollars.”

Longtime cannabis activist Mason Tvert, a partner at cannabis policy firm VS Strategies, said that the defeat of HB 371 maintains the failed status quo of cannabis prohibition.

“It’s stunning to see such a sensible, broadly supported policy proposal derailed by a governor’s veto and a handful of lawmakers’ unwillingness to stand up to him,” Tvert wrote in an email to High Times.

“This will not prevent adults in Delaware from accessing cannabis; it just ensures that cannabis will be purchased in other states or in the illegal market. It is a shame that adults in Delaware will continue to be treated like criminals simply for consuming a product that is objectively less harmful than alcohol.”

Osienski said that Carney’s opposition to legalization comes despite data that show 61% of the state’s voters are in favor of reform.

“The governor has made it clear he wishes us to wait until 2025, but the majority of Delawareans don’t agree,” he said.
 
"the ATF requirement effectively creates an incentive for cannabis consumers to either lie on the form, buy a gun on the illicit market or simply forgo a constitutional right."

This.....the absolutely most important document in American history is the Constitution and in particular the Bill of Rights which is absolutely unique in all of mankind's history in that it conveys specific inalienable rights to the citizens of this great country. IMO, these rights...any of them...are not to be trifled with by a bureaucracy such as the ATF and the DEA....neither of which were elected by the citizens.


"There have been previous efforts in Congress to specifically protect medical cannabis patients against losing their right to purchase and possess guns, but those efforts have not been enacted."

And, IMO, that's because they are more interested in sound bites to get reelected than to do the job they are paid for which is to reflect the will of their constituents.

Delaware’s Democratic Governor Vetoes Bipartisan Bill To Protect Medical Marijuana Patients’ Gun Rights


Delaware’s Democratic governor has vetoed a bill meant to clarify that medical marijuana patients are not prohibited from buying, possessing or transferring firearms under state law.


Gov. John Carney (D), one of the only Democratic governors who remains vocally opposed to adult-use cannabis legalization, vetoed the legislation, HB 276, on Thursday. The bill from Rep. Andria Bennett (D) cleared the legislature with nearly unanimous, bipartisan support in June.


Carney, who also vetoed a marijuana legalization measure in May, said in a veto statement that he felt that the medical cannabis gun rights reform was redundant because he says there’s nothing in state statute that renders a patient to be a “person prohibited” from accessing firearms.


“HB 276, while intended to provide clarity, does not add new meaningful protections or rights for Delawareans,” he wrote. “Additionally, if signed into law, HB 276 risks creating confusion about the rights of medical marijuana patients—under federal law—to purchase firearms here in Delaware.”


“Under current federal law, the use of marijuana, even for medical purposes, remains illegal. Federal law and background check processes currently restrict the ability of a user of marijuana, even for medical purposes, from purchasing a firearm. HB 276 would not ease the existing tension between state public health policy and federal drug enforcement policy, nor would it eliminate the complexities and risks that confront Delawareans who are or may become gun owners and medical marijuana users.”


“At best, HB 276 maintains the status quo,” the statement concludes. “At worst, it risks misleading those who may be impacted and increasing public confusion.”


Lawmakers were unable to get enough votes to overturn the governor’s decision on the adult-use legalization bill this year.


Carney rejected that measure despite the growing public support for the reform, particularly among voters in his own party. A poll released last week found that 60 percent of registered Delaware voters said that marijuana use “should be legal.”


Rep. Jeff Spiegelman (R) a cosponsor of the Second Amendment legislation, said the governor’s citing federal law as a reason to block the bill doesn’t hold up, as the state’s medical cannabis program itself contradicts federal policy.


“The governor has chosen to continue a medical program—which I support—that’s illegal at the federal level but not chosen to allow people to keep their rights while practicing that program,” he told Delaware Public Media.


Carney’s veto of the gun rights bill, first reported by Bearing Arms, stands in stark contrast to actions taken by Florida Agriculture Commissioner Nikki Fried (D), who is actively suing the Justice Department over the federal ban on firearms for medical cannabis patients.


Fried said earlier this month that an initial oral hearing on the lawsuit in federal court went well, with her legal team doing a “compelling job” of laying out their arguments against the ban.


For the time being, the current federal policy persists, making it so people are denied gun purchases if they’re honest about their cannabis use while filling out a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) background check form—regardless of state law.


Supporters of Fried’s lawsuit argue that the ATF requirement effectively creates an incentive for cannabis consumers to either lie on the form, buy a gun on the illicit market or simply forgo a constitutional right.


In 2020, ATF issued an advisory specifically targeting Michigan that requires gun sellers to conduct federal background checks on all unlicensed gun buyers because it said the state’s cannabis laws had enabled “habitual marijuana users” and other disqualified individuals to obtain firearms illegally.


There have been previous efforts in Congress to specifically protect medical cannabis patients against losing their right to purchase and possess guns, but those efforts have not been enacted.
 

Delaware Lawmakers File Marijuana Legalization Bills, With Hearings Already Set For Next Week


Delaware lawmakers are taking another shot at legalizing marijuana in the state, filing a pair of complementary bills on Friday that would end prohibition and set up a basic regulatory framework for the market. And committee hearings on the proposals are already set for next week.

Rep. Ed Osienski (D) is sponsoring the legislation, HB 1 and HB 2. He took a similar, bifurcated approach last session and saw the legislature pass the simple legalization proposal while narrowly defeating the regulatory measure. Gov. John Carney (D) vetoed the former legislation, and the House didn’t have to votes for an override.

Advocates are hopeful that they’ll see a different result this year—and the sponsor says he’s going to push to achieve that.

Things are already moving according to plan, with the House Health & Human Development Committee scheduled to meet on Tuesday to discuss the basic legalization bill and the House Revenue & Finance Committee taking up the regulatory measure on Wednesday.

Both bills were introduced with about 30 combined House and Senate co-sponsors.

“Delaware has been missing an opportunity to participate in the adult recreational marijuana market,” Osienski said in a press release. We’ve missed out on hurting the illegal market, creating a new industry with good-paying jobs, and bringing tax revenue into our state that is currently going to nearby states like New Jersey.”

“We have spent the past several years educating members about the merits of this program and dispelling the misconceptions that have persisted,” he said. “I’m optimistic that we have the support to make this effort a reality.”

Here’s what the HB 1 legalization bill would accomplish:

State statute would be revised to legalize the possession, use, sharing and purchasing of up to one ounce of cannabis for adults 21 and older.

To avoid abuses of the “gifting” provision, the bill stipulates that “adult sharing” would not include giving away cannabis “contemporaneously with another reciprocal transaction between the same parties” such as an exchange of a non-marijuana item.

Public consumption and growing cannabis would remain prohibited.

People under 21 who engage in such activity would be subject to a civil penalty of up to $100 for a first offense. Police could use discretion and issue a citation in lieu of that fine, however.

Here’s an overview of the key provisions of the HB 2 regulatory bill:

The legislation would provide a basic framework to create a regulated system of cannabis commerce for adults in the state.

The Division of Alcohol and Tobacco Enforcement (DATE) would be responsible for regulating the market through a new Office of Marijuana Control Commissioner.

For the first 16 months of implementation, regulators could approve up to 30 cannabis retail licenses.

Applicants who show that they’d provide a living wage, health insurance coverage, sick and paid leave and focus on diversity in hiring would be prioritized in the licensing scoring process.

Seven percent of marijuana business fee revenue would go to a “Justice Reinvestment Fund” that supports restorative justice, workforce development, technical assistance for economically disadvantaged people and more.

That fund would also go toward “creating or developing technology to assist with the restoration of civil rights and expungement of criminal records.” However, the legislation itself doesn’t provide for automatic expungements.

In additional to conventional retail, cultivator, manufacturer and laboratory licenses, the bill would additional provide for social equity and microbusiness licenses (reserved for applicants with majority ownership by Delaware residents).

Localities would be able to prohibit marijuana businesses from operating in their area through ordinance.

Adult-use marijuana sales would be subject to a 15 percent sales tax. Medical cannabis products would not be taxed.
 

Delaware House Approves Marijuana Sales Bill Days After Passing Complementary Legalization Measure


The Delaware House of Representatives has approved a bill to create regulations for adult-use marijuana sales, sending it to the Senate just days after passing a complementary possession legalization measure.

The chamber cleared the regulatory legislation from Rep. Ed Osienski (D)—which advanced through two committees before reaching the floor—in a 27-13 vote.

“It has been a long journey to get to this point,” the sponsor said on the floor on Thursday. “We have experienced setbacks along the way—none worse than losing business to New Jersey—and we have learned a great deal and produced what we believe is a strong bill that will make Delaware an industry leader in this field.”

“In the past five years, we have listened to concerns from communities that have, for decades, been negatively impacted by the prohibition of marijuana to try to undo some of the harm done and ensure that these same communities will benefit from the new legal market,” he added.

Osienski is sponsoring both the simple legalization bill, HB 1, and this sales measure, HB 2.

The Senate Health & Social Services Committee is scheduled to take up the two proposals on Wednesday, according to Sen. Sarah McBride (D), who chairs the panel.



The House sponsor took a similar, bifurcated approach for the reform last session and saw the legislature pass the basic legalization proposal while narrowly defeating the regulatory measure. Gov. John Carney (D) vetoed the former legislation, and the House didn’t have to votes for an override.

Osienski told 47 ABC News that if the governor seeks to veto the legislation again this time, he’s “optimistic” and feels “pretty good” that they have the votes for an override.

“I think my colleagues are saying, ‘OK, you know, you had one shot at vetoing this, you did and you were successful, but don’t count on us supporting that veto again,'” he said.

The simple legalization bill cleared the House this week with more than enough votes to override a potential veto.

House Speaker Peter Schwartzkopf (D) was among the minority who voted against that modest reform, both last session and this session. But while he opposes legalization, he kept his promise to back the sales measure if legalization ultimately passed because he wants there to be regulations if cannabis prohibition is repealed.

Here’s what the HB 1 legalization bill would accomplish:

State statute would be revised to legalize the possession, use, sharing and purchasing of up to one ounce of cannabis for adults 21 and older.

To avoid abuses of the “gifting” provision, the bill stipulates that “adult sharing” would not include giving away cannabis “contemporaneously with another reciprocal transaction between the same parties” such as an exchange of a non-marijuana item.

Public consumption and growing cannabis would remain prohibited.

People under 21 who engage in such activity would be subject to a civil penalty of up to $100 for a first offense. Police could use discretion and issue a citation in lieu of that fine, however.

Here’s an overview of the key provisions of the HB 2 regulatory bill:

The legislation would provide a basic framework to create a regulated system of cannabis commerce for adults in the state.

The Division of Alcohol and Tobacco Enforcement (DATE) would be responsible for regulating the market through a new Office of Marijuana Control Commissioner.

For the first 16 months of implementation, regulators could approve up to 30 cannabis retail licenses.

Applicants who show that they’d provide a living wage, health insurance coverage, sick and paid leave and focus on diversity in hiring would be prioritized in the licensing scoring process.

Seven percent of marijuana business fee revenue would go to a “Justice Reinvestment Fund” that supports restorative justice, workforce development, technical assistance for economically disadvantaged people and more.

That fund would also go toward “creating or developing technology to assist with the restoration of civil rights and expungement of criminal records.” However, the legislation itself doesn’t provide for automatic expungements.

In additional to conventional retail, cultivator, manufacturer and laboratory licenses, the bill would additional provide for social equity and microbusiness licenses (reserved for applicants with majority ownership by Delaware residents).

Localities would be able to prohibit marijuana businesses from operating in their area through ordinance.

Adult-use marijuana sales would be subject to a 15 percent sales tax. Medical cannabis products would not be taxed.

“With each passing year, it becomes clearer that Delawareans are strongly in favor of establishing a safe, legal market for adult recreational marijuana,” Osienski said. “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.”

Ahead of the floor vote on HB 2 on Thursday, members adopted a technical amendment that Osienski filed that had been “requested by the Office of the Governor,” according to a synopsis. It’s unclear whether the governor’s input can be interpreted to mean he sees a scenario where he might end up supporting the bill, or at least not veto it, or if it’s more a case of trying to tighten up the specifics of legislation even if he continues to vehemently oppose it.

Members also adopted a separate amendment from the sponsor to add language stipulating that employers wouldn’t be required to revise workplace cannabis policies upon legalization and that the state Division of Revenue would be given the authority to set rules concerning the manner and form of tax payments for marijuana.

The amendment also shifts administrative responsibility for the Justice Reinvestment Fund from the state Department of Justice to the Criminal Justice Council. It further requires the governor-appointed marijuana commissioner to submit quarterly reports to the legislature on implementation progress.

Advocates are increasingly optimistic about the legislation’s prospects given that last year’s election added more progressive lawmakers to the legislature. Regional developments, with surrounding states enacting legalization, are also putting pressure on Delaware lawmakers.

Because the regulatory bill includes tax components, it requires a three-fifths majority of lawmakers to approve it. The basic legalization measure only needs a simple majority.

Osienski made the calculated decision to break up the measures in the previous session after an earlier proposal that included both components was rejected in the House because it failed to reach the three-fifths vote requirement.

Separately, in October, Carney vetoed a more narrowly tailored bill that would have clarified that medical marijuana patients are not prohibited from buying, possessing or transferring firearms under state law

A strong majority of Delaware voters support legalizing marijuana—including nearly three in four Democrats who back the reform that the state’s Democratic governor vetoed last year, according to a poll released that month.
 

Delaware Cannabis Bills Head to Governor’s Desk


Two cannabis bills which would legalize and regulate an adult-use industry are now on Delaware Gov. John Carney’s desk.

As of April 14, two cannabis bills have officially been sent to the desk of Delaware Gov. John Carney. House Bill 1 legalizes small amounts of cannabis for personal use, and House Bill 2 establishes regulations for cultivation and sales. Both combined make up the Delaware Marijuana Control Act.

According to the Delaware State Constitution, the governor has 10 days to make a decision about the bills (which does not include Sundays), or sometime between April 22 for HB-1 and April 26 for HB-2. Carney may either sign the bills, veto them, or make no decision and allow them to become law without his signature.

According to bill sponsor Rep. Ed Osienski, the arrival of HB-1 and HB-2 on Carney’s desk is the result of a lot of work by legislators and advocates. “We have been on a long, multi-year journey with the Marijuana Control Act. We have had countless hearings, debates, stakeholder engagement and deliberations. We have incorporated numerous suggestions and changes from interested parties—including the governor’s office—throughout this process to arrive at what I believe is the best possible plan for legalizing and regulating adult recreational marijuana,” said Osienski. “I am hopeful that the governor will take all of this into account as he considers these bills and that he will acknowledge the desires of an overwhelming majority of Delaware residents.”

Carney’s response to these bills isn’t certain. Most recently, Carney attended a press event for a campaign called “Making Delaware’s Roadways Safer” on March 29. While there, Delaware reporter Tim Furlong asked Carney what he might do with the cannabis legislation bills at the end of March.“No, I’d rather focus on this issue,” Carney said at an event. “Obviously I’m concerned mostly about intended consequences of legalization, including highway safety.”

Carney initially vetoed a bill to legalize cannabis possession in May 2022, stating that he supports medical cannabis and decriminalization, but not recreational cannabis. “That said, I do not believe that promoting or expanding the use of recreational marijuana is in the best interests of the state of Delaware, especially our young people,” Carney said last year. “Questions about the long-term health and economic impacts of recreational marijuana use, as well as serious law enforcement concerns, remain unresolved.”

Following the veto, legislators attempted to have the veto overridden in June 2022, but the effort failed. However, legislators reintroduced recreational cannabis into the legislature in January 2023. The House approved the bill on March 7, followed by the Senate on March 28.

In early March, Osienski shared his hopes that continually revisiting cannabis will eventually lead to a signature from the governor instead of a veto. “My hope is that with continued open dialogue with the governor’s office, that will help alleviate a veto,” Osienski said. “I have more support from my members … for a veto override, but I’m hoping it doesn’t come to that.”

Delaware shares a border with New Jersey and Maryland, which have both passed adult-use cannabis. According to a statement provided to High Times by Brian Vicente of Vicente LLP, Delaware is next up to approve legalization and help bolster cannabis on the east coast. “The impending passage of legalization in Delaware is a historic and important step towards establishing the Atlantic Seaboard as ground for legal adult cannabis regulation,” Vicente said. “For many years, legalization was considered a West Coast phenomenon, but the East Coast is now following suit. While we are still a ways away from having cannabis legal from Florida to Maine, Delaware further cements the East Coast as an area turning its back on marijuana prohibition.”
 
Carney's a coward.


No veto: Recreational marijuana will become legal in Delaware Sunday without Gov. Carney’s signature

The governor said in a statement that the debate has gone on for far too long, and though he still opposes legalization, he won’t stop it anymore.​


Starting with the stroke of midnight Saturday, Delawareans over the age of 21 can light up a joint, bong, or bowl of marijuana in private, or eat a weed gummy, without any threat of penalty.

That’s because Gov. John Carney said in a written statement at 3:45 p.m. Friday that he would not veto a bill to legalize the possession, use, or transportation of up to an ounce of weed. The governor, a staunch opponent of legalization, also said Friday he won’t veto the bill that created a regulated marijuana retail market.
That means, on Sunday, if you get pulled over for speeding or any other traffic violation, you could have an ounce, clearly visible in a bag, sitting on the passenger seat, and police can’t do a thing. No different from having an unopened six-pack of beer in the car.

Carney won’t sign the bills into law, or use his veto pen as he did last year with the legalization-only measure. Instead, he will let them become law without his signature. His deadline for signing or vetoing was Saturday at midnight for the legalization-only bill, and Wednesday night for the regulatory bill.

None of up to 30 retail licenses where people can buy marijuana will be issued until at least August 2024, while regulations are being adopted and applicants are reviewed. A 15% tax will be levied on retail sales.

“As I’ve consistently said, I believe the legalization of recreational marijuana is not a step forward,’’ Carney’s statement said. “I support both medical marijuana and Delaware’s decriminalization law because no one should go to jail for possessing a personal-use quantity of marijuana. And today, they do not.”

“I want to be clear that my views on this issue have not changed. And I understand there are those who share my views who will be disappointed in my decision not to veto this legislation. I came to this decision because I believe we’ve spent far too much time focused on this issue, when Delawareans face more serious and pressing concerns every day. It’s time to move on.”

The lame-duck governor, who has been a strident opponent during his six-plus years in office, vetoed the bill last year when it arrived on his desk. Lawmakers failed to override the governor, and many disheartened advocates thought it was dead, but last month both the legalization and regulatory bills passed with what many lawmakers and supporters think is a veto-proof majority.

The chief sponsor, Rep. Ed Osienski, said Friday he was relieved that Delaware will now become the 22nd state, including neighbors New Jersey and Maryland, to legalize marijuana. Pennsylvania has not approved legalization.

“After five years of countless meetings, debates, negotiations, and conversations, I’m grateful we have reached the point where Delaware has joined a growing number of states that have legalized and regulated adult recreational marijuana for personal use,’’ Osienski said in a news release. “We know that more than 60% of Delawareans support the legalization of marijuana for adult recreational use, and more than two-thirds of the General Assembly agreed.

Osienski said he understands fellow Democrat Carney’s “personal opposition to legalization, so I especially appreciate him listening to the thousands of residents who support this effort and allowing it to become law. I am committed to working with the administration to ensure that the effort to establish the regulatory process goes as smoothly as possible.”

Uncertainty has reigned for weeks about the fate of the bills, and Carney had reiterated his opposition Tuesday night during a town hall in New Castle about the fiscal 2024 budget when one woman asked when Delaware would join neighbors New Jersey and Maryland and become the 22nd state to legalize weed.
Acknowledging that many in the audience support legalization, Carney nevertheless doubled down.

“You know, I’m sure, that I don’t support and that the last time I vetoed it because I just don’t think it’s good mostly, for young people, and I don’t think it’s good for our competitiveness.”

But with the clock ticking toward Saturday at midnight, Carney wouldn’t tip his hand and added that he appreciated the view of legalization advocates, “I believe that I am right, but I’m not suggesting that I have the only opinion on it,’’ he said.

His statement Friday also reiterated his concerns ”about the consequences of a recreational marijuana industry in our state. I’m concerned especially about the potential effects on Delaware’s children, on the safety of our roadways, and on our poorest neighborhoods, where I believe a legal marijuana industry will have a disproportionately negative impact. Those concerns are why I could not put my signature’’ on either bill.
 

Recreational Weed now legal in Delaware


Gov John Carney of Delaware announced last week that he would allow two bills to legalize and regulate adult-use cannabis to become law without his signature, making the state the 22nd to legalize recreational marijuana.​

Recreational marijuana became legal in Delaware on Sunday as Democratic Governor John Carney allowed two bills to legalize adult-use cannabis to become law without his signature. The measures, House Bill 1 and House Bill 2, legalize the possession of marijuana for adults and establish a legal framework for regulated recreational cannabis production and sales. Carney, who vetoed similar legislation last year, announced late last week that he would let the bills become law, although he added that he still has reservations about the measure.

“These two pieces of legislation remove all state-level civil and criminal penalties from simple marijuana possession and create a highly regulated industry to conduct recreational marijuana sales in Delaware,” Carney said in a statement on Friday afternoon. “As I’ve consistently said, I believe the legalization of recreational marijuana is not a step forward. I support both medical marijuana and Delaware’s decriminalization law because no one should go to jail for possessing a personal use quantity of marijuana. And today, they do not.”

The bills were passed by bipartisan, veto-proof majorities in both chambers of the Delaware legislature last month. House Bill 1 (HB 1) removes all penalties for possession of a personal use quantity of marijuana for adults 21 years of age and older. House Bill 2 (HB 2) creates a regulatory framework to govern the cultivation and sale and possession of marijuana, including provisions that provide opportunities for small businesses to be licensed and ensure that people living in areas disproportionately affected by decades of marijuana have access to the new legal market for recreational cannabis.

HB 1 became effective on Sunday, making Delaware the 22nd state in the nation to legalize cannabis for adults. HB 2 will become effective on Thursday, according to the governor’s announcement last week.

“After five years of countless meetings, debates, negotiations and conversations, I’m grateful we have reached the point where Delaware has joined a growing number of states that have legalized and regulated adult recreational marijuana for personal use,” Representative Ed Osienski, the sponsor of both bills, said in a statement after Carney announced he would let the bills become law. “We know that more than 60% of Delawareans support the legalization of marijuana for adult recreational use, and more than two-thirds of the General Assembly agreed.”

Carney’s veto of cannabis legalization bills last year marked the first time a Democratic governor had taken such a move. And while he is acquiescing to the inevitable by letting the bills become law this year, he noted that he is still opposed to the idea.

“I want to be clear that my views on this issue have not changed. And I understand there are those who share my views who will be disappointed in my decision not to veto this legislation,” said Carney. “I came to this decision because I believe we’ve spent far too much time focused on this issue, when Delawareans face more serious and pressing concerns every day. It’s time to move on.”

The governor added that despite his personal opposition, he was allowing the cannabis legalization bills to become law out of respect for the legislative process. Osienki praised Carney for the position he is taking this year and vowed to assist with a smooth transition to legal cannabis in Delaware.

“I understand the governor’s personal opposition to legalization, so I especially appreciate him listening to the thousands of residents who support this effort and allowing it to become law,” he added. “I am committed to working with the administration to ensure that the effort to establish the regulatory process goes as smoothly as possible.”

Brian Vicente, founding partner of the cannabis and psychedelics law firm Vicente LLP, said that the legislation marks another milestone in the movement to reform cannabis policy in the United States, adding that he expects further progress in 2023.

“Each state that legalizes cannabis is a significant step forward on our country’s path to marijuana reform, and Delaware’s recent action to legalize is no exception. This bill breezed through both the state senate and house with a veto-proof majority, showing that Delaware’s elected representatives, much like its citizens, widely support cannabis reform,” Vicente wrote in an email to High Times. “Delaware will send two U.S. Senators and a U.S. Representative to Washington DC to represent their state’s interests, which now include protecting a regulated system for adult-use cannabis. Delaware is the 22nd state to legalize, and will likely soon be joined by Minnesota, which is actively debating legalization in its state legislature. Each state’s legalization gets our country closer to a tipping point, when the federal government will be forced to align its cannabis policy with the states.”
 
Delaware House Votes To Expand Medical Marijuana Access By Letting Patients 65+ Self-Certify Without Doctors


The Delaware House of Representatives has approved a bill to significantly expand the state’s medical marijuana program ahead of the launch of adult-use sales that may take another year to implement.
About two weeks after the legislation from Rep. Ed Osienski (D) cleared committee, the full chamber passed it in a 26-10 vote on Thursday, sending the measure to the Senate for consideration.
The bill would make a series of changes to Delaware’s medical cannabis program, including removing limitations for patient eligibility based on a specific set of qualifying health conditions. Instead, doctors could issue marijuana recommendations for any condition they see fit.
The legislation would also allow patients over the age of 65 to self-certify for medical cannabis access without the need for a doctor’s recommendation.
Osienski, who also sponsored a pair of complementary adult-use legalization and regulation bills that Gov. Jay Carney (D) allowed to become law without his signature last year, said in a press release on Thursday that the newly House-passed legislation is the product of engagement and feedback from the cannabis patient population.
“Drawing from their insights, we identified numerous ways to improve our medical marijuana program,” he said. “HB 285 recognizes the need to remove outdated restrictions and breaks down the barriers that hinder patients who could truly benefit from improved access to medical marijuana.”
Here are the key provisions of HB 285
1706286324960.png
:

  • The list of qualifying conditions for medical marijuana would be removed, allowing doctors to recommend cannabis for any condition that they believe patients could benefit from.
  • Patients 65 or older could self-certify their need for medical cannabis—without any need for a recommendation from a healthcare provider.
  • It would authorize regulators to issue medical cannabis cards with 2- or 3-year terms, instead of just the current one-year term.
  • Patients diagnosed with a terminal illness, meanwhile, could qualify for a card with an “indefinite” expiration date.
  • The measure would provide patients with medical marijuana cards from other jurisdictions with the same privileges as registered in-state patients.
“With the full legalization of adult-use recreational cannabis last year, Rep. Osienski, Sen. Trey Paradee and I agree that it is time to update our medical marijuana law and make it easier for the people who rely on these products to get the therapy that they need,” Sen. Kyra Hoffner (D), who is sponsoring the Senate companion version, said.
“These changes will empower patients and their healthcare providers to make decisions about the treatments that best fit their needs and make those treatments more readily accessible for our neighbors with the greatest need,” she said. “I look forward to working with my Senate colleagues to send this legislation to the Governor’s desk.”
Meanwhile, licenses for recreational marijuana businesses are not set to go out until September, meaning it could take until 2025 before storefronts open.
Last year, after the passage of his two legalization measures, Osienski gave advice to lawmakers in other states who are pushing for marijuana reform.
“The key was just to keep plugging away at it and see what the other states have done and see what works best for your state,” he said last May.
He also advised legislators to sit down with “affected state agencies” like the Departments of Health, Finance and Agriculture.
“We had to sit down through meeting after meeting to try to work out a lot of the issues,” he said.
 
Delaware Officials Release First Draft Rules For Adult-Use Marijuana Market As States Prepares For Legalization


Delaware officials have released draft regulations for the state’s adult-use marijuana market that’s expected to launch next year, and they’re now seeking public input on the proposed rules.
The Office of the Marijuana Commissioner (OMC) published the draft regulations on Thursday, laying out a basic framework for various cannabis business license types and requirements for the application process.
The office said it will be releasing draft regulations on a weekly basis as it prepares for the implementation of the legalization under a pair of marijuana bills that Gov. Jay Carney (D) allowed to become law without his signature last year.
Cannabis sales hit record high in Michigan

“It is important to note that these preliminary, draft regulations are dependent on proposed legislative changes currently under consideration by members of the General Assembly, and the regulations may have to be adjusted based on legislative action,” OMC said. “The draft regulations presented in this informal process are a preview of the direction that the OMC is taking in the development of the formal regulations.”


The informal public comment period for this first batch of draft rules is open
1708354846503.png
until March 29. Regulators said that after they release the rest of the regulations, they will be collectively open to a formal public comment period before being finalized, which they aim to do from May 1-31.


“The sections of draft regulations
1708354846538.png
released today include those applicable to the licensing of adult-use recreational marijuana businesses, the application process, the issuance of licenses, and the processes regarding the renewal and transfer of licenses,” the office said.



Delaware Marijuana Commissioner Robert Coupe previewed plans to publish the first proposed rules during a hearing before the legislature’s Joint Finance Committee last week.


He also disclosed that retail marijuana sales in the state may not start until March 2025, four months later than initially planned. But officials are also considering the possibility of allowing existing medical cannabis dispensaries to start serving adult consumers sooner.


Coupe said that the current plan is to finalize rules for the adult-use cannabis program by July 11, start accepting license applications in September and begin approving different license types on a staggered schedule in October. Cultivation licenses could be approved beginning in November, followed by manufacturer licenses in December and retailer and testing licenses in March 2025.


Meanwhile, the Delaware House of Representatives also approved a bill last month to significantly expand the state’s medical marijuana program.



The bill from Rep. Ed Osienski (D) would make a series of changes to the state program, including removing limitations for patient eligibility based on a specific set of qualifying health conditions. Instead, doctors could issue marijuana recommendations for any condition they see fit.


It would also allow patients over the age of 65 to self-certify for medical cannabis access without the need for a doctor’s recommendation.
 

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