Delaware had been a state to look for in 2022 for most likely legalizing recreational cannabis. “In the past two years, we have listened to the concerns from communities that have for decades been negatively impacted by the prohibition of marijuana, to try to undo some of the harm done,” explained Representative Ed Osienski, D, HB 305’s sponsor before the House vote.
However, this doesn’t seem to be the case anymore. The Delaware House of Representatives failed to achieve a supermajority vote for HB 305, the recreational cannabis legalization bill.
The House needed a ⅗ supermajority to pass the bill. The final vote was 23-14 in favor. Just two votes shy of passing. HB 305 failed to make it out of the Delaware House. The bill is now dead and lawmakers will have to wait until 2023 to once again discuss recreational cannabis legalization.
HB 305 Details
Under HB 305, adults 21 and over could purchase and possess up to one ounce of recreational cannabis. The legalization program would fall under the Division of Alcohol and Tobacco Enforcement’s new Cannabis Commissioner position. Social equity would also be a large part of the program as that is what stalled last year’s HB 150, also regarding recreational cannabis legalization.
“I still firmly believe that Delaware is more than capable of successfully enacting policies for safe and legal cannabis,” said Representative Osienski following the House’s vote. “And I will continue working on this issue to win the support to make it a reality,” he said. “Throughout my time in the House, I’ve seen advocates sway opponents to various bills, and I believe legal recreational marijuana for adult users is no different.”
Activists agree with Representative Osienski. “We’re disappointed HB 305 was not approved by the House today,” said Olivia Naugle. She is a senior policy analyst with the Marijuana Policy Project (MPP). “Although far more representatives voted in favor than against the bill, it fell just two votes short of the needed supermajority. We will continue to fight to bring equitable legalization to Delaware.”
Next Steps
Even though HB 305 is dead for the 2022 regular session, lawmakers, including Representative Osienski, will continue discussions regarding recreational cannabis. Last year, House Representatives did the same thing over social equity. Members of the Delaware Black Caucus came to an agreement with Representative Osienski into HB 305.
Now the representative plans to work with the 14 lawmakers who voted against HB 305 and the four who didn’t vote, to see where their concerns are and how to help ease their concerns regarding recreational cannabis legalization. The 2022 session in Delaware comes to an end on June 30. As more information becomes available, we will update you with the latest.
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