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Delaware Committee Already Approved Cannabis Legalization

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Delaware Committee Already Approved Cannabis Legalization

The Delaware House Health and Human Development Committee approved HB 150 with a 10-5 vote. This moves HB 150 on to the House Appropriations Committee before a full House chamber meeting. Previous legalization bills have made it this far but have also failed to pass a full chamber vote. Many are hoping HB 15 will make it all the way to Governor Lamont’s desk. This would allow Delaware to keep cannabis sales within the state instead of having citizens go over to New Jersey for their cannabis needs and fuel that state’s economy. 

HB 150

Under HB 150, citizens over 21 can purchase and possess up to one ounce of recreational cannabis at a time. There would be a 15 percent sales tax, dubbed the Marijuana Control Enforcement Fee. Revenue from sales would first go to covering administration costs. After that, it is up to both chambers to decide where the revenue goes. 

A few proposed changes have been made to HB 150. The biggest difference is that now medical cannabis sellers would be allowed to sell recreational cannabis as well. This previously wasn’t allowed in an earlier version of the bill. Additionally, previous convictions could be expunged. 

30 retail businesses would be approved for licenses in the first 16 months after HB 150 is approved into law. 30 manufacturers and 60 growers would also be approved in that first 16 months. Of those approved, a portion of them will go to disadvantaged people or those who have been disproportionately affected by the failed War on drugs.

Opposition

Many who are opposed to HB 150 don’t necessarily seem to be opposed to the bill itself, but legalization overall. One Representative, Rich Collins (R), claimed incorrectly that “these plants are worth—just one plant, thousands of dollars. The amount of corruption that will come about is beyond our imagining.”

Representative Collins then went on to complain about the length of the bill. HB 150 currently sits at 50 pages, which is relatively short compared to other states’ bills, like New Mexico, which reached over 200 pages. “In Delaware, we have a tradition: Most of our bills are relatively short and easy to understand,” Representative Collins said. “This is anything but.”

Other concerns included an increase in impaired driving, an increase in minors using cannabis, and how cannabis is still a Schedule 1 drug on the federal level. HB 150 does penalize impaired drivers and allows employers to punish workers for being intoxicated while working. They are also allowed to test for cannabis. 

Outlook

HB 150 will not be heard until after the chambers’ Easter break, so some time at the end of April to the beginning of May. Until then, it will remain as is.

A previous bill, HB 110, which proposed almost the same bill as HB 150, saw introduction in 2019, but it failed to pass the House and move on to the Senate. Lawmakers are hoping HB 150 will advance further than this. A majority of Delaware citizens want legalization and lawmakers are beginning to notice. 


As more news develops around HB 150, we will be sure to update you with the latest. Make sure to check back for more cannabis and hemp related news.