Delaware lawmakers in the House Health and Human Development committee voted 10-4 in favor of HB 305. Called the “Marijuana Control Act,” HB 305 looks to legalize recreational cannabis for adults 21 and over as well as regulate a cannabis sales program across the state.
“The House Human Development committee’s approval of HB 305 today is the first step towards bringing equitable legalization to the state this year,” senior policy analyst for Marijuana Policy Project (MPP) Olivia Naugle said. “Delaware has the opportunity to join 18 other states and DC that have legalized cannabis for adults—including their neighbor, New Jersey. It is past time for the legislature to listen to their constituents and meet the moment.”
Following the approval from the House Health and Human Development committee, HB 305 moves on to the House Appropriations. There, it will once again receive debate and, if passed, will move towards a full House chamber vote.
HB 305 Details
Under HB 305, adults over 21 in Delaware can purchase and possess up to one ounce of cannabis. However, they can’t grow their own cannabis in a home growth option.
Additionally, a marijuana commissioner under the state’s Division of Alcohol and Tobacco Enforcement will regulate the recreational cannabis industry. This commissioner will also oversee licensing for retailers, cultivators, manufacturers, and laboratories. Each license will be issued on a competitive and equal basis. However, certain applications will receive a license advantage if they plan to offer workers a living wage or provide workers with Health Insurance, among other things.
Changes to HB 305
Delaware House committee members made sure the amendments from last years HB 150 were included in this year’s HB 305. Those amendments include quality control standardization, testing facility accreditations, packaging and labeling requirements, and social equity measures. Last year, HB 150 failed after members of the Black Caucus voted against the bill for not including enough measures regarding social equity.
Representative Ed Osienski, D, is the main sponsor of HB 305. He has taken time to meet with the members of the Black Caucus to address their concerns and make sure they are incorporated into the bill as best as possible.
“We spoke about the harms in communities and [how] individuals who look like me are four times more likely to be arrested for marijuana offenses, but we didn’t really see redress in the bill,” said Representative Nnamdi Chukwuocha, D, a member of the Delaware Black Caucus. Once he and Representative Osienski spoke and made changes to the legalization bill, Chukwuocha became a co-sponsor of HB 305 to show his support.
Next Steps
If HB 305 makes it out of the House Appropriations committee, it will move to a full House chamber vote. The bill needs a supermajority of 60 percent to pass the House and move to the Senate. There, HB 305 will receive further debate in committees, which could potentially lead to a full Senate vote.
The current governor, John Carney, is one of the few democratic governors who is against recreational cannabis legalization. He has not said whether he would veto a legalization bill if it comes to his desk or not. If he does, the House and the Senate would need to approve the bill with a ⅗ majority. Then they could override a governor’s veto. As more information becomes available, we will update you with the latest.
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