Delaware lawmakers have been unsuccessful in their attempts to legalize adult-use cannabis for the past several legislative sessions. This year, the Democrats are all-but-certain their bill will pass. They hope 2021 will see an end to prohibition, and Delaware will enjoy full cannabis legalization for the first time.

HB 150

Written and proposed by Representative Edward S. Osienski (D), HB 150 looks to legalize cannabis use for citizens over 21. All eligible citizens can legally purchase and possess up to one ounce of cannabis at a time. It’s known as the ‘Delaware Marijuana Control Act’. Representative Osienski is incredibly proud of this bill, as are many others. 

“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,” said Senator Trey Paradee (D). There are currently 15 states in the country that permit adult-use cannabis. Lawmakers want Delaware to be next. 

In addition to allowing up to one ounce possession, there would also be a 15 percent sales tax, called the ‘Marijuana Control Enforcement Fee’, applied to all sales. There is no clarification on where the revenue from sales would go, but many hope for funds to be diverted to citizens who have been most affected by the failed War on Drugs. 

Unfortunately, HB 150 would not allow for home cultivation, as many other states have legalized with their adult-use programs. Additionally, existing medical cannabis businesses couldn’t sell recreational products. This is in order to keep the two main categories of cannabis separated.

Legalization Pushback

Few lawmakers in the House or the Senate have spoken out about the current bill, but their previous votes have made their opinions clear on the topic. In 2019, HB 110 was introduced and passed the first committee hearing. It did not receive a second committee hearing and died once the legislation period ended. Both Rep. Osienski and Sen. Paradee backed this previous bill as well. 

At the same time, Delaware’s governor, Governor John Carney (D), is one of the few democratic governors to pushback against recreational use legalization. The same goes for Hawaii’s governor, Governor David Ige (D). Governor Carney’s spokesperson said the governor, “[supports] decriminalization and an expansion of Delaware’s medical marijuana program. But he still has concerns about legalizing recreational marijuana.”

There hasn’t been any discussion with Governor Carney about HB 150, so lawmakers don’t think he would veto the measure should it come across his desk.

Future

Delaware lawmakers want to offer their citizens adult-use marijuana, like so many other states have done. It simply comes down to a waiting game. HB 150 will be heard in the House Health and Human Development committee on March 24. 
As more information develops around Delaware and HB 150, we will be sure to update you with the latest.

Make sure to check back for more cannabis and hemp related news.