Delaware marijuana legalization bills head to Gov. John Carney’s desk following Senate approval

The Delaware state Senate voted in favor of two marijuana legalization bills on Tuesday, sending the legislation to the desk of Gov. John Carney, whose veto blocked similar legislation last year.

One of the bills legalizes possession of up to one ounce of marijuana for adults 21 and older (as well as equivalent amounts in other forms, such as concentrates). Under the bill, underage possession would result in fines, and public marijuana use remains illegal. That bill passed the state Senate by a vote of 16-4, with one abstention.

The other bill, known as the Delaware Marijuana Control Act, creates a regulatory framework for a legal recreational marijuana industry in the state. It would allow up to 30 retailers, and a 15% tax on sales in a system that the bill’s synopsis compares to alcohol sales. It passed the Senate by a vote of 15-5 with one abstention, surpassing the three-fifths majority it needed to advance.

The bills head to Carney’s desk, and they will need to be signed to become law. Following Tuesday’s vote, Carney’s office issued a statement saying that the governor remains concerned about marijuana legalization.

“The governor continues to have strong concerns about the unintended consequences of legalizing marijuana for recreational use in our state, especially about the impacts on our young people and highway safety,” said Emily Hershman, Carney’s director of communications. “He knows others have honest disagreements on the issue. But we don’t have anything new to share today about how the governor will act.”

Lawmakers rejected two amendments sponsored by state Sen. Eric Buckson (R., Dover). Those amendments aimed to remove requirements for labor peace agreements for marijuana businesses, alter the structure of the state’s marijuana commission, and allow people facing license suspensions or revocations to request documents from the commission about the action.

Prior to Tuesday’s vote, chief Senate sponsor Trey Paradee (D., Dover) said that a majority of Delawareans support marijuana legalization, and believe it to be less harmful than other legal drugs, such as alcohol and tobacco.

“Marijuana, by any measure, is far less harmful than alcohol, not as addictive as caffeine and nicotine and does not cause anywhere near the harmful side effects and astronomical health-related costs and consequences of tobacco and nicotine products,” Paradee said.

State Sen. Bryant Richardson (R., Laurel), meanwhile, headed up opposition against the measures in the Senate, saying that legalization would increase traffic accidents and violence, and worsen mental illness.

“There is harm. There is long term harm,” Richardson said. “There is going to be a lot of harm to the state of Delaware if this passes.”

Delaware legalized medical marijuana in 2011, and sales began in 2015. It decriminalized marijuana in 2015, and expanded the law to include people under 21 in 2019.

State House lawmakers last year secured 26 votes in the initial push for legalization, but ultimately, failed to overturn Carney’s veto.

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

Earlier this month, the House passed both bills with a two-thirds super majority, and the ability to again override Carney’s potential veto.

Osienski, the bills’ primary sponsor, said earlier this month that should Carney veto this year’s legalization effort, he feels “optimistic” about overturning it.

“I feel pretty good that I have the support this year to override the veto,” Osienski said. “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.’”