Gov. John Carney announced on Tuesday that he will veto a bill that would legalize the possession of 1 ounce or less of marijuana, which sets up a historic showdown with the General Assembly.
For years, Carney has not wavered in his position against marijuana legalization. He said in a statement that he does 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 he supports the use of medical marijuana and decriminalization of marijuana. He cited his decision to veto due to questions surrounding “long-term health and economic impacts” of marijuana and “serious law enforcement concerns.”
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This is likely the most controversial veto of Carney’s tenure as governor, and is a major break from those in the state and national Democratic Party. Carney said in a statement that he understands “that some hold a different view on this issue.”
The legislation will be returned to the General Assembly, where it would need to receive a three-fifths vote in each chamber to override the veto. The initial vote surpassed that benchmark, and had some bipartisan support.
It is incredibly rare for the Delaware General Assembly to override a governor’s veto. The last successful override was in 1977, according to state historians.
Carney, who is in his second term as governor and cannot run for re-election, had three options he could have made when it came to this bill: He could sign, veto or let the bill become law without his signature.
Rep. Ed Osienski, the Newark Democrat who has led legalization efforts, said in a statement that he is “deeply disappointed” in Carney’s decision especially, since the governor “could have allowed the bill to become law without his signature, which would have preserved both his personal opposition and the will of the residents and legislators.”
Osienski said he will review his options and decide “any next steps at a later time.” The General Assembly is currently in two-week recess.
“Unfortunately,” he said, “the governor has chosen to ignore the will of residents and a bipartisan super-majority of the General Assembly by vetoing HB 371.”
This governor’s announcement led to immediate calls for the legislature to override the governor’s veto, which lawmakers have resisted for several decades. The last attempt was in 1990.
Zoe Patchell, the executive director of Delaware Cannabis Advocacy Network, said she hopes lawmakers who support recreational marijuana “will stand firm against the governor.”
The veto, Patchell said, “only breeds further disrespect for this draconian law and helps the undermined integrity for institutions.” She cited the supermajority support in both chambers, and the significant support from Delawareans.
A University of Delaware 2018 poll found that 60% of residents support legalization.
“It’s a sad day for democracy,” she said, “that our governor would go against his own party and continue to allow Delawareans to be punished and subjected to intrusive stops and searches for conduct that’s now legal in 18 states and our nation’s capital.”
Contact Meredith Newman at (302) 256-2466 or at mnewman@delawareonline.com. Follow her on Twitter at @MereNewman.
