The Delaware House passed a bill on Thursday that would remove all penalties for adults 21 and older possessing 1 ounce or less of weed, a historic first step as lawmakers attempt to legalize and regulate recreational marijuana.
This vote comes after years of multiple failed attempts with similar pieces of legislation. The bill passed early Thursday evening with a vote of 26-14, which included bipartisan support from Republican Reps. Michael Smith of Pike Creek and Jeffrey Spiegelman of Clayton.
House Speaker Pete Schwartzkopf and Rep. Bill Bush representing Dover were the only Democrats to vote no. Rep. Stephanie T. Bolden, a Wilmington Democrat, was not present for the vote.
Some Republican lawmakers raised concerns on Thursday about the bill, specifically about how, at the federal level, marijuana is still considered a Schedule 1 drug.
“I think we’re putting the cart before the horse,” Rep. Steve Smyk, a Milton Republican, said on the House floor. “I applaud you for your strategy because it’s going to win, but I cannot support it.”
Following a failed House vote in March, lawmakers decided to split it into two bills – one legalization and the other regulation – and there are some early signs that this could be a successful approach.
The bill to legalize marijuana required only a simple majority. It now makes its way to the state Senate, where it will likely pass because it has the support of the chamber’s leadership.
Possessing 1 ounce or less of marijuana has already been decriminalized in Delaware, meaning there is no criminal penalty. This bill removes any type of civil penalty. But for anyone under 21 or those possessing more than 1 ounce, this will still remain as unclassified misdemeanors.
The path to regulating the industry is more complicated because this legislation requires three-fifths of lawmakers to support it. Because some Democrats still do not support legalization, it’s still unclear if this bill will have the votes to pass.
Rep. Ed Osienski, the Newark Democrat who has led these efforts, heard from colleagues in recent weeks that some lawmakers would vote to regulate marijuana if it was first legalized in Delaware.
There is a scenario that some lawmakers would vote for this regulation bill, which has yet to make it to the House floor, while voting no on the legalization bill.
Supporters did see a glimpse of potential victory earlier this month. Bolden and Smith supported the regulation bill when it was before the revenue and finance committee.
In March, Bolden did not vote and Smith voted against a previous version of this bill.
Zoe Patchell, the executive director of Delaware Cannabis Advocacy Network, described the vote as an “absolutely historic day in Delaware.”
She said advocates will continue to educate lawmakers who have yet to support this bill or the regulation bill. She hopes General Assembly members will see the “writing on the wall” that recreational marijuana in Delaware is inevitable.
“It’s a really big, huge day for us in terms of progress,” she said. “We still have a lot further to go.”
“This has been a very long time in the making.”
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Even if this legalization bill passes in the Senate, lawmakers still face a significant hurdle: Gov. John Carney.
The governor has, for years, been vocally against legalizing recreational marijuana. Even as states in the region have moved to legalize weed, including New Jersey, Carney has repeatedly described it as a “bad idea.”
It’s unclear if Carney will veto any of the two marijuana bills. A spokeswoman on Thursday said that his position has not changed.
Contact Meredith Newman at (302) 256-2466 or at mnewman@delawareonline.com. Follow her on Twitter at @MereNewman.
