House Democrats failed to override Gov. John Carney’s veto on legal marijuana possession on Tuesday night, resulting in a stunning blow to legalization efforts.
This was the closest Delaware has been in a decade to legalizing and creating a recreational marijuana industry. It’s unclear what the path forward will be, especially as Carney remains in office until 2025.
With the failed override attempt, Rep. Ed Osienski, who has spearheaded legalization efforts, said he will not make another attempt to resuscitate the bill to create a recreational marijuana industry in Delaware. This bill failed due to Rep. Larry Mitchell, House majority whip, being ill and he could not vote virtually.
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The veto attempt failed on Tuesday night because several Democrats either voted no or did not vote at all. Reps. Andria Bennett, who originally voted for the bill, and Stephanie T. Bolden both voted no, as did Rep. Bill Bush. House Majority Leader Valerie Longhurst did not vote.
House Speaker Pete Schwartzkopf, who has been vocally against legalization, voted no.
The Delaware Business Times reported on Tuesday that Schwartzkopf told business leaders earlier that day that he would “not override the governor’s veto, and I will not vote for it and I will work against it.”
Schwartzkopf did support the bill to create a recreational industry in Delaware.
This moment is a significant win for Carney, who found himself at odds with many in his party. He announced late last month that he was vetoing the legislation that would legalize the possession of 1 ounce or less for Delawareans ages 21 and older.
It resulted in an uproar in calls from residents, advocates and high-profile Democrats to overrule the governor’s historic veto.
But it’s incredibly rare for Delaware lawmakers to overturn a governor’s veto. The last successful attempt was in 1977.
Just after the vote, Osienski said on the House floor that he was proud he had “been fighting for something that such a large majority of Delawareans wanted.”
“It’s kind of what I feel they sent me down there to do, and I am appreciative of all the work I’ve done with my colleagues,” he added.
“But most of all,” he added as his voice began to break, “I feel good that I was working for Delaware.”
Lawmakers then stood up and gave him a standing ovation.
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Brian Warnock was one of the several marijuana advocates who had watched the vote in the gallery, waiting for hours as the House returned from a nearly three hour caucus.
He was one of more than 100 people to attend a rally outside Legislative Hall in Dover, calling on lawmakers to hold the line and vote to override the veto.
“It’s over, in my opinion,” the Frankford resident said of legalization efforts. “It’s especially disappointing because (Carney’s) a Democrat. This was a Democratic bill.”
“The only thing that’s going to happen,” he added, “is everybody’s going to get on the ferry and go over to New Jersey. It’s not going to stop anybody from getting pot. It’s just going to cost us millions of dollars.”
Contact Meredith Newman at (302) 256-2466 or at mnewman@delawareonline.com. Follow her on Twitter at @MereNewman.
