House lawmakers introduced two bills Friday to legalize and create a recreational marijuana industry in Delaware, setting up a likely fight within the Democratic Party this legislative session.
For a decade, Democrats have been trying to legalize recreational marijuana in Delaware, only to be blocked by members of their own party – namely Gov. John Carney. It reached its climax last year when a legalization bill passed both chambers but was then vetoed by Carney, who is staunchly against it.
Efforts to overturn the veto, which in itself was rare in Delaware, failed. Several Democrats who voted for the legislation initially backed down after the governor’s veto. House Speaker Pete Schwartzkopf has also previously been against the legislation.
All the while, New York, New Jersey and Maryland have all legalized recreational marijuana.
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What’s the strategy this year?
With Carney in office for another two years, it’s unlikely the moderate Democratic will change his positioning, even if it breaks from where his party stands nationally. But there is some hope: The addition of several progressives in the Delaware House of Representatives.
The legislation went through several iterations last year, finding some success by dividing it up into two separate bills: One to legalize small amounts of recreational marijuana for personal use and another to create and regulate the industry.
Rep. Ed Osienski, D-Newark/Brookside, is once again sponsoring the legislation. And the strategy remains the same.
What is included in the legislation?
HB 1 would remove all penalties for possessing one ounce or less of marijuana for those ages 21 and older. This legislation would require a simple majority or 21 votes. As of now, marijuana is decriminalized in Delaware.
The second bill, HB 2, would create a framework to regulate the growth, sale and possession of weed. Lawmakers say marijuana would be regulated and taxed the same way alcohol is. This legislation requires a ⅗ vote because it deals with revenue and taxation.
Delawareans would buy marijuana from a licensed retail marijuana store. The bill would allow for up to 30 retail licenses to be distributed within 16 months of the legislation going into effect. The process will be competitive, with prospective retailers being rewarded for providing good salary and benefits and hiring a diverse workforce.
The legislation would also allow people who have been “disproportionately affected by the prohibition of marijuana (to) have access to this new market,” according to a news release.
The bill also creates a marijuana control enforcement fee at 15%. And 7% of the marijuana tax revenue will go to a Justice Reinvestment Fund, which has been a key area for members of the Democratic Black Caucus.
This money, controlled by the Department of Justice, would create grants and services that focus on restorative justice and reducing the state’s prison population, among other things.
This is a breaking news story. Check delawareonline.com for updates.
