DOVER, Del. - Two bills were filed on Friday that would legalize and regulate recreational marijuana for adults in Delaware.
House Bill 1 would remove all penalties for possession of a personal use amount of marijuana for individuals who are 21 or older. The bill defines a quantity for personal use as one ounce or less of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol.
Possession of more than a personal amount and public consumption would remain unclassified misdemeanors. Because this bill does not have any taxation or revenue aspect to it, the measure would require a simple majority of 21 votes in the House. Representative Ed Osienski is optimistic that the bill will have enough support to become a reality, however last year Governor Carney vetoed a bill to legalize possession of up to once ounce of marijuana by adults for recreational use.
"We have spent the past several years educating members about the merits of this program and dispelling the misconceptions that have persisted," Osienski said. "Delaware has been missing an opportunity to participate in the adult recreational marijuana market. We've missed out on hurting the illegal market, creating a new industry with good-paying jobs, and bringing tax revenue into our state that is currently going to nearby states like New Jersey."
House Bill 2 would create a legal framework to regulate the growth, sale, and possession of marijuana and provide opportunities for small businesses to be licensed in these areas. It would also ensure that people have access to this new market.
As for finances, House Bill 2 would regulate and tax marijuana similar to the way alcohol is taxed and regulated. Adults 21 and older could purchase a personal use quantity of marijuana from a licensed retail store. There would be a marijuana control enforcement fee set at 15% assessed at the point of sale.
The legislation also contains a new framework for directing 7% of marijuana fee revenue to a justice reinvestment fund, which would be administered by the Department of Justice to facilitate grants, contracts, and services. These initiatives would focus on restorative justice, workforce development, creating technology to assist with the expungement of criminal records, and addressing underlying causes of crime and reducing drug-related arrests.
House Bill 2 requires a three-fifths vote in each chamber to pass because it addresses revenue and taxation. The lead Senate sponsor of both bills is Senator Trey Paradee, who said that he will continue in this role as long as it takes for them to become law.Â
"Every year we don't pass these bills, Delaware misses out on millions in revenue," Paradee said. "From both an economic and a criminal justice perspective, legalizing and regulating the sale of marijuana is the right thing to do."
Neither bill would change existing state law regarding driving under the influence of an illicit or recreational drug. They also would not allow individuals to grow their own plants. Public consumption of marijuana would still not be permitted.
Employers would still be permitted to require drug tests for workers to test for marijuana and ensure that any zero-tolerance policies are being followed. They would also be able to discipline employees for being under the influence at work, as well as prohibit the consumption of marijuana at work.
Under House Bill 2, the Division of Alcohol and Tobacco Enforcement would absorb marijuana enforcement and create a separate, administrative office within the Department of Safety and Homeland Security.
House Bill 2 has been assigned to the House Revenue & Finance Committee and will be heard on Tuesday at noon. House Bill 1 has been assigned to the House Health & Human Development Committee and will be heard on Wednesday at 11 a.m.