Delaware lawmakers are revitalizing cannabis legalization efforts

Delaware lawmakers launched a new cannabis legalization initiative Wednesday with the approval of two separate bills in the Legislative Committees. A broader proposal to legalize marijuana for adult use and regulate commercial cannabis businesses failed the Delaware House of Representatives last month.

The first measure released by the committee this week, House Bill 371, would legalize the personal possession of up to one ounce of cannabis by adults. Representative Ed Osienski, the sponsor of the law, told Delaware Public Media that the law “legalises personal possession of one ounce or less, but it is still illegal to be under 21 in possession, to possess more than one ounce, and it’s still illegal to drive with a disability.” He noted that it remains against the law to smoke cannabis in public.

Osienski believes that separating ownership from legalization from regulation and taxation of commercial cannabis HB 371 will be easier to pass than the comprehensive House Bill 305, which failed to get the required three-fifths majority because it included new tax provisions. Without such action, HB 371 requires only a simple majority to pass. The bill was approved by the House Health and Human Development Committee on Wednesday.

“HB 305 had the entire regulatory system for the industry of growing, manufacturing and selling marijuana in the state of Delaware and there was a tax on it which meant it would require 25 [votes], that’s a hard threshold,” Osienski told WDEL. “I figured, at least with a simple majority of 21, we can push legalization forward. I have 21 House co-sponsors on the bill, so I think I’m pretty confident that will pass unless something dramatic changes and the ban ends.”

Separate bill regulating cannabis trade

A separate measure by Osienski, House Bill 372, was approved by the House Revenue and Finance Committee on Wednesday. The bill would regulate commercial cannabis production and sales and would authorize 30 retail licenses, 30 manufacturing licenses, 60 cultivation licenses and 5 trial licenses to be issued within 16 months of the bill’s entry into force. The bill also imposes a 15% tax on retail cannabis sales.

MP Paul Baumbach voted in favor of HB 372. He said the bill had significant changes compared to legislation that failed in March.

“That’s a different bill than the one we looked at last month,” Baumbach said. “It says here if marijuana is legal in Delaware, do we want it to be taxed and regulated? I think everyone in my world and I know that this isn’t the real world. I think everyone would want to tax and regulate it.”

Rep. Mike Ramone voted against the release of HB 372 from the committee. He said the bill would allow for too much government involvement in the cannabis industry.

“I’d like to see a different format of this, maybe even an outcrop of a process that’s already in place, whether it’s through the smokehouses or the liquor stores or even a mix. I just think we’re doing a lot,” Ramone said. “I don’t like taxing them either. I think that keeps the black market more active.”

Osienski says that separating the ownership issue from regulation will make cannabis decriminalization easier to enforce. Once that is done, he hopes regulating trade will become more palatable to those currently opposed to the idea.

“I hope I don’t need their vote on legalization, but then if they vote to regulate, we might be able to pass both bills,” Osienski said. “That’s my goal and always has been – that’s why I ran with the only bill that achieved both.”

“If for some reason the regulation doesn’t pass, I will come back next year and keep pushing for it because I still think an important aspect of these bills is to ultimately end the illicit market,” he added. “So until we have a regulated framework that allows businesses to grow, the illicit markets will continue and that is unacceptable to me. I will keep fighting to build the regulations and the industry which will create jobs.”