Almost there! The Delaware legislature sends the governor a legalization bill

Come on Delaware, you can do it!

This afternoon, May 12, the Delaware Senate voted 13-7 to send an adult legalization bill to Gov. John Carney’s desk. As a vocal prohibitionist, Carney could still veto the bill and send it back to the legislature.

While the law, HB371, removes all penalties for possession of up to one ounce of cannabis, it does not create a regulatory framework for a federally licensed market for adult use. Proponents of legalization have included these in a separate bill that they hope to pass soon.

“The governor has raised some concerns on this issue across the board, and the reality for us as lawmakers is that we have to make these decisions here in a somewhat turbulent situation,” Sen. Kyle Evans Gay (D) said on the Senate floor earlier today.

In Delaware, Democrats control the governor’s office and both houses of the state legislature, but Governor Carney is at odds with his party on the issue of legalization.

What happens next?

Governor Carney has 10 days to veto the legislation. If he decides to veto the law, it goes back to the state parliament.

At that point, though, lawmakers could likely override its veto. They would need a two-thirds majority to do so.

If HB371 becomes law, the discussion will move to HB372, the regulatory framework law. Proponents of legalization hope that by splitting cannabis legalization into two bills – HB371 and HB372 – they will put pressure on their opponents: otherwise, if they just pass the first law, the state will be stuck on legal weed and no regulatory framework for it.

Related

Delaware House passes legalization bill, but obstacles remain

That fact didn’t seem to have escaped the notice of opponents of the bill during today’s Senate vote.

“We might as well call this ‘encouraging illegal behavior,'” said state Senator Colin Bonini (R). “Because where are you going to go [cannabis]? A drug dealer.”

Because HB371 allows the free transfer of up to an ounce of cannabis, it effectively legalizes a “gift market” where free cannabis is given with the purchase of a symbolic item or work of art.

If the regulation bill doesn’t pass in the next 10 days, Carney could veto HB371 to eliminate the possibility of an unregulated market.

Delaware decriminalized marijuana possession in 2015.

Stay tuned for more information on legalizing cannabis in Delaware.

Max Savage Levenson

Max Savage Levenson probably has the lowest cannabis tolerance of any author on the cannabis beat. He also writes about music for Pitchfork, Bandcamp and other bespectacled people. He is the co-host of the Hash podcast. His dream interview is Tyler the Creator.

Check out Max Savage Levenson’s articles

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