Delaware House passes legalization bill, but obstacles remain

Delaware took a big step toward legalizing adult-use cannabis yesterday.

By a roughly 2-to-1 vote, the state house passed HB371, which would remove all penalties for possession of up to one ounce of cannabis. The proposed law would effectively legalize a “gift market” – where free cannabis is given with the purchase of a symbolic item or work of art – by allowing the transfer of up to an ounce of cannabis without compensation.

However, the bill does not create a regulatory framework for a state-licensed market for adult use. Proponents of legalization have included these in a separate bill that they hope to pass soon.

HB371 is now headed to the Delaware Senate, where its sponsor, Rep. Ed Osienski (D), believes it will pass without a hitch. However, the bill would also require the signature of Gov. John Carney (D), a vocal opponent of legalization.

“This is a really big, big day for us in terms of progress,” Zoe Patchell, executive director of the Delaware Cannabis Advocacy Network, told the Delaware News Journal. “We still have a lot to do.”

Osienski’s gamble: splitting legalization into two separate bills

The passing of HB371 by the House of Representatives comes after years of unsuccessful attempts to legalize cannabis in Delaware. (The state decriminalized personal possession of marijuana in 2015).

Last March, the House of Representatives considered legalization legislation that included a regulatory framework. This bill was missing two votes. At that point, Rep. Osienski decided to split it into two separate bills: HB371 and HB372, which include a 15% tax on leisure sales, mandatory 30 retail licenses, and prioritization for equity applicants.

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Osienski hopes the passage of HB371 will force a hand on those opposed to legalization: if they don’t pass the separate regulatory law, they would be left in an unregulated market.

Finally, don’t forget that even if one or both bills pass the state legislature, Governor Carney could still veto them.

Stay tuned for the latest news on Delaware’s fight to legalize adult marijuana on Leafly.

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.

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