Delaware shows the war on drugs lives on in liberal enclaves

This article originally appeared on Brookings and has been republished with permission.

By John Hudak

By and large, liberal politicians in the United States – and the vast majority of Democrats – support the legalization of cannabis. Many view the war on drugs, particularly cannabis, as a civil rights issue that has had a devastating impact on African Americans. But Democratic Delaware Governor John Carney is not one of them. His veto of a cannabis-related penal code was a throwback to an earlier era.

During the current legislative session, the Delaware House and Senate voted on HB371. Unlike some laws passed by liberal Democratic states in the last two years, this law simply abolished all penalties for anyone over the age of 21 for possessing or using an ounce less of cannabis. Legislation allows for fines to be imposed on individuals possessing an ounce or less if such individuals are under the age of 21. The law also eliminates penalties for adults 21 and older who transfer or “donate” an ounce of cannabis or less. .

Governor John Carney / Photo by Mark Makela/Getty Images

RELATED: Delaware government vetoes marijuana legalization bill despite passing both houses

The law does not specify the type of commercial cannabis businesses found in more than a dozen states that have legalized cannabis for adult use. The law also does not facilitate underage possession or use of cannabis. Instead, it limits the state’s ability to make money from adults who wish to possess small amounts of cannabis for personal use or to give small amounts of cannabis to adults who wish to do the same.

In his veto message, however, Gov. Carney lists the tried-and-true tropes of the drug war as either based on a rotten misunderstanding of the legislature or protecting the interests of the very apparatus that has used the drug laws to enrich themselves and hobble communities of color . First, Governor Carney states, “I do not believe that encouraging or expanding recreational marijuana use is in the best interest of the state of Delaware, particularly our young people.” This legislation encourages or expands recreational cannabis use in the state Not. This argument could be used as a misgiving against a commercialized system with advertising that would encourage usage. This law deals exclusively with criminal law issues.

Additionally, Governor Carney throws in the line “particularly young people” used by politicians opposed to cannabis reform to justify their outdated position. This legislation specifically included an exception to the waiver of penalties: minors. Minors continue to face fines for possession and use, and this legislation does not encourage or expand use in this subpopulation.

Instead of framing his position with a “let’s save the children” duck, Gov. Carney to be more honest with Delaware residents about what advances his position. It promotes the police state. It promotes police power to punish adults who engage in behavior that is perfectly legal in more than a third of American states. It fuels the ongoing racially biased drug war that has oppressed communities of color for generations. This position does not save children; it promotes racism.

A later passage in Governor Carney’s veto statement makes this clear. He notes that “serious law enforcement concerns remain unresolved.” On this point he is right. Law enforcement uses the simple possession of cannabis as a reason for further searches and seizures. It also uses drug laws to collect fines and court fees and target communities of color. Law enforcement officials in many states oppose weakening cannabis laws because it limits their ability to use state power to harm specific communities in specific ways.

While law enforcement concerns remain unresolved, American concerns about cannabis have largely dissipated. The vast majority of Americans support the legalization of cannabis. And the vast majority of Delaware lawmakers supported HB371. The House passed the legislation 26-14; the Senate passed the legislation 13-7; in each chamber one member was absent from the vote. But instead of supporting the public will, the Delaware governor instead chose to support the racially discriminatory War on Drugs. The failure to understand the consequences of these actions for a population that is nearly 40% Latino and/or non-white shows that many elected officials hold onto outdated belief systems despite significant data and analysis to the contrary.

RELATED: Delaware Senate Greenlights Bill Abolishing Penalties for Adult Marijuana Possession

The governor’s veto follows a racially motivated incident involving a Delaware women’s lacrosse team in Georgia in April. The Delaware State University team bus — an HBCU — was stopped on a Georgia freeway and officers searched the entire bus, with one officer stating, “There’s probably some weed in there.” Officers repeatedly referred to “marijuana” during the stop.

Governor Carney reacted angrily to this incident. He explained: “Moments like these should be relegated to our country’s complicated history, but they continue to occur with sad regularity in communities across the country. It’s especially hard when it affects our own community.” On that day, Governor Carney sided with the rights of individuals—particularly black people—not to be harassed by police using our nation’s foundational drug laws . Today, he sided with law enforcement and their ability to target people of color, just as the Delaware State women’s lacrosse team did. HB371’s veto statement speaks volumes more than his defense of his own state’s college students.

This article originally appeared on Brookings and has been republished with permission.