Delaware’s governor vetoes legalization of marijuana

Gov. John Carney has vetoed a bill that would have legalized cannabis for all adults 21 and older in Delaware.

The law, House Bill 371, was passed by both the State House and Senate earlier this month. The bill sat on Carney’s desk awaiting his signature, which would have made Delaware the nation’s 19th rule of law.

Instead, Carney opted to oppose the bill this morning.

The governor’s action leads to a showdown with the Legislature, which needs a 3/5 vote to override Carney’s veto. Carney is a Democrat and both houses of the legislature are majority Democrats.

The legislature may well have the votes for it — which would mark the first successful veto override in Delaware since 1977.

The legalization bill, HB 371, passed both the House and Senate with veto-proof votes: 26-14 in the House and 13-7 in the Senate. 25 votes are required in the House of Representatives to overturn a veto and 13 are required in the Senate. To override the governor’s veto, lawmakers would have to rewrite their ballots and Carney would have to convince two members of the House of Representatives or a senator to change their votes.

Delaware lawmakers have until the end of the legislative session on June 30 to override the governor’s veto.

gov. Carney has “questions” about legalization

Carney released this statement this morning:

“I recognize the positive effects marijuana can have for people with certain health conditions and for that reason I continue to support the medical marijuana industry in Delaware. I supported marijuana decriminalization because I agree that people shouldn’t be jailed just for possessing and using a small amount of marijuana for personal use — and now, thanks to Delaware’s decriminalization law, they aren’t. That being said, I don’t believe that promoting or expanding recreational marijuana use is in the best interest of the state of Delaware, particularly our young people. Questions about the long-term health and economic effects of recreational marijuana use, as well as serious law enforcement concerns, remain unresolved.”

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Disingenuous or misinformed?

The governor’s comments included a number of wide-ranging negative assumptions that have been refuted by the 18 states that have already legalized it.

Cannabis has been legal for all adults in Colorado and Washington for almost a decade. Legalization, with proper regulation, has proven to be a huge economic boon for these states—as well as newer states used by adults—with the creation of 428,000 full-time jobs in agriculture, processing, retail, and ancillary industries.

In legal states, all licensed stores will check IDs at the door. In non-legal states, non-licensed sellers do not verify IDs, allowing underage sales to thrive.

In theory, decriminalization sounds like a positive step, but it leaves responsible adult consumers with no legal way to obtain cannabis – helping illegal sellers to offer untested products to anyone, regardless of age.

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The US cannabis industry now supports 428,059 jobs

Consumers and tax revenue moved to New Jersey

Rep. Ed Osienski, a pro-legalization advocate, issued his own statement on the veto on Tuesday:

“Unfortunately, the governor chose to ignore the will of residents and a bipartisan supermajority of the General Assembly by vetoing HB 371. I am deeply disappointed in his decision, especially since he could have allowed the bill to go into effect without his signature, which would have preserved both his personal opposition and the will of residents and legislators. I will review the options available and decide on next steps at a later date.

“Vetoing HB 371 will not stop people from obtaining and using marijuana. It simply means that they could face civil penalties for possession. We don’t have to look further than New Jersey to see how a new industry can create jobs and generate revenue – sales hit nearly $2 million on day one. Until we build a similar market in Delaware, people here will continue to illegally purchase marijuana through the illicit market or send tax revenue to New Jersey through the Delaware Memorial Bridge.”

Zoë Patchell, executive director of the Delaware Cannabis Advocacy Network, said after the vote, “A strong majority of Delaware voters support the legalization of cannabis and want the state to stop wasting resources punishing people for activities that occur in March 18 are legal in other states. We urge lawmakers to take immediate action to lift this veto.”

Bruce Barcott

Leafly senior editor Bruce Barcott oversees news, investigations and feature projects. He is a Guggenheim Fellow and the author of Weed the People: The Future of Legal Marijuana in America.

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