The Delaware Senate approves legislation to remove penalties for adult marijuana possession

Of Nina Zdinjak

About a week after the Delaware House of Representatives gave the green light to a bill that would legalize the possession and sharing of cannabis between adults, the state Senate repeated the House decision and approved the measure. HB 371, which passed 13:7:1, legalizes possession of up to one ounce of marijuana for adults age 21 and older, NORML reported.

The move follows HB 372, also sponsored by Rep. Ed Osienski (D) and approved by a House Appropriations Committee on Tuesday, and now heads to the ground. This measure aims to create a specific regulatory framework for the recreational cannabis market.

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“I look forward to continuing to work on this, and I’m not really going to rest until we have a regulated market,” Osienski said, as reported by 47 ABC.

Tom Donovan, a Delaware attorney, told the outlet that this advance was largely due to the social inequality of Delaware residents in relation to law enforcement and cannabis possession. “Where you were born, where you live, what street you live on shouldn’t determine whether you become part of the criminal justice system,” Donovan said.

Erik Altieri, Executive Director of NORML, commended the passage of HB 371. “We applaud the Delaware Legislature for passing this important piece of legislation. The overwhelming majority of Delaware residents support ending their state’s failed marijuana ban, and Governor Carney should respect the will of the people and sign this law immediately.”

Previous attempts to legalize cannabis have encountered technical obstacles in the Senate, which needs a 3/5 majority to approve any proposal that introduces taxes. Because of this, Osienski has decided to split the package into two separate bills — one legalizing adult-only cannabis possession (requiring a simple majority to pass) and the other dealing with retail and regulatory issues.

Marijuana NugPhoto by Kirill Vasikev/EyeEm/Getty Images

What if the regulatory law fails?

The question is what happens if HB 372 is not approved?

State Senator Colin Bonini (R-Dover) echoed the views of other Republicans…passing HB 371 could have undesirable consequences, writes Delaware Online. The main concern is that the bill would legalize cannabis with no real regulation.

RELATED: Delaware: Marijuana Legalization Bill Passes House Committee

“We might as well call this ‘encouraging illegal behavior,'” Bonini said. “Because where are you going to get it? A drug dealer.”

Sen. Trey Paradee, a sponsor of the legalization bill, shared the same concern. If HB 372 is not approved by the end of the session, Paradee said he will ask Carney to veto HB 371.

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

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