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Delaware lawmakers are taking another shot at legalizing marijuana in the state, filing a pair of complementary bills on Friday that would end prohibition and set up a basic regulatory framework for the market. And committee hearings on the proposals are already set for next week.<\/p>\n
Rep. Ed Osienski (D) is sponsoring the legislation, HB 1 and HB 2. He took a similar, bifurcated approach last session and saw the legislature pass the simple legalization proposal while narrowly defeating the regulatory measure. Gov. John Carney (D) vetoed the former legislation<\/a>, and the House didn\u2019t have to votes for an override<\/a>.<\/p>\n Advocates are hopeful that they\u2019ll see a different result this year\u2014and the sponsor says he\u2019s going to push to achieve that.<\/p>\n Things are already moving according to plan, with the House Health & Human Development Committee scheduled<\/a> to meet on Tuesday to discuss the basic legalization bill and the House Revenue & Finance Committee taking up<\/a> the regulatory measure on Wednesday.<\/p>\n Both bills were introduced with about 30 combined House and Senate co-sponsors.<\/p>\n \u201cDelaware has been missing an opportunity to participate in the adult recreational marijuana market,\u201d Osienski said in a press release. We\u2019ve missed out on hurting the illegal market, creating a new industry with good-paying jobs, and bringing tax revenue into our state that is currently going to nearby states like New Jersey.\u201d<\/p>\n \u201cWe have spent the past several years educating members about the merits of this program and dispelling the misconceptions that have persisted,\u201d he said. \u201cI\u2019m optimistic that we have the support to make this effort a reality.\u201d<\/p>\n Here\u2019s what the HB 1<\/a> legalization bill would accomplish:\u00a0<\/strong><\/p>\n State statute would be revised to legalize the possession, use, sharing and purchasing of up to one ounce of cannabis for adults 21 and older.<\/p>\n To avoid abuses of the \u201cgifting\u201d provision, the bill stipulates that \u201cadult sharing\u201d would not include giving away cannabis \u201ccontemporaneously with another reciprocal transaction between the same parties\u201d such as an exchange of a non-marijuana item.<\/p>\n Public consumption and growing cannabis would remain prohibited.<\/p>\n People under 21 who engage in such activity would be subject to a civil penalty of up to $100 for a first offense. Police could use discretion and issue a citation in lieu of that fine, however.<\/p>\n Here\u2019s an overview of the key provisions of the HB 2<\/a> regulatory bill:\u00a0<\/strong><\/p>\n The legislation would provide a basic framework to create a regulated system of cannabis commerce for adults in the state.<\/p>\n The Division of Alcohol and Tobacco Enforcement (DATE) would be responsible for regulating the market through a new Office of Marijuana Control Commissioner.<\/p>\n For the first 16 months of implementation, regulators could approve up to 30 cannabis retail licenses.<\/p>\n Applicants who show that they\u2019d provide a living wage, health insurance coverage, sick and paid leave and focus on diversity in hiring would be prioritized in the licensing scoring process.<\/p>\n Seven percent of marijuana business fee revenue would go to a \u201cJustice Reinvestment Fund\u201d that supports restorative justice, workforce development, technical assistance for economically disadvantaged people and more.<\/p>\n That fund would also go toward \u201ccreating or developing technology to assist with the restoration of civil rights and expungement of criminal records.\u201d However, the legislation itself doesn\u2019t provide for automatic expungements.<\/p>\n In additional to conventional retail, cultivator, manufacturer and laboratory licenses, the bill would additional provide for social equity and microbusiness licenses (reserved for applicants with majority ownership by Delaware residents).<\/p>\n Localities would be able to prohibit marijuana businesses from operating in their area through ordinance.<\/p>\n Adult-use marijuana sales would be subject to a 15 percent sales tax. Medical cannabis products would not be taxed.<\/p>\n \u2014 \u201cEvery year we don\u2019t pass these bills, Delaware misses out on millions in revenue. From both an economic and a criminal justice perspective, legalizing and regulating the sale of marijuana is the right thing to do,\u201d Sen. Trey Paradee (D), the lead Senate sponsor of the bills, said. \u201cI will continue to serve as the lead Senate sponsor on these bills for as long as it takes to for them to become law.\u201d<\/p>\n The \u201cwhereas\u201d section of the legislation states that \u201cthe creation of a legal, regulated marijuana industry would effectively eliminate the illegal market for marijuana in Delaware by diverting demand away from illicit cartels and enterprises, and provide law enforcement officials the legal means necessary to ensure the safe legal use of marijuana in Delaware.\u201d<\/p>\n It would further \u201caddress criminal justice concerns related to criminalization and prohibitions on the production, possession, and transportation of the substance,\u201d including historic racial disparities in marijuana enforcement.<\/p>\n Beyond regional legalization developments putting pressure on Delaware to enact the reform, advocates are also increasingly optimistic about the legislation\u2019s prospects given that last year\u2019s election added more progressive lawmakers to the legislature.<\/p>\n \u201cWith new members in the General Assembly this legislative session, we\u2019re excited for a renewed push for legalization,\u201d Olivia Naugle, a senior policy analyst with the Marijuana Policy Project (MPP), told Marijuana Moment. \u201cDelawareans have long supported ending cannabis prohibition, and it\u2019s up to the legislature to act. Governor Carney has a second chance to stand for justice and the will of the people by supporting these bills if and when they reach his desk. We hope that he\u2019ll change his stance.\u201d<\/p>\n Because the regulatory bill includes tax components, it requires a three-fifths majority of lawmakers to approve it. The basic legalization measure only needs a simple majority.<\/p>\n Osienski made the calculated decision to break up the measures in the previous session after an earlier proposal that included both components was rejected in the House<\/a> because it failed to reach the three-fifths vote requirement.<\/p>\n But while there are high hopes that the new legislation will make it through both chambers, it remains to be seen how the governor would approach it given his ongoing opposition to comprehensive legalization, or whether the votes are ultimately there to override a potential veto.<\/p>\n In October, Carney vetoed a more narrowly tailored bill<\/a> that would have clarified that medical marijuana patients are not prohibited from buying, possessing or transferring firearms under state law<\/p>\n A strong majority of Delaware voters support legalizing marijuana\u2014including nearly three in four Democrats who back the reform that the state\u2019s Democratic governor vetoed last year, according to a poll released that month<\/a>.<\/p>\n Lawmakers In Three More States File Psychedelics Reform Bills For 2023<\/a><\/p>\n<\/blockquote>\n\n \u00a0<\/p>\n The post Delaware Lawmakers File Marijuana Legalization Bills, With Hearings Already Set For Next Week<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
Delaware lawmakers are taking another shot at legalizing marijuana in the state, filing a pair of complementary bills on Friday that would end prohibition and set up a basic regulatory framework for the market. And committee hearings on the proposals are already set for next week. Rep. Ed Osienski (D)Continue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":60985,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/60984"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=60984"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/60984\/revisions"}],"predecessor-version":[{"id":60986,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/60984\/revisions\/60986"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/60985"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=60984"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=60984"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=60984"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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\nRead More: Delaware Lawmakers File Marijuana Legalization Bills, With Hearings Already Set For Next Week<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"