Delaware Approves Measures Legalizing Marijuana Possession, Adult-Use Sales

The Delaware House of Representatives has passed a bill creating the framework for legal marijuana sales in the state, sending it to the Senate one week after passing a measure legalizing possession. The Senate is expected to approve both measures and send them to Gov. John Carney (D), who has said he supports both measures.

They’ve also approved a bill to legalize marijuana possession, with a complementary measure to establish basic regulations for a commercial adult-use market also advancing. The state Senate previously passed both pieces of legislation, but votes were required in the House and Senate before they could be sent to Gov. John Carney (D) and signed into law by late June. In the end, all three measures passed unanimously in the House, and both chambers combined their votes in favor of similar language.

What Will The House Bill 1 Accomplish?

After years of legislative deadlock on marijuana reform, the two state bills were signed into law by Gov. John Carney and passed into action. The news comes after several months of Delaware lawmakers taking up the issue. Delaware’s House of Representatives approved a bill to legalize marijuana in the state. The legislation, which passed 23-17 along party lines and has been approved by the state Senate, would allow adults 21 and older to purchase, possess, and consume limited amounts of marijuana.

The state of Delaware has just taken a historic leap forward toward legalizing cannabis for adult use. Here are just some of the accomplishments HB1 will bring forward:

The legislation would allow adults 21 and over to possess a personal use quantity of marijuana.
Delaware’s General Assembly has legalized the possession and use of recreational marijuana for those who are 21 and older. The new bills also included regulations regarding retail sales, cultivation, possession, and home delivery services.
Consumption of cannabis in public would remain prohibited, along with growing or selling the product. People aged 21 or older who break these rules could be fined up to $100 for a first offense.

What Will The House Bill 2 Include?

It would establish a regulatory system that includes licensing procedures, enforcement mechanisms, and consumer safety protections.
The bill would also provide legal protections for medical cannabis patients who may be subject to federal prosecution because they use cannabis as a medicine under their state’s laws.
The bill would not legalize home cultivation or social consumption.
The new law also sets up a licensing process for marijuana businesses, which includes a scoring system that prioritizes applicants who show that they’d provide a living wage, health insurance coverage, sick and paid leave, and focus on diversity in hiring.
Additionally, seven percent of marijuana business fee earnings will go towards funding initiatives related to restorative justice, workforce development, and technical assistance for economically disadvantaged people.
What about those who are already convicted of crimes related to cannabis? Well, there’s good news there too. The bill includes provisions allowing those with prior convictions for marijuana possession or use to apply for expungement and/or pardon under certain circumstances.

Ultimately, the Delaware General Assembly has taken a giant step forward in the history of state cannabis reform. In short, Delaware will go from being one of the least marijuana-friendly states in the country to being one of the most progressive. The legalization bill approved last week is already viewed as a harbinger for national marijuana legalization, and there’s no reason to believe it won’t become just that going forward.

It’s great to see progress being made on marijuana legalization in Delaware. A second bill, still in committee, would allow for the home growing of cannabis plants and would further expand the number of people who can legally sell marijuana-related products. All eyes are on the Senate now.