Gov. John Carney vetoed an adult-use cannabis sales bill this week. In a statement, he explained why he made the decision to veto. “I do not believe that promoting or expanding the use of recreational marijuana is in the best interests of the state of Delaware, especially our young people,” he said. “Questions about the long-term health and economic impacts of recreational marijuana use, as well as serious law enforcement concerns, remain unresolved.”
The bill is now returned to the General Assembly, with the possibility that the governor’s veto could be overrided. According to Delaware Online, the General Assembly has not overidden a governor’s veto since 1977.
Some asembly membners such as Rep. Ed Osienski expressed that he was “deeply disappointed” in the veto, as the governor “could have allowed the bill to become law without his signature, which would have preserved both his personal opposition and the will of the residents and legislators.”
On May 19, the Delaware House of Representatives voted 23 in support and 15 in opposition of another bill that aimed to legalize adult-use cannabis. Although the supportive votes outnumbered those in opposition, House Bill 372 needed at least a three-fifths vote in order to pass and thus was defeated.
Rep. Ed Osienski is the sponsor of both HB-371 and HB-372. HB-371 passed on May 12 and addresses legalization through the removal of penalties for possession of one ounce or less (possession of more than one ounce would have been a misdemeanor), and also removes language regarding search and seizures. “The Delaware General Assembly made history today when the Senate passed HB-371, which will remove penalties for the adult possession of small amounts of marijuana, paving the way for legal adult recreational marijuana,” Osienski wrote on Facebook. “Thank you to my partner on this bill, Sen. Trey Paradee, who guided it through the Senate. With this bill passed, we are now poised to consider its companion bill, HB-372, which would create a legal framework to regulate the cultivation, sale, and possession of marijuana, and provide opportunities for small businesses to be licensed.
Unfortunately, HB-372, was just one vote shy of passing. When it became clear that HB-372 wasn’t going to pass with the necessary votes, Osienski changed his vote from a “yes” to a “no,” which may give him the opportunity to have the bill reconsidered at a future date. Ultimately, the votes reached 23 to 15 (which would have been 24 to 14 had Osienski kept his vote a “yes”), with one individual not voting, and two absent. According to Delaware Online, Rep. Larry Mitchell, who has voted in favor of cannabis legalization bills in the past, was ill on May 19 and couldn’t vote.
The two bills were originally one, HB-305, but it was defeated in April due to a lack of three-fifths majority vote. “HB-305 had the whole regulatory system in there for the industry of cultivating, manufacturing, and selling marijuana in the state of Delaware and it had a tax on it, which meant it would require 25 [votes], which is a hard threshold to meet,” Osienski told WDEL.com. “I figured, at least we can move forward with legalization with a simple majority of 21. I do have 21 House co-sponsors on the bill, so I think I’m pretty fairly confident that, unless something dramatically changes, that will pass and end prohibition.”
Prior to voting results for both HB-371 and HB-372, Osienski expressed his hope that by separating the two bills, it would make it easier for both to pass. “I’m hoping I won’t need their vote on legalization, but if they will then vote for regulation, we can possibly get both of these bills through,” said Osienski. “That’s my goal, and always was—that’s why I ran with the single bill that did both.”
Osienski knew that even if his bills weren’t approved, he plans to keep pushing for legalization in the next session. “If, for some reason, regulation does not pass, I’ll come back next year and continue to push for it because I still feel an important aspect of these bills is ending the illegal market eventually,” Osienski said. “So, until we have a regulated framework to allow businesses to grow, the illegal markets are going to continue, and that, to me, is not acceptable. I will keep on fighting to get the regulations and the industry set up, which is going to create jobs.”
Had HB-371 and HB-372 passed, it wouldn’t be the only hurdle left to overcome. Gov. John Carney has not expressed full support for legalization in the past, such as in 2021 when he expressed his opposition. “If you talk to the parents of some of these folks that have overdosed and passed away they don’t think it’s a good idea because they remember the trajectory of their own sons and daughters,” Carney said. “And I’m not suggesting that that’s always a gateway for all that, but if you talk to those Attack Addiction advocates they don’t think it’s a very good idea.”
