The Delaware legislator who authored the state’s legalization of marijuana law has announced that he will introduce cleanup legislation to “get the industry running” in the next few days. Regulators continue to make rules, and are considering the possibility of allowing existing medical cannabis dispensaries to sell to adult consumers earlier.
During an interview with Delaware Public Radio, Rep. Ed Osienski and Delaware Marijuana Commission Robert Coupe provided updates on their work to set-up the cannabis industry. They also explained how the implementation process could be tweaked further to accelerate sales.
Osienski credited the governor for quickly appointing Coupe. He said the commissioner had “moved at full speed” to get the process up and running.
He said, “He has pointed out a lot of little technical changes to HB 2 which we worked together on getting that drafted. We might be filing this as soon as next Monday.” “That will help him complete the regulations and get the industry running.”
The upcoming cleanup bill will include a section that addresses the residency requirements of marijuana businesses. The law currently limits licensees only to Delaware residents. However, the commissioner is concerned about multi-state operators who may challenge this requirement.
Osienski stated that “we do have a residency requirement in HB 2 as we wanted to ensure that this legislation would give Delawareans the opportunity to enter this industry.” “We are now looking at language that would remove the residency requirement.”
Coupe discussed the fact that regulators had asked the legislature to look into a bill that would convert the current medical marijuana dispensaries in the state to dual licensees, allowing them to serve both patients and adults. He acknowledged that this could give operators an unfair edge and that the demand could be so high, that patients’ access to marijuana could be compromised.
He said: “We don’t think they will take over the market but rather, we see them as a complement.”
“This week, Delaware Public Media’s Sarah Petrowich sits down with Commissioner Coupe and Rep. Osienski to discuss the timeline for recreational marijuana, upcoming cannabis bills, and other issues” @DelawarePublic pic.twitter.com/2HNE1pgeui
The Office Of The Marijuana Commisssion (@DEOMC1ST 1 March 2024
Coupe stated. We don’t want people to have to buy out of stores. We don’t like long lines, because there are only 13 locations. We see them not as a substitute for the overall program but as an addition.
Coupe, however, said that it is important to amend the current law in order for the medical cannabis program of the state and the adult-use marijuana market to be regulated by the same agency, rather than separate agencies, as they are currently.
The commission has also already proposed two rounds of regulations that cover adult-use licensing, advertising, transport and more. The commission plans to publish the entire regulatory proposal in May for public comments and finalize them by July 11.
Coupe said that sales of retail marijuana in the state could start four months after originally planned, in March 2025.
Osienski also spoke about a separate bill he is sponsoring, which was passed in the House of Representatives last month, to expand the medical marijuana program.
The bill would change the state program in a number of ways, including by removing restrictions on patient eligibility that are based on specific health conditions. Doctors could instead recommend marijuana for any condition.
Patients over 65 years old could also self-certify their medical cannabis use without a physician’s recommendation.
Osienski stated that the measure was a response to concerns raised by the medical cannabis industry. Dispensaries have noticed a decrease in patient numbers as other states have legalized adult use.
He addressed concerns of some lawmakers about the bill’s provisions on self-certification for seniors, saying that “not everyone understands cannabis. I’ve been working on this legislation for nearly eight years.”
“I am confident that this will not put Delawareans at risk, but my colleagues are not in agreement.” “So, it’s only natural that they are concerned,” said he. They feel that this is a medication and we are allowing someone to self-prescribe without consulting a doctor. “I believe that as people learn more and understand the situation better–and our medical commissioner was supportive of this change- I think it will be a good thing.”
He said, “We wanted to allow patients 65 years and older to self-certify so they could go to the dispensary and get medical [cannabis] without being charged a 15% tax.” “So, it saves some money for our seniors.”
The legislator also discussed his concerns regarding multiple localities throughout the state that have preemptively banned cannabis businesses from operating within their jurisdiction.
“I hear their arguments or reasons bring back a great deal of what I heard during debates when we were trying to pass legislation with HB 2,” Osienski stated. I think there’s a lack of understanding about cannabis. “I think it’s something that is actually safer than drinking alcohol. But nobody has put in special zoning laws for alcohol stores or distribution.”
He said that the local opt out rules are “concerning”, because people who live in these jurisdictions could be closer to Maryland and may decide to buy their products from outside of Maryland.
He said, “I believe it creates some problems but we are going to work around this.” Then, once the system is up and running, they will realize that they need to change their ordinances.
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Osienski, a former legislator in Colorado, gave advice last year to other state lawmakers who are pushing marijuana reform.
He said in May that the key was to continue working on it, and look at what other states had done. Then you can decide what is best for your own state.
He also advised that legislators sit down with “affected agencies of state” such as the Departments of Health, Finance and Agriculture.
He said, “We had to have meeting after meeting in order to resolve a number of issues.”
Separately the Delaware Senate approved a separate resolution in March last year that urges state representatives to to support legislation to end the federal prohibition of cannabis.
In 2022 Gov. John Carney (D vetoed an bill that was more specifically tailored and would have clarified the fact that medical marijuana patients were not prohibited by state law from purchasing, possessing or moving firearms.
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Photo by Brian Shamblen.
The first time Marijuana Moment was published, the post Delaware Lawmaker and Marijuana Commissar Talk Next Steps to Streamline Implementation.
