The Democratic Governor of Delaware reiterated Tuesday that he is opposed to marijuana legalization. However, he sent mixed signals on how he would act in regards to two bills that were sent his way late last month to legalize and control cannabis.
Governor John Carney (D) held a town-hall event. John Carney (D), who was asked about marijuana policy, declined to answer whether he’d veto legalization legislation as he had done with an earlier bill last session. He also said that he believes the reform is inevitable, and that it’s time to “move on” to other priorities.
He said, “I don’t support it.” The governor stated that “the last time it was sent to me…I vetoed because I simply don’t believe it’s a good thing, especially for young people and I don’t think it’s good for our competition.”
He also criticized polls that show majority support for legalization. However, he added that “I don’t make my decisions based upon poll numbers.”
The initial comments alone gave the impression that he was inclined to veto legislation again. Carney continued to say, “ultimately I think reality is that we’ll have an enterprise here–when?
The Governor discusses marijuana legalization starting at 44:55 in the video below:
I think that we should work with all the states to make it happen, right? We have no idea about impaired driving. “We don’t do a test the way you do for alcohol,” he explained. There are many different things we don’t know about. Children would still be able to get it, even though it is not allowed.
Carney also expressed concerns about impaired driving implications after the legislation was delivered to his desk. A spokesperson told Marijuana Moment separately that the Governor “continues” to be concerned about unintended consequences, particularly about the impact on our youth and highway safety.
Carney, however, said that the majority of people agree that cannabis “should be regulated more strictly, for lack of a better word,” and that “wherever we go, that should be the goal.”
The governor indicated again that he appears to view legalization as inevitable. He said that “different priorities”, like addressing the opioid overdoses that still face the state, have led “us, in my opinion, to spend too much time” on marijuana reform.
He said, “It is time to move forward to the next set challenges.”
Governor must act by Saturday on the simple legalization measure and next Wednesday for the regulatory measure.
Carney’s options are limited for the two bills, HB 1 and HB 2. These would legalize possession of marijuana and create a regulated market for adult-use. Carney could sign or veto both bills (or let the legislation take effect without signing). It’s possible he could take a more modest approach and only allow the simple legalization to become law. This would give legislators a second chance at creating a regulatory structure that meets his standards.
It’s not clear if, given his insistence that “tighter regulation” is needed, he would be willing to legalize possession without these guardrails. The governor’s remarks at the townhall event have raised more questions about his intentions than answers.
Rep. Ed Osienski, (D), the sponsor of the measure, said recently that if Governor seeks to veto legislation again, he is “optimistic”, and feels “pretty confident” that the measures have the votes needed for an override.
He said: “I think that my colleagues say, ‘OK you know, you only had one chance to veto this and you succeeded, but don’t expect us to support it again’.”
The simple legalization measure and the sales regulation bill passed both chambers, with more than enough votes for overriding any possible veto.
This is what HB 1 would achieve:
The state statute will be amended to allow adults over 21 to possess, use, share and purchase up to an ounce of marijuana.
In order to prevent abuse of the “gifting”, the bill specifies that giving away cannabis in conjunction with another reciprocal exchange between the same parties, such as an item other than marijuana, is not considered “adult sharing”.
Cannabis consumption in public and its cultivation will remain illegal.
A civil penalty up to $100 would apply to people under 21 who engaged in this activity for the first time. The police could issue a citation instead of the fine.
This is a summary of the key provisions in the HB2 regulatory Bill:
The law would create a framework for a regulated cannabis commerce system in the state.
A new Office of Marijuana Control Commissioner would be in charge of regulating the market under the Division of Alcohol and Tobacco Enforcement.
During the first 16-month implementation period, regulators may approve up to thirty cannabis retail licenses.
The licensing process will give priority to applicants who can demonstrate that they would provide a living salary, health insurance, paid sick leave, and diversity in hiring.
Seven percent of the marijuana business fees would be redirected to a fund called “Justice Reinvestment Fund”, which supports restorative Justice, workforce development, and technical assistance for people who are economically disadvantaged.
The fund will also be used to “create or develop technology that can assist in the restoration of civil right and expungement criminal records”, but the law itself does not provide for automatic expungements.
The bill also provides for microbusiness and social equity licenses. These are reserved for Delaware residents who own a majority of the business.
Localities could prohibit marijuana businesses in their area by ordinance.
Sales of marijuana for adult use would be subjected to a 15% sales tax. Medical cannabis products will not be subject to tax.
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Osienski took the calculated decision in the previous session to separate the measures after an earlier proposal that included both components was rejected by the House for failing to meet the three-fifths requirement.
The Senate passed a resolution shortly after the House approved the latest versions last month of legalization measures. It urges state representatives in Congress to support legislation that would end the federal prohibition on cannabis.
In October, Carney also vetoed another bill with a narrower focus that would have clarified the fact that state law does not prohibit medical marijuana patients from purchasing, possessing, or transferring firearms.
According to a survey released in September , a strong majority of Delaware voters favor legalizing marijuana. Nearly three-quarters of Democrats support the reform which the state’s Democratic Governor vetoed the previous year.
Advocacy groups’ 4/20 letter urges Biden to support marijuana legalization and take steps to remedy criminalization’s harms
Photo by Chris Wallis // Side Pocket Images.
The post Delaware Gov. Sends Mixed Signals Marijuana Bills, Saying it’s ‘Time to Move On’ from Debating Issue first appeared on Marijuana Moment.
