Delaware has become the 22nd US state to legalize cannabis. On Friday, Democratic Gov. John Carney said he would allow two cannabis legalization bills to go into effect without his signature, despite continued concerns about the consequences of lifting prohibition in the state of Delaware.
“After years of advocacy, collaboration and organizing, we are thrilled to see cannabis legalization become a reality in our state,” said Laura Sharer, executive director of the Delaware chapter of the National Organization for cannabis law reform (National Organization for the Reform of Marijuana Laws, NORML), in a press release. “This victory is the result of the tireless work of thousands of volunteers, dozens of legislators and the support of a large majority of the Delaware community. Many have championed this just cause and recognized the need for reasonable cannabis policy reform.”
Delaware has allowed medical cannabis since 2011. In 2015, lawmakers decriminalized possession of one ounce or less, making it a civil offense punishable by a $100 fine.
Last year, Governor Carney vetoed legalization.
“My view on this issue has not changed,” Mr. Carney said on Friday. “I made this decision because I think we’ve spent far too much time focusing on this issue when Delawarens face bigger and more pressing issues every day. It is time to move on. »
2 bills
Bill HB 1, which was passed by the House of Representatives by a vote of 28 to 13 on March 7 and by the Senate by a vote of 16 to 4 on March 28, removes all penalties for possession of one ounce (28 grams) or less of cannabis per adults 21 years or older. It also allows adults to share up to an ounce “without compensation”, but it does not allow home cultivation.
Consumption “in a place accessible to the public or in a moving vehicle” remains an offense punishable by a maximum fine of $200 and/or a prison term of up to five days. Driving “under the influence” of cannabis also remains illegal.
The HB 2 law, passed by the House of Representatives by a vote of 27 to 13 on March 9 and by the Senate by a vote of 15 to 5 on March 28, authorizes the appointment of a “cannabis commissioner” who will be responsible for issuing licenses and regulating the commercial production and distribution of cannabis for recreational use. The commissioner will have to start accepting license applications 13 months after the law comes into force and start issuing licenses one month later. Retail sales will be subject to a 15% tax, and municipalities are allowed to ban cannabis businesses from their territory.
Retail sales will therefore not begin for more than a year. Since home cultivation is not permitted, cannabis users will have to continue to rely on the black market for the time being, although they will not be subject to civil or criminal penalties as long as they are 21 years old or older. more and that they do not possess more than one ounce of cannabis.
Delaware is bordered by two states, New Jersey and Maryland, which have also legalized cannabis.
