South New Castle News

DOVER – A year after Gov. John Carney torpedoed a movement toward marijuana legalization in Delaware with a rare veto, bills to legalize and tax and regulate the drug have been filed again in the General Assembly.

On Friday, Rep. Ed Osienski (D-Newark), who has unsuccessfully sponsored bills for legalization for several years now, filed House Bills 1 and 2 known collectively as the Delaware Marijuana Control Act that effectively mirror the 2022 failed effort. HB 1 would legalize possession of small amounts of marijuana for personal use, and HB 2 would regulate the legal industry of growing and selling cannabis.

After years of coming up short on a movement that has already been approved in 21 states and Washington, D.C., Osienski said that he felt responsible to introduce it yet again despite the governor’s opposition, especially as New Jersey’s legal market has taken off and Maryland prepares to open its own this July.

“Delaware has been missing an opportunity to participate in the adult recreational marijuana market. We’ve missed out on hurting the illegal market, creating a new industry with good-paying jobs, and bringing tax revenue into our state that is currently going to nearby states like New Jersey,” Osienski said in a statement. “We have spent the past several years educating members about the merits of this program and dispelling the misconceptions that have persisted. I’m optimistic that we have the support to make this effort a reality.”

Osienski told reporters Friday afternoon that the results of the 2022 election, which added one senator to the Democratic supermajority and saw several new progressives join the House, also gave him hope of overcoming past hurdles – one that would likely include the need to shepherd a three-fifths vote to override another veto by the governor.

Last year, the governor vetoed the legalization bill, and six representatives switched their votes between the original vote and the override attempt. Osienski said that he had not talked with those defectors, five of whom were re-elected last fall, about their votes. 

“It’s kind of in the past, so I kind of let it go. But I’ve had really good, positive conversations with all of them,” he added.

Osienski said that he had not yet reached out to House Republicans, a handful of whom have been open to the idea and could help the bills’ chances of passage, but said he was hopeful to gain their support.

One leader aside from Carney who will be a tough sell is longtime House Speaker Peter Schwartzkopf (D-Rehoboth Beach), who Osienski said is “still concerned and will not support legalization.” Like last year though, if legalization passes, Schwartzkopf has said he would be supportive of regulation and taxation of a legal sales market, according to Osienski.

Original source can be found here.