Delaware, 22nd U.S. state to legalize cannabis

Delaware became the 22nd U.S. state to legalize cannabis. On Friday, Democratic Gov. John Carney said that he would authorize two bills on legalization cannabis to go into effect without his signature, despite his persistent concerns about the consequences of lifting prohibition in the state of Delaware.

«After years of advocacy, collaboration, and organizing, we are thrilled to see the legalization of cannabis become a reality in our state,» said Laura Sharer, executive director of the Delaware chapter of the National Organization for the Reform of Marijuana Laws (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 lawmakers, and the support of a large majority of the Delaware community. Many have championed this just cause and recognized the need for sensible cannabis policy reform.».

Delaware has authorized 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 the legalization.

«My point of view on this issue has not changed,» Carney said Friday. «I made this decision because I believe we have spent far too much time focusing on this issue, while the people of Delaware are facing more serious and pressing problems every day. It's time to move on.»

2 bills

The bill H.B. 1, passed by the House of Representatives by a vote of 28-13 on March 7 and by the Senate by a vote of 16-4 on March 28, removes all penalties for possession of one ounce (28 grams) or less of cannabis by adults 21 and older. It also allows adults to share up to one 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 jail sentence of up to five days. Driving «under the influence» of cannabis also remains illegal.

H.B. 2 Law, which was 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 recreational cannabis. The commissioner must begin accepting license applications 13 months after the law takes effect and begin issuing licenses one month later. Retail sales will be subject to a 15% tax, and municipalities are authorized to ban cannabis businesses within their jurisdictions.

Retail sales will therefore not begin for at least another year. Since home cultivation is not permitted, cannabis users will have to continue relying on the black market for now, although they will not face civil or criminal penalties as long as they are 21 years of age or older and do not possess more than one ounce of cannabis.

Delaware is bordered by two states, the New Jersey and the Maryland, who have also legalized cannabis.