On Tuesday, the Delaware House of Representatives voted 28 to 13 to send House Bill 1, a bill seeking to legalize marijuana in Delaware, back to the Senate for further consideration. The bill, sponsored by Rep. Edward Osienski, D-Newark, was previously passed last year but was vetoed by Governor John Carney and failed to secure enough votes in the House to override the veto.
The bill is part of a two-part package, with House Bill 2 – HA 1 proposing establishing a marijuana growing and selling industry in the state. Osienski is hopeful that the increasing public support for decriminalization will persuade Governor Carney to sign the bill into law.
If passed, House Bill 1 would remove all penalties for the possession of a personal quantity of marijuana, defined as one ounce or less of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol, except for those under the age of 21. Under current laws, possessing an ounce or less of marijuana carries a $100 civil penalty for individuals aged 21 and above, which would be eliminated under HB 1. However, possession, use, or consumption of recreational marijuana by anyone below 21 years old would still result in a civil penalty.