Recreational marijuana supporters on Friday (1/20) introduced new legislation seeking to eliminate the civil penalty for adults possessing or using up to one ounce of the controlled substance.
The move continues a dramatic narrative from last year.
After a bill seeking to make recreational marijuana legal in Delaware was seemingly killed in the House of Representatives last spring, backers introduced two new measures to accomplish the same goal. The first was House Bill 371, which sought to eliminate all penalties for possessing 1 ounce or less of marijuana by those 21 years of age or older.
The Delaware Code was changed seven years ago to decriminalize the possession of "personal use" amounts of marijuana. However, a civil penalty of $100 can still be levied under current law. HB 371 would have eliminated this fine.
The bill cleared the General Assembly on the strength of overwhelming Democratic support in both chambers, but Governor John Carney vetoed the measure in late May, stating:
I recognize the positive effect marijuana can have for people with certain health conditions, and for that reason, I continue to support the medical marijuana industry in Delaware. I supported decriminalization of marijuana because I agree that individuals should not be imprisoned solely for the possession and private use of a small amount of marijuana — and today, thanks to Delaware's decriminalization law, they are not.
That said, I do not believe that promoting or expanding the use of recreational marijuana is in the best interests of the state of Delaware, especially our young people. Questions about the long-term health and economic impacts of recreational marijuana use, as well as serious law enforcement concerns, remain unresolved.
An attempt to override the veto in the House failed.
The bill filed today (House Bill 1) is similar to its predecessor. It would refine the definition of "personal use quantity" to mean "1 ounce or less of marijuana in the form of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol."
This measure would also remove all penalties for the adult use, possession, and sharing of small quantities of marijuana (as previously defined). Additionally, it would eliminate any fines for possessing or using "marijuana accessories" -- items intended primarily for use with marijuana.
Should the bill become law, it would not "legalize" marijuana since all of the following activities would remain illicit:
- The use of marijuana by anyone under the age of 21.
- The sale of marijuana in any form (not including legal, medical sales).
- The sale of another item in which marijuana was being "gifted" to the purchaser as part of the transaction.
- Using marijuana as barter.
- The use of marijuana by anyone in a public venue.
- The use of marijuana while operating or riding in a motor vehicle.
- Growing marijuana.
- The possession of more than one ounce of marijuana.
Twenty-nine of the General Assembly's 41 Democratic lawmakers have signed the bill as prime sponsors or co-sponsors. No House or Senate Republicans have thus far sponsored the measure. The legislation has been assigned to the House Health & Human Development Committee for further consideration.
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