Delaware Becomes 22nd State To Legalize Adult-Use Cannabis, Bypassing Governor's Signature

Delaware is the latest state to embrace the green revolution, becoming the 22nd state to fully legalize recreational marijuana.

The state's legislature recently enacted two bills:

• House Bill 1 (HB 1) removes all penalties for marijuana use or possession as long as it does not exceed specified quantities.
• House Bill 2 (HB 2) establishes a legal marijuana industry within the state.

These initiatives were sponsored by Rep. Ed Osienski, approved by the legislature and supported by the Democrat majority.

What makes this development even more intriguing is the fact that Gov. John Carney, a vocal opponent of adult-use legalization, chose not to veto the bills despite his opposition. Despite “remain[ing] concerned about the consequences of a recreational marijuana industry in [the] state (...) Delawareans had spent far too much time focused on these issues when [they] face more serious and pressing concerns every day,” Carney said.

About The Legislations

With HB 1, Delaware's updated cannabis laws refine the definition of personal use quantity, allowing possession of up to 12 grams of concentrated cannabis or cannabis products containing 750 milligrams of THC. The state no longer penalizes items used with marijuana as drug paraphernalia. However, exceeding the personal use quantity remains a misdemeanor, public consumption is prohibited and cultivating cannabis without a license remains illegal.

In parallel to HB 1, HB 2 introduces the Delaware Marijuana Control Act, paving the way for a regulated industry. The Act emphasizes the importance of testing, labeling, and additional regulations to ensure consumer information and protection. It also includes a 15% levy on retail sales of marijuana, enabling taxation of related activities.

The Delaware Marijuana Control Act includes provisions for social equity and microbusiness applicants:

• Social equity applicants, including those residing in disproportionately impacted areas and individuals with marijuana-related convictions, receive discounted application fees and have access to a significant portion of cultivation, manufacturing, retail, and testing licenses.
• Microbusiness applicants, limited to ten or fewer employees, must comply with restrictions on plant canopy size and monthly marijuana plant possession.
• In addition, Delaware plans to issue up to 30 retail licenses, 30 manufacturing licenses, 60 cultivation licenses and five testing licenses, assuming sufficient qualified applicants.

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