On Friday, August 1st, 2025, adult-use cannabis sales officially begin across the First State. Here’s where to buy weed in Delaware.

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Delaware will begin legal adult-use cannabis sales on August 1, according to state officials. The launch will mark the start of the state’s regulated recreational market, more than two years after legalization became law in 2023.

The first retail sales will take place at existing medical cannabis dispensaries, which were granted permission to convert their licenses. These businesses, known as compassion centers, will be the only ones allowed to sell on opening day.

Medical Dispensaries Go First

The Office of the Marijuana Commissioner (OMC) confirmed that 13 medical dispensary locations will be eligible to open for adult-use sales. These operators paid conversion fees of $200,000 for cultivation and $100,000 for retail or manufacturing.

“This new industry will generate critical revenue to strengthen our schools, infrastructure and public health systems,” said Governor Matt Meyer in a statement published by Delaware.gov. He called the program “a step toward repairing historic injustices.”

The OMC said it will continue to issue conditional licenses to the 125 applicants selected through a lottery process last year. These include 30 new dispensary licenses, half of which are reserved for social equity applicants.

According to Delaware Public Media, fewer than 20 of those licenses have been issued so far, but more are expected by the end of the summer.

Delays and Legal Changes

Adult-use cannabis was legalized in April 2023, when former Governor John Carney allowed the bill to become law without signing it. However, the original law did not allow medical operators to convert. That changed in 2024, when a follow-up bill created the conversion path and used the fees to fund a $4 million grant program for social equity applicants.

The program faced setbacks earlier this year. A March launch was delayed when the FBI declined to issue background check approval. That problem was resolved after state lawmakers passed legislation to bring Delaware into compliance with federal standards.

Zoning and Access Concerns

Not all new license holders will be able to open quickly. Several municipalities in Delaware have banned cannabis businesses or created strict zoning rules that make it difficult to secure a location. Lawmakers passed a bill limiting the restrictions that counties can impose, but the governor has not yet signed it into law.

Commissioner Joshua Sanderlin, who took office in April, said his team is working with new and existing businesses to get them operational.

“My goal is to make sure that while we are regulating and ensuring public safety, we are also helping businesses get started,” he said in an interview with Delaware Public Media.

Still, some advocates have raised concerns that conversion licensees are being given a head start that could disadvantage smaller or equity-owned businesses.

Where to Buy on August 1

According to Spotlight Delaware, the following dispensaries are expected to be open for recreational sales on August 1:

• First State Compassion – Wilmington and Lewes
• Fresh Cannabis – Milford, Newark, Seaford
• Columbia Care – Smyrna, Rehoboth Beach, Wilmington
• Field Supply – Wilmington
• The Farm – Felton, New Castle
• Best Buds – Dover, Georgetown

Full list available via the Delaware Health Department.

Market Outlook

The state has projected up to $160 million in cannabis sales by the end of 2026, with $40 million in annual tax revenue possible under the 15% excise tax. That revenue is expected to support public services and the social equity fund.

Whether the market will grow in a balanced and equitable way remains to be seen. For now, Delaware is moving forward, and legal weed is on the calendar.

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In Delaware, a new bill is being proposed to allow medical cannabis businesses to also sell adult-use cannabis once the state’s adult-use sales begin.

House Bill 408 was recently introduced on May 16 by sponsors Rep. Ed Osienski and Sen. Trey Paradee. Delaware’s Marijuana Control Act was enacted on April 27, 2023 without the signature of Gov. John Carney, and went into effect starting on August 1, 2023. It created four different license types but none of which currently permit medical cannabis compassion centers to take part in the upcoming launch of adult-use sales. If passed, HB-408 would create a temporary conversion license that medical cannabis businesses can apply for in order to sell adult-use cannabis, and if the application is approved, the license would expire after four years have passed, and can then be renewed again.

“As Delaware moves closer to the launch of recreational marijuana sales, it’s important that we continue exploring and implementing policies that will bolster the program’s success and support both new and existing retailers,” Osienski said in a press release. “Our experienced compassion centers are well-equipped to navigate this transition, and the funds generated from their conversion license fees will serve as a vital funding source for social equity applicants, empowering them to kickstart their ventures.”

According to HB-408, the medical cannabis business must currently be eligible for renewal within the medical program, must be able to show that it can meet market demands (in addition to verify its plans for continued service in medical cannabis and show support for the social equity program), and have a signed labor peace agreement with a labor organization. Applicants must also pay the fee for a conversion license, which is currently set at $100,000 per license. The proceeds from the fee will be used to give financial assistance to conditional license holders who are also social equity applicants.

“For us, passing the Marijuana Control Act was always about our desire to replace an illegal market that has overwhelmed our court system and damaged lives with a legal, regulated and responsible industry that will create thousands of good-paying jobs in Delaware,” Paradee said. “We also need to protect the jobs created by our compassion centers, who have already put in the hard work of standing up an industry and have the capacity and infrastructure to meet demand on Day 1.” Paradee added that providing an avenue for medical cannabis businesses to participate in the adult-use market will aid communities harmed by the War on Drugs.

If HB-408 became law, it would require that the Delaware Office of the Marijuana Commissioner open up applications between August 1-November 1, 2024. For now, it heads to the House Economic Development/Banking/Insurance and Commerce Committee.

Earlier this year, Osienski introduced another bill, House Bill 285, which aims to expand the Delaware medical cannabis program. Medical cannabis was first legalized in Delaware in 2011 but sales didn’t begin until 2015 when the first dispensary began operation.

If passed, HB-285 would allow senior citizens to become medical cannabis patients, permit healthcare providers to determine whether or not medical cannabis could be useful for a patient, and improve the cannabis registry ID card process. “With the full legalization of adult-use recreational marijuana last year, my colleagues and I agreed that our medical marijuana law needed to be updated to help the people who rely on those products get the therapy they need,” said Sen. Kyra Hoffner, according to WBOC. “These changes will allow healthcare providers to make sound decisions about which treatments best fit their patients, and make those treatments more readily accessible to people who need them the most. I want to thank my colleagues in the General Assembly for continuing to support a responsible and reasoned approach to both recreational and medical marijuana in the First State.”

HB-285 is currently waiting on Gov. Carney’s desk for a signature or veto.

In April, Osienski and Paradee, in addition to state treasurer Colleen Davis, filed House Bill 355, which would implement state protections for banks who seek to serve licensed cannabis businesses.  This would apply to banks as well as “credit unions, armored car services, and providers of accounting services” which wouldn’t be subject to prosecution under Delaware state law. “This is really a public safety issue,” said Paradee last month. “We do not want any of the current medical cannabis providers or the coming recreational cannabis providers to struggle with that issue.”

While these bills await their respective approvals, many eagerly await the news of when adult-use cannabis sales will begin. While an official date has not yet been verified, the most recent launch estimate is currently looking toward March 2025, according to Delaware Marijuana Commissioner Robert Coupe told the Joint Finance Committee in February.

In the meantime, a slew of other bills recently headed to Gov. Carney’s desk for approval, such as House Substitute 1 for House Bill 162, which would legalize human composting. If approved, it would allow licensed morticians to care for the deceased as they decompose by mixing the bodies with wood chips, straw, and other organic materials. After fully decomposed (estimated to take approximately 30 days), the compost would be returned to the family to use as they see fit.

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The Delaware state House legislature passed a bill on Tuesday that would allow people to have their bodies composted rather than buried or cremated.

According to the Associated Press, the practice known as “natural organic reduction” was passed by a vote of 37-2 and now goes to Governor John Carney’s desk for ultimate authorization or denial. 

This bill would not allow people to just toss their dead relatives on their backyard compost pile willy-nilly. The process would still have to be undertaken by licensed morticians and otherwise approved handlers of dead people so as not to create a very uncomfortable and smelly situation for neighbors and such. 

The process of human composting, according to the Associated Press report, takes about 30 days or more depending on the process and is performed in a large tank where the body is mixed with wood chips, straw and other organic materials much like traditional compost of non-human materials. The mixture is exposed to warm air, turned periodically and after full decomposition it would be returned to the family of the deceased to be used in the garden, to plant trees, vegetables or whatever they please. 

“At the time of laying in, our staff places the body into a composting vessel surrounded by a mixture of wood chips, alfalfa, and straw carefully calibrated for each individual,” said Recompose, a Washington-based human composting service on their website. “Much like the moment when a body is interred into the earth during a burial, the laying in represents a moment of transition. The vessel is closed and the transformation into soil begins.”

Chief sponsor of the bill, Rep. Sean Lynn told the Associated Press that the practice is considered a “gentle, respectful, environmentally friendly death care option.”

“Natural organic reduction is a sophisticated process that applies cutting-edge technology and engineering to accelerate the natural process of turning a body into soil,” Rep. Lynn said to the Associated Press.

If the bill passes the governor’s desk, Delaware would become the eighth state to legalize human composting behind Washington, Colorado, Oregon, Vermont, California, New York and Nevada. Rep. Lynn said that soil testing in these states of compost made from human remains has shown the soil to be “high quality and regenerative.”

This practice has been hailed by environmental activists as less energy-consuming than cremation and more environmentally friendly than other traditional burial methods, especially those that utilize chemicals like formaldehyde. The process also does not add to the need for more cemetery space, which a Georgia cemetery owner estimated to be over 1 million acres of land in the United States alone. 

“My first reaction was: Why haven’t we done this before? It’s not really a new idea. It’s just new-ish that we’re applying it to humans.” said Jennifer DeBruyn, an environmental microbiology professor at the University of Tennessee, Knoxville to CNBC in February of 2023.

The language of the Delaware bill would preclude human remains from being used for composting should they contain any radioactive implants such as those used to treat cancer without the need for surgery. Remains confirmed to have certain infections such as Ebola or neurodegenerative disorders such as mad cow disease would also not be eligible under the law if passed. More specific regulations are slated to be developed over the next year if the bill is passed. 

“We’ve got 29-year-olds in Miami signing up. Young people are going to teach us how to die better,” said Micah Truman to CNBC, CEO of Return Home, a Seattle-based human composting facility.

One might think this process would be cheaper than traditional burial services but it can actually be a bit more expensive given the cost of materials. For instance, Recompose charges about $7,000 for their human composting services whereas the average cost of cremation in the same state is about $6,028 according to Choice Mutual. Burials do tend to cost a bit more in most states, however. 

Seeing as how this is High Times, I would be remiss if I did not mention, in writing where my legal representatives can see it, that after I die I would like my body to be composted and used to grow cannabis plants, peyote cacti and psilocybin mushrooms.

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An advocacy group in Delaware is enlisting volunteers to clean up their community –– and then clear their mind. 

Called “Joints for Junk,” the program works exactly like it sounds: in exchange for a round of trash clean-up, the Delaware Cannabis Advocacy Network awards the volunteers with a joint of legal cannabis.

“People preregistered, showed up, signed a waiver and we gave them a joint,” says Zoë Patchell, president of Delaware Cannabis Advocacy Network, told the Delaware News Journal. “And, actually, nobody took the joint and left. It was a really positive, inspiring day.”

The group held the first “Joints for Junk” event in the fall, months after Delaware legalized recreational pot for adults. 

According to the Delaware News Journal, the event –– held in Millsboro, Delaware –– ”drew more than 50 volunteers over the age of 21 with each getting a pre-rolled joint, which was donated by members of the nonprofit group.” The outlet said that, under the new state law, “anyone can gift an adult up to an ounce of marijuana.”

“It was probably one of our best turnouts for a community service project,” Patchell said, as quoted by the Delaware News Journal. “There were a number of new people we had never met before, and a few of them even became members.”

“It was a really positive reception,” Patchell added. “We just told them we were here to make Millsboro more green.”

Delaware legalized adult-use marijuana in April, when Democratic Gov. John Carney allowed a pair of bills to become law. Carney had previously vetoed legislative proposals to legalize marijuana, but he stood down this year when Delaware lawmakers passed the measures with veto-proof majorities.

“These two pieces of legislation remove all state-level civil and criminal penalties from simple marijuana possession and create a highly regulated industry to conduct recreational marijuana sales in Delaware,” Carney said in a statement at the time. “As I’ve consistently said, I believe the legalization of recreational marijuana is not a step forward. I support both medical marijuana and Delaware’s decriminalization law because no one should go to jail for possessing a personal use quantity of marijuana. And today, they do not.”

Carney stressed that he remained opposed to legalization.

“I want to be clear that my views on this issue have not changed. And I understand there are those who share my views who will be disappointed in my decision not to veto this legislation,” said Carney. “I came to this decision because I believe we’ve spent far too much time focused on this issue, when Delawareans face more serious and pressing concerns every day. It’s time to move on.”

State House Rep. Ed Osienski, the sponsor of the two bills, celebrated the breakthrough, which made Delaware the 22nd state to legalize weed for adults.

“After five years of countless meetings, debates, negotiations and conversations, I’m grateful we have reached the point where Delaware has joined a growing number of states that have legalized and regulated adult recreational marijuana for personal use,”Osienski said in a statement. “We know that more than 60% of Delawareans support the legalization of marijuana for adult recreational use, and more than two-thirds of the General Assembly agreed.”

Osienski also saluted Carney for allowing the bills to become law.

“I understand the governor’s personal opposition to legalization, so I especially appreciate him listening to the thousands of residents who support this effort and allowing it to become law,” Osienski added. “I am committed to working with the administration to ensure that the effort to establish the regulatory process goes as smoothly as possible.”

The law allows individual communities in Delaware to opt out and ban weed within their jurisdictions. 

Members of the town council in Millsboro did just that in September, when they unanimously passed an ordinance that bans the cultivation and sale of marijuana within their city limits.

At the first “Joints for Junk” event held in November, volunteers “collected [trash] from the area surrounding the Millsboro Town Center ― the same place where the Town Council voted against marijuana just six days prior at a Nov. 6 public hearing,” according to the Delaware News Journal.

Patchell said that the group wanted to “show everyone that cannabis consumers care about the community and a lot of the negative stereotypes are simply not true.” 

“We care just like everybody else,” Patchell said. 

According to the Delaware News Journal, six teams were “deployed in fluorescent yellow vests to pick up any garbage they found using large garbage bags of the same color” from 10 a.m. to noon.

“While there were no issues reported with their first ‘Joints for Junk’ project, some residents came out from their homes to ask what was happening as they saw the brightly dressed volunteers roaming the neighborhood,” the outlet said.

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Recreational cannabis was, at long last, made legal in Delaware earlier this year.

But several of the state’s beach towns situated along the eastern seaboard have ridden a different wave, opting instead to maintain the prohibition on weed within their respective jurisdictions. 

The Delaware News Journal reported this week that “Delaware’s beach towns have taken the lead” in determining whether or not to permit marijuana for adults within their limits. 

“The town council in Dewey Beach in June voted unanimously to ban marijuana sales and other ‘marijuana-related business activities.’ The Dewey chief of police said weed would be “one more thing” for officers in the reputed party town to deal with,” the News Journal reported on Tuesday.

“Rehoboth Beach and Bethany Beach followed with similar bans in August. Ocean View and Fenwick Island passed bans in October…Other towns along Delaware’s beaches have discussed marijuana ordinances, but have not yet acted. South Bethany fielded public input on a possible ban late last month. Lewes Town Council is expected to continue discussions in November meetings,” the publication continued.

After years of failed efforts, Delaware became the 22nd state to legalize recreational cannabis for adults in April, when Democratic Gov. John Carney allowed a pair of bills to become law. 

Carney is an outlier in his party, the rare Democrat who actually stands in opposition to marijuana legalization. Last year, Carney vetoed a legalization bill that was passed by Delaware lawmakers, who were in turn unable to overturn the veto.

Carney said in his veto statement at the time that questions “about the long-term health and economic impacts of recreational marijuana use, as well as serious law enforcement concerns, remain unresolved.”

But in April, the second-term governor said he would allow the measures to become law without his signature.

“These two pieces of legislation remove all state-level civil and criminal penalties from simple marijuana possession and create a highly regulated industry to conduct recreational marijuana sales in Delaware,” Carney said in a statement at the time. “As I’ve consistently said, I believe the legalization of recreational marijuana is not a step forward. I support both medical marijuana and Delaware’s decriminalization law because no one should go to jail for possessing a personal use quantity of marijuana. And today, they do not.”

“I want to be clear that my views on this issue have not changed. And I understand there are those who share my views who will be disappointed in my decision not to veto this legislation,” added Carney. “I came to this decision because I believe we’ve spent far too much time focused on this issue, when Delawareans face more serious and pressing concerns every day. It’s time to move on.”

State House Rep. Ed Osienski, the sponsor of the two legalization measures, celebrated the passage of the bills, and applauded Carney for standing down.

“After five years of countless meetings, debates, negotiations and conversations, I’m grateful we have reached the point where Delaware has joined a growing number of states that have legalized and regulated adult recreational marijuana for personal use. We know that more than 60% of Delawareans support the legalization of marijuana for adult recreational use, and more than two-thirds of the General Assembly agreed,” Osienski said in a statement at the time.

“I understand the governor’s personal opposition to legalization, so I especially appreciate him listening to the thousands of residents who support this effort and allowing it to become law. I am committed to working with the administration to ensure that the effort to establish the regulatory process goes as smoothly as possible,” the Democrat continued.

“I have to thank my colleagues for standing together on this issue and contributing their input into the process. We have arrived at a stronger law, and Delaware will be better for it. I especially have to thank all the advocates who rallied for these bills and were patient as we negotiated, poked, prodded and cajoled our way to gaining enough support to pass the Marijuana Control Act. We’ve reached the mountaintop, and it feels great to finally get there. I hope everyone enjoys the moment.”

As is the case in other states where recreational marijuana has been made legal, Delaware’s law permits local municipalities to “opt out” and ban pot within their city limits.

“Municipalities can not prohibit people from partaking in private settings. Marijuana use is not allowed in public spaces statewide,” the Delaware News Journal explained. “The act outlines some limitations for operations, including rules for hours of operation and distance between businesses. The framework is similar to how liquor stores are governed. Regulations to hand out licenses for marijuana businesses won’t be finalized until next summer.Some cities like Newark said they are waiting to see the state regulations before acting.”

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Recreational marijuana became legal in Delaware on Sunday as Democratic Governor John Carney allowed two bills to legalize adult-use cannabis to become law without his signature. The measures, House Bill 1 and House Bill 2, legalize the possession of marijuana for adults and establish a legal framework for regulated recreational cannabis production and sales. Carney, who vetoed similar legislation last year, announced late last week that he would let the bills become law, although he added that he still has reservations about the measure.

“These two pieces of legislation remove all state-level civil and criminal penalties from simple marijuana possession and create a highly regulated industry to conduct recreational marijuana sales in Delaware,” Carney said in a statement on Friday afternoon. “As I’ve consistently said, I believe the legalization of recreational marijuana is not a step forward. I support both medical marijuana and Delaware’s decriminalization law because no one should go to jail for possessing a personal use quantity of marijuana. And today, they do not.”

The bills were passed by bipartisan, veto-proof majorities in both chambers of the Delaware legislature last month. House Bill 1 (HB 1) removes all penalties for possession of a personal use quantity of marijuana for adults 21 years of age and older. House Bill 2 (HB 2) creates a regulatory framework to govern the cultivation and sale and possession of marijuana, including provisions that provide opportunities for small businesses to be licensed and ensure that people living in areas disproportionately affected by decades of marijuana have access to the new legal market for recreational cannabis.

HB 1 became effective on Sunday, making Delaware the 22nd state in the nation to legalize cannabis for adults. HB 2 will become effective on Thursday, according to the governor’s announcement last week.

“After five years of countless meetings, debates, negotiations and conversations, I’m grateful we have reached the point where Delaware has joined a growing number of states that have legalized and regulated adult recreational marijuana for personal use,” Representative Ed Osienski, the sponsor of both bills, said in a statement after Carney announced he would let the bills become law. “We know that more than 60% of Delawareans support the legalization of marijuana for adult recreational use, and more than two-thirds of the General Assembly agreed.”

Carney’s veto of cannabis legalization bills last year marked the first time a Democratic governor had taken such a move. And while he is acquiescing to the inevitable by letting the bills become law this year, he noted that he is still opposed to the idea.

“I want to be clear that my views on this issue have not changed. And I understand there are those who share my views who will be disappointed in my decision not to veto this legislation,” said Carney. “I came to this decision because I believe we’ve spent far too much time focused on this issue, when Delawareans face more serious and pressing concerns every day. It’s time to move on.”

The governor added that despite his personal opposition, he was allowing the cannabis legalization bills to become law out of respect for the legislative process. Osienki praised Carney for the position he is taking this year and vowed to assist with a smooth transition to legal cannabis in Delaware.

“I understand the governor’s personal opposition to legalization, so I especially appreciate him listening to the thousands of residents who support this effort and allowing it to become law,” he added. “I am committed to working with the administration to ensure that the effort to establish the regulatory process goes as smoothly as possible.”

Brian Vicente, founding partner of the cannabis and psychedelics law firm Vicente LLP, said that the legislation marks another milestone in the movement to reform cannabis policy in the United States, adding that he expects further progress in 2023.

“Each state that legalizes cannabis is a significant step forward on our country’s path to marijuana reform, and Delaware’s recent action to legalize is no exception. This bill breezed through both the state senate and house with a veto-proof majority, showing that Delaware’s elected representatives, much like its citizens, widely support cannabis reform,” Vicente wrote in an email to High Times. “Delaware will send two U.S. Senators and a U.S. Representative to Washington DC to represent their state’s interests, which now include protecting a regulated system for adult-use cannabis. Delaware is the 22nd state to legalize, and will likely soon be joined by Minnesota, which is actively debating legalization in its state legislature. Each state’s legalization gets our country closer to a tipping point, when the federal government will be forced to align its cannabis policy with the states.”

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As of April 14, two cannabis bills have officially been sent to the desk of Delaware Gov. John Carney. House Bill 1 legalizes small amounts of cannabis for personal use, and House Bill 2 establishes regulations for cultivation and sales. Both combined make up the Delaware Marijuana Control Act.

According to the Delaware State Constitution, the governor has 10 days to make a decision about the bills (which does not include Sundays), or sometime between April 22 for HB-1 and April 26 for HB-2. Carney may either sign the bills, veto them, or make no decision and allow them to become law without his signature.

According to bill sponsor Rep. Ed Osienski, the arrival of HB-1 and HB-2 on Carney’s desk is the result of a lot of work by legislators and advocates. “We have been on a long, multi-year journey with the Marijuana Control Act. We have had countless hearings, debates, stakeholder engagement and deliberations. We have incorporated numerous suggestions and changes from interested parties—including the governor’s office—throughout this process to arrive at what I believe is the best possible plan for legalizing and regulating adult recreational marijuana,” said Osienski. “I am hopeful that the governor will take all of this into account as he considers these bills and that he will acknowledge the desires of an overwhelming majority of Delaware residents.”

Carney’s response to these bills isn’t certain. Most recently, Carney attended a press event for a campaign called “Making Delaware’s Roadways Safer” on March 29. While there, Delaware reporter Tim Furlong asked Carney what he might do with the cannabis legislation bills at the end of March.“No, I’d rather focus on this issue,” Carney said at an event. “Obviously I’m concerned mostly about intended consequences of legalization, including highway safety.”

Carney initially vetoed a bill to legalize cannabis possession in May 2022, stating that he supports medical cannabis and decriminalization, but not recreational cannabis. “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,” Carney said last year. “Questions about the long-term health and economic impacts of recreational marijuana use, as well as serious law enforcement concerns, remain unresolved.”

Following the veto, legislators attempted to have the veto overridden in June 2022, but the effort failed. However, legislators reintroduced recreational cannabis into the legislature in January 2023. The House approved the bill on March 7, followed by the Senate on March 28.

In early March, Osienski shared his hopes that continually revisiting cannabis will eventually lead to a signature from the governor instead of a veto. “My hope is that with continued open dialogue with the governor’s office, that will help alleviate a veto,” Osienski said. “I have more support from my members … for a veto override, but I’m hoping it doesn’t come to that.”

Delaware shares a border with New Jersey and Maryland, which have both passed adult-use cannabis. According to a statement provided to High Times by Brian Vicente of Vicente LLP, Delaware is next up to approve legalization and help bolster cannabis on the east coast. “The impending passage of legalization in Delaware is a historic and important step towards establishing the Atlantic Seaboard as ground for legal adult cannabis regulation,” Vicente said. “For many years, legalization was considered a West Coast phenomenon, but the East Coast is now following suit. While we are still a ways away from having cannabis legal from Florida to Maine, Delaware further cements the East Coast as an area turning its back on marijuana prohibition.”

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The first measure, House Bill 1, which would legalize cannabis for adults, passed the Senate with a vote of 16-4, while House Bill 2, legislation to set up a framework for regulated recreational marijuana sales, was approved by a vote of 15-5. If they become law, the bills will make Delaware the 22nd state in the union to legalize adult-use cannabis.

The bills now head to the desk of Delaware Governor John Carney, who last year vetoed legislation to legalize adult-use cannabis, making him the only Democratic governor in the nation to make such a move. The state House of Representatives then failed to override the veto, leaving lawmakers to try again during the current legislative session. This year, however, both houses of the Delaware legislature have passed the bills with a veto-proof majority, making final passage of the bills with or without Carney’s signature all but guaranteed.

Cannabis Policy Reform Marches Forward

The neighboring states of New Jersey and Maryland have also passed legislation to legalize cannabis for use by adults, making Delaware one of the few holdouts in the Northeast left to end the prohibition of marijuana. After Tuesday’s Senate votes to legalize the bills, Brian Vicente, founding partner at the cannabis and psychedelics law firm Vicente LLP, hailed the new progress for the cannabis policy reform movement in the United States.

“The impending passage of legalization in Delaware is a historic and important step towards establishing the Atlantic Seaboard as ground for legal adult cannabis regulation,” Vicente wrote in an email to High Times. “For many years, legalization was considered a West Coast phenomenon, but the East Coast is now following suit. While we are still a ways away from having cannabis legal from Florida to Maine, Delaware further cements the East Coast as an area turning its back on marijuana prohibition.” 

Neither of the bills passed on Tuesday, however, include restorative justice provisions to expunge past convictions for cannabis-related offenses like those included in the marijuana legalization plans of many states in recent years. Natalie Papillion, chief operating officer of the Last Prisoner Project, a nonprofit group dedicated to the release of all cannabis prisoners, called out the lack of expungement measures in Delaware’s marijuana legalization plan.

“Legalization alone cannot heal the wounds of prohibition. True justice demands legislation that provides record clearance and resentencing for those affected,” she wrote in a statement to High Times. “It’s disheartening that Delaware has ignored the opportunity to start repairing these harms by failing to incorporate retroactive relief measures into this bill.”

Legalization Has Broad Public Support in Delaware

Polling in Delaware shows that nearly three-quarters of adults in the state support legalizing marijuana, while only 18% said that cannabis should remain illegal. Nearly nine out of 10 Democratic respondents said they approve of cannabis legalization, while 73% of independent voters also said they support ending the prohibition of marijuana in the state. Less than half (47%) of Republicans said cannabis should continue to be against the law, while 42% of GOP respondents support legalization.

“With this latest vote, the fight to legalize cannabis in Delaware is nearing the finish line. Cannabis policy reform has garnered widespread support among Delawareans for years. Meanwhile, neighboring states have already made the move to legalize cannabis,” Olivia Naugle, senior policy analyst at the Marijuana Policy Project, said in a statement from the cannabis reform group. “It’s encouraging to see the legislature advance these bills with veto-proof majorities. We hope Gov. Carney will heed the will of the people and allow Delaware to become the 22nd state to legalize cannabis. Any further delay to cannabis legalization would be a detriment to the state.”

Attorney Vicente said that the legalization of cannabis in Delaware could also give additional support to the effort to legalize cannabis at the federal level, noting that state lawmakers are increasingly in favor of reform.

“Importantly, after this law passes, Delaware will send two U.S. Senators and one House member to Washington, D.C., with a clear mandate to pass federal reform,” he said. “Delaware is an example of a relatively new trend in cannabis reform, with its adult-use law passing through its legislature instead of by a popular vote.”

The legislation now heads to the governor’s desk for his consideration. Before Tuesday’s vote in the Senate, Carney spokeswoman Emily Hershman said in a statement that the governor “continues to have strong concerns about the unintended consequences of legalizing marijuana for recreational use in our state, especially about the impacts on our young people and highway safety.”

“He knows others have honest disagreements on this issue,” she added. “But we don’t have anything new to share today about how the Governor will act on HB 1 and HB 2 if they reach his desk.”

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Lawmakers in the Delaware House of Representatives on Tuesday approved a bill to legalize adult-use marijuana in the state––but the governor’s veto pen continues to loom over the effort.

The bill passed the chamber on a bipartisan vote of 28-13, according to Delaware News Journal, which noted that the measure picked up two votes from Democratic lawmakers who had not previously supported cannabis legalization. 

The lone Democrat to vote against, according to the newspaper, was the party’s leader in the chamber, House Speaker Pete Schwartzkopf.

Schwartzkopf is not the only senior Delaware Democrat to break from his party in opposing cannabis legalization––a policy that is supported by a large majority of Democratic voters nationwide, and that has become a virtual mainstream position among Democrats in Washington and state Houses across the country.

Delaware’s Democratic governor, John Carney, has been firm in his opposition to marijuana legalization. 

Last year, after a similar bill was passed by both chambers of the Delaware general assembly, Carney vetoed the measure, and lawmakers were unable to generate enough votes to override the veto.

“[The legalization bill] would, among other things, remove all penalties for possession by a person 21 years of age or older of one ounce or less of marijuana and ensure that there are no criminal or civil penalties for transfers without remuneration of one ounce or less of marijuana between persons who are 21 years of age or older,” Carney said in his veto statement at the time.

“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,” the governor continued. “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,” Carney added. “Questions about the long-term health and economic impacts of recreational marijuana use, as well as serious law enforcement concerns, remain unresolved.”

Undeterred, Democrats, who continue to hold majorities in the general assembly, renewed their legalization drive in January.

“My hope is that with continued open dialogue with the governor’s office, that will help alleviate a veto,” State House Rep. Ed Osienski, a Democrat who is sponsoring the new bill, said earlier this year. “I have more support from my members … for a veto override, but I’m hoping it doesn’t come to that.”

Early signs are not great, as a spokesperson for the governor said earlier this year that his position on marijuana remains unchanged.

But still, the Democrats press on. According to Delaware News Journal, “the bill now makes its way to the Senate, where it is expected to pass, the looming question is if Democrats have the political support this time around to override another possible Carney veto.”

The newspaper has more details on the latest legalization proposals in the general assembly:

“House Bill 1 would remove all penalties for possessing 1 ounce or less of marijuana for those ages 21 and older. This legislation required a simple majority of 21 votes. As of now, marijuana is decriminalized in Delaware. The second bill, HB 2, would create a framework to regulate the growth, sale and possession of weed. Lawmakers say marijuana would be regulated and taxed the same way alcohol is. This legislation requires a three-fifths vote because it deals with revenue and taxation. This is expected to be voted on soon.” 

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