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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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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Democratic lawmakers in Delaware last week performed what has become an annual legislative ritual by introducing measures that would legalize recreational marijuana.

And, as per recent tradition, their biggest obstacle remains the most senior member of their own state party. 

The Delaware News Journal reports that members of the state House of Representatives introduced a pair of bills on Friday “to legalize and create a recreational marijuana industry in Delaware, setting up a likely fight within the Democratic Party this legislative session.” 

The anticipated intra-party feud centers around Democratic Gov. John Carney, who has long been opposed to marijuana legalization and has stymied efforts by Democrats in the legislature to end the prohibition on pot. 

Last year, Carney vetoed a bill that would have legalized recreational pot in the state. 

Despite holding a majority in each chamber of the state General Assembly, Democratic lawmakers were unable to override Carney’s 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 a statement following his veto.

“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,” he 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.”

Democrats who are backing the two bills introduced in the state House last week are hopeful that Carney will eventually come around.

“My hope is that with continued open dialogue with the governor’s office, that will help alleviate a veto,” Democratic state House Rep. Ed Osienski, one of the sponsors of the legislation, told the Delaware News Journal. “I have more support from my members … for a veto override, but I’m hoping it doesn’t come to that.”

According to the outlet, a “Carney spokeswoman said Friday that the governor’s views on marijuana have not changed.”

According to the Delaware News Journal, the bill dedicated to removing all penalties for possession would “require a simple majority or 21 votes.”

The other bill “would create a framework to regulate the growth, sale and possession of weed,” essentially treating pot like alcohol, and would require “a three-fifths vote because it deals with revenue and taxation,” the Delaware News Journal reports.

The measures also include social equity provisions aimed at enhancing opportunities in the new marijuana industry to individuals from communities who have been historically targeted by anti-drug policies.

The News Journal has more details on the two proposals:

“Delawareans would buy marijuana from a licensed retail marijuana store. The bill would allow for up to 30 retail licenses to be distributed within 16 months of the legislation going into effect. The process will be competitive, with prospective retailers being rewarded for providing good salaries and benefits and hiring a diverse workforce.”

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