Delaware Legislature Legalizes Marijuana, But Democratic Governor is Anti-weed

by

When an all-encompassing marijuana legalization bill failed to obtain enough votes in March, Democratic lawmakers in Delaware decided to break it down into two components: legalizing possession, then establishing a recreational market. The possession bill was since approved in both chambers, while the market bill is still being debated. The onus is now on Gov. John Carney to sign the former bill into law, which is proving more delicate than expected for a Democrat.

In order to pass a bill which would create new taxes, such as a marijuana excise tax, the Delaware legislature requires three-fifths of the vote. The full legalization bill presented earlier this year therefore needed a supermajority and was defeated despite most lawmakers voting in favor of it; it failed with 23 votes in favor and only 14 against. Instead, two bills have replaced it: HB 371, which only legalizes possession of marijuana, and HB 372, which aims to create a regulated legal market for marijuana. Given that legalizing possession does not affect appropriations, it only required a simple majority to pass, which it promptly did.

This is the same setup chosen by Vermont, which led to years during which Vermont had legalized marijuana, but it was illegal to sell or exchange it, meaning that all marijuana legally consumed in the state was, without a doubt, illegally obtained. Democrats in the Delaware legislature are counting on the success of HB 371 to force their Republican obstructionist colleagues to allow HB 372 through as well. Everything relies on the goodwill of Gov. John Carney.

The Last Roadblock to Progress?

For years, Carney expressed personal distaste for marijuana, but he has not been clear on whether he would veto a legalization bill that reached his desk. When HB 371 reached his desk, his cabinet mentioned that they would “review the bill” but refused to comment further. The governor had previously signed a marijuana decriminalization bill that limits punishment to a simple fine and no jail time up to one ounce of marijuana. This was far smaller in scope than the bill currently awaiting on his desk.

“We spend all this time and money to get people to stop smoking cigarettes and now we want to say it’s okay to just smoke marijuana recreationally,” Carney said in defense of his position. “Look, I don’t want to sound like a prude about it, I just don’t think it’s a good idea.” He went on record claiming that marijuana is a gateway drug, and that legalization in other states “just doesn’t seem to me to be a very positive thing from the strength of the community, of the economy in their states.”

There is a lot wrong there: Unlike smoking cigarettes, occasional consumption of marijuana has zero negative health consequences; and unlike what Carney seems to believe, there are many ways to use marijuana without smoking it. Unlike what he claims, full legalization has been nothing but a boon to states. The legal, taxed and regulated marijuana market totaled more than $3.7 billion in additional tax revenue in 2021 alone and more than $10 billion since 2014. That is revenue that is largely reinvested in local communities, public education and health programs, as well as reparations for the damage caused by the War on Drugs. For instance, Washington state reaped $630 million in marijuana tax revenue in 2021; 60% of that revenue is directly invested in public health initiatives, especially providing affordable health insurance for low-income families. As for the myth that “marijuana is a gateway drug,” it is only true insofar as marijuana is illegal, as it forces people to explore illicit markets and get in touch with drug traffickers to obtain harmless marijuana. It would not be the case anymore if marijuana was sold and regulated through above-ground operations.

It’s important to note that there is a clear, undisputable division along party lines on the topic of marijuana. The Republican platform—before the very concept of a political platform was canceled by the Republican party in 2020 to avoid having to put their party’s outdated ideals on record—explicitly linked marijuana legalization with heroin overdoses and vowed to defeat drug reform. On the other hand, the Democratic platform says, “Substance use disorders are diseases, not crimes. Democrats believe no one should be in prison solely because they use drugs. Democrats will decriminalize marijuana use and reschedule it through executive action on the federal level. We will support legalization of medical marijuana, and believe states should be able to make their own decisions about recreational use.”

Given that HB 371 only legalizes possession and not a legal market, it is akin to decriminalization of marijuana and thus falls squarely within the promises of Gov. Carney’s own party. His personal distaste for marijuana is irrational and runs counter to every bit of data and every morsel of evidence. One man’s childish and unfounded beliefs should not be allowed to stand in the way of the betterment of a nation.