HB 1 the Marijuana Bill Passes in the DE House
House Bill 1, which would legalize a personal use quantity of 1 ounce or less of marijuana was voted today in the Delaware House. There was quite a lot of discussion with the bill’s sponsor, Edward Osienski, as well as some Q&A with the past president of the Medical Society of Delaware, Dr David Henderson, who was brought to the session by District 4 Representative Dr. Jeff Hilovsky.
Additional information on HB 1:
House Bill 1 would remove all penalties for possession of a personal use quantity of marijuana, except for those who are under 21 years of age. Possession of more than a personal use quantity of marijuana and public consumption would remain unclassified misdemeanors. A personal use quantity would be defined as one ounce or less of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol.
Under current state law, the possession of one ounce or less of marijuana by a person 21 years of age and older carries a civil penalty of $100. That provision would be eliminated under HB 1. Possession, use or consumption of recreational marijuana by anyone under 21 would still result in a civil penalty.
HB 1 is part of a two-pronged effort to legalize and regulate adult recreational marijuana in Delaware. A companion bill, House Bill 2, has cleared a House committee and is slated for a floor vote on Thursday. That bill would create a legal framework to regulate the cultivation, sale and possession of marijuana, and provide opportunities for small businesses to be licensed. HB 2 would require a 3/5 vote in each chamber (25 in the House).
Neither bill would change existing state law regarding driving under the influence of an illicit or recreational drug. They also would not allow individuals to grow their own plants. Public consumption of marijuana would still not be permitted.
Employer enforcement largely would not change. Employers would be permitted to drug test workers for marijuana to ensure any zero-tolerance policies are being followed. They also would be able to discipline workers for being under the influence at work, as well as prohibit the consumption of marijuana at work.
The House vote was 28 to 13 to approve – HB 1 is now waiting for action in the State Senate.
