Regulated Substances Update: Vermont becomes the first state to pass legislation legalizing marijuana use, Delaware could be the second
May 12, 2017
This week Vermont became the first state to legalize marijuana use through its legislature. Vermont joins Colorado and eight other states where recreational marijuana use has been legalized through state referenda or other means. The bill passed through the Vermont House of Representatives Wednesday with a 79-to-66 vote and awaits signature by Gov. Phil Scott.
The bill would legalize possession of marijuana beginning in 2018, and creates a nine-person commission to study the best way to tax and regulate marijuana in the future. The Vermont legislature legalized medical marijuana in 2004. The Vermont bill includes a measure that allows individuals 21 years and older to possess up to one ounce of marijuana and grow up to two mature marijuana plants, or four immature plants. If signed by Gov. Scott, the law will go into effect on July 1, 2018.
In Delaware, House Bill 110, which legalizes recreational marijuana use and establishes a system for taxing and regulating marijuana sales, was approved by the Delaware House Revenue and Finance Committee (9-2). HB 110 is sponsored by Rep. Helene Keeley and would allow adults 21 and older to possess up to one ounce of marijuana, including no more than five grams of marijuana concentrate. Unlike Vermont, however, Delaware will prohibit all home cultivation. The bill authorizes the creation of a marijuana industry to be divided among four types of licensees: cultivators, product manufacturers, retail stores, and testing facilities. All licensees will be required to pay a $10,000 licensee fee, which is valid for two years. Based on an October 2016 survey conducted by the University of Delaware, 61 percent of Delawareans are in favor of legalizing marijuana.
The Regulated Substances Blog is intended to keep readers current on developments regarding medical cannabis legalization and regulation and is not intended to be legal advice. If you have any questions, please contact the author Peter Murphy at pmurphy@eckertseamans.com. You may also contact Daniel Clearfield at dclearfield@eckertseamans.com or any other member of our Regulated Substances Group.