Delaware Marijuana Legalization Task Force Considers Concessions
October 9, 2017
This Summer, the Delaware General Assembly created the Adult Use Cannabis Task Force (“Task Force”) to study the effects of regulating and taxing marijuana for adult use in the First State. Specifically, the Task Force is charged with studying the:
adoption of a model for regulation and taxation of adult-use cannabis in Delaware, including local authority and control, consumer safety and substance abuse prevention, packaging and labeling requirements, impaired driving and other criminal law concerns, and taxation, revenue and banking issues.
The 23-member Task Force is co-chaired by Democrats Sen. Margaret Rose Henry and Rep. Helene Keely, who sponsored legislation this year to regulate and tax marijuana similar to alcohol for Delawareans 21 and older. The Task Force is made up of state lawmakers, agency leaders and interest groups.
The Task Force met for the second time on October 4, 2017, in Dover to discuss issues raised by groups concerned with the potential impact of adult-use legalization in the state. Delaware Homeland Security Director John Yeomans said he is against permitting Delawareans to grow cannabis in their homes, which he said can lead to “grey markets” that exist outside the state’s regulatory scheme. Yeomans added that certain edible products, such as gummy bears, which may be attractive to children, should be prohibited.
The Delaware State Chamber of Commerce voiced concerns raised by employers regarding the difficultly in measuring impairment, and the potential for workplace injuries and accidents. The Chamber wants strong language that would permit employers to adopt zero-tolerance policies when it comes to marijuana use in the workplace. Other groups are asking for more time to study the nuances of how a legal marijuana industry would operate in Delaware.
In response, Rep. Keeley was receptive to certain concessions and agreed that more time may be needed to discuss these issues. The Task Force is scheduled to hold four additional meetings before issuing its final report to Delaware Governor John Carney by January 31. Rep. Keeley is willing to discuss extending the deadline to March 1 if necessary.
The Task Force’s final report could be critical in the effort to pass legislation to legalize recreational marijuana in Delaware. Even with the Task Force’s recommendation, the legislation will still need support from two-thirds of the Delaware House and the Senate. That will require votes from both Democrats and Republicans. To date, only one state, Vermont, has approved a recreational marijuana bill through its legislature. That bill was later vetoed by Vermont Governor Phil Scott.
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 Daniel Clearfield at dclearfield@eckertseamans.com. Or you can contact any other member of our Regulated Substances Group.