Citing Concern For Kids, Delaware Governor Rejects Marijuana Legalization

The nineteenth U.S. state to legalize cannabis for adults 21 and over will not be Delaware, after Gov. John Carney on Tuesday rejected a legalization bill passed earlier in the year by the state assembly.

In his veto message, the Democrat told lawmakers that though he supports “the medical marijuana industry” and supported decriminalization in that state, legalization is not “in the best interests of the state of Delaware, especially our young people.”

“Questions about the long-term health and economic impacts of marijuana use, as well as serious law enforcement concerns, remain unresolved,” Carney added.

If Carney had signed it, House Bill 371 would have eliminated all criminal penalties for people 21 and over possessing an ounce or less of cannabis. It would also have allowed people 21 and over to freely give away – but not sell – an ounce or less.

Carney’s veto was expected, as the governor had made his opposition to full legalization known before taking office, though he’s also defying what polls suggest is the will of a majority of his constituents.

Polling has consistently shown majority support among registered voters in the state for legalization, with a September 2021 University of Delaware poll showing 56 percent support for legalization.

Unlike most of the other states that have legalized cannabis, Delaware has no voter initiative process. Of the 18 other states to legalize adult-use cannabis, six have done so through the legislative process.

There’s still an outside shot that Delaware could beat Pennsylvania, Florida, or other states with active medical-cannabis programs that activists and advocates feel have the best chance to become the 19^th state to legalize.

A super-majority of state lawmakers could override Carney’s veto. Most observers think this is unlikely, but at least some activists held out hope.

“Continuing to define cannabis as contraband in Delaware is not in the public’s interest,” said Jax James, the state policies manager for the National Organization for the Reform of Marijuana Laws, in a statement. “It is vital that the legislature push back and override Gov. Carney’s veto.”

Advocates took issue with Carney’s justification, pointing out that the bill made no change in state laws prohibiting youths under 21 from accessing cannabis. Under current state law, youths possessing cannabis are guilty of a violation that can be corrected by counseling instead of a fine.

They also noted that Carney was willing to speak out against the traffic stop of a majority Black women’s lacrosse team from Delaware State University in Georgia, where authorities stopped the women and searched their team vehicle for cannabis, according to video of the traffic stop.

“Yet he has decided to veto legislation that would stop this very type of pretextual searches at home in Delaware,” James said.

Cannabis remains illegal under federal law despite early indications from President Joe Biden, a former senator from Delaware, that he would pursue policy reform while in the White House.