Dr. Kevin A. Sabet is the president and CEO of Smart Approaches to Marijuana and a former policy adviser to Presidents Bill Clinton, George W. Bush and Barack Obama.t
The Delaware legislature recently passed two bills, House Bill 1and House Bill 2, to legalize and commercialize marijuana in the First State. Now, Gov. John Carney, a longtime defender of public health, has until April 22 to act on HB1 and April 26 to act on HB 2. We urge Gov. Carney to veto these bills to safeguard public health and safety, as he courageously did last legislative session.
HB 2, the bill that would welcome the marijuana industry into Delaware, includes six arguments for why the drug should be produced, promoted and put on sale. However, these arguments are based on falsehoods and half-truths. By rebutting them, the general public and Gov. Carney can better understand why legalization is not in the best interests of Delawareans.
First, the bill argues, “The creation of a legal, regulated marijuana industry would effectively eliminate the illegal market for marijuana in Delaware.” However, this claim has been repeatedly proven false in states that have experimented with legalization. Roughly 90% of marijuana sales in Massachusetts were in the black market, in addition to 78% of sales in California and more than half in Oregon and Washington. In New York City, recreational legalization led to a surge of 1,400 illegal marijuana shops, an outcome that allowed illicit actors to move into town and operate under the guise of legitimacy.
Next, the bill argues, “The legalization and regulation of marijuana would address criminal justice concerns related to criminalization and prohibitions.” However, data from the American Civil Liberties Union shows that “racial disparities persist in every state that has rolled back marijuana prohibition — and in some cases, disparities have worsened.” This was the case in Delaware after it legalized medical marijuana in 2011 and decriminalized the possession of marijuana in 2015. Between 2010-18, the disparity in the Black-White arrest rate in Delaware increased from 3.00 to 4.15, surpassing the national average of 3.64. Recreational legalization is unlikely to close this widening disparity and may even exacerbate it.
Similarly, the bill contends, “It is the responsibility of the General Assembly to ensure that Delawareans most impacted by prohibition are guaranteed access to the legal marijuana market.” However, perhaps to your surprise, the fact remains that only 2% of marijuana businesses are owned by Black people. Sen. Cory Booker, D-N.J., recently acknowledged, “Marijuana business in the United States of America is overwhelmingly nondiverse, White male.” The marijuana industry is not inclusive of racial minorities, and we don’t see that happening in Delaware.
Further, the bill declares that legalization “has generated a multi-billion dollar industry and yielded more than 38,000 well-paying jobs in Colorado and 22,000 jobs in Washington.” However, this estimate from Leafly, a pro-legalization publication, is inflated. Leafly added “indirect jobs” in “public relations, lobbying,” as well as “security, maintenance, and construction,” among many others, all of which would exist regardless of legalization. This estimate fails to account for the possibility that legalization will displace existing jobs, potentially leading to a net loss.
The bill also points to how “marijuana has been legalized in neighboring states including New York, New Jersey, and Maryland.” While some states opted to violate federal law by legalizing marijuana, many more have not. What’s more, in New York, 50% of communities ban marijuana dispensaries, and 58% prohibit consumption sites. In New Jersey, 71% of towns ban dispensaries. Thus, while some states have legalized marijuana, it remains unpopular at the local level there.
Lastly, the bill maintains that “Delaware recognizes the economic benefits of a legal marijuana market as well as the importance of regulating the substance.” However, the purported economic benefits of legalization are negligible. In Colorado, marijuana tax revenue accounts for 1.30% of the state budget, and in Washington, it accounts for 1.03%. Every $1 in tax revenue is associated with $4.50 in costs, ranging from more health care expenses to lost productivity. Legalization will not be a windfall for Delaware, which already has a surplus of more than $650 million.
Legalization gives the false impression that marijuana use is safe. This is especially dangerous for young people, whose developing brains are particularly at risk of negative mental health consequences of marijuana use.
Today’s marijuana has been genetically modified to maximize THC, the psychoactive substance that produces a high. In the 1970s, THC potency was about 2%-5%, but dispensaries are now selling products that claim to be 99% THC potent. We know based on decades of scientific data and research that high-potency THC is associated with the worst physical and mental side effects, including anxiety, psychosis and schizophrenia. Commercialization serves as an incentive for these massive addiction-for-profit companies to produce this highly potent product.
Gov. Carney has been steadfast in his opposition to marijuana. After he vetoed legalization last legislative session, he said, “Questions about the long-term health and economic impacts of recreational marijuana use, as well as serious law enforcement concerns, remain unresolved,” adding, “I have been clear about my position since before I took office, and I have articulated my concerns many times.”
The science and evidence against legalization remain unchanged. We see no compelling reason for Gov. Carney to flip his position on the issue.
Every year or two, the marijuana industry peddles half-baked arguments to mislead the general public into supporting legalization. Gov. Carney, however, has stood as a beacon of sensibility, rejecting these arguments and championing a health-first approach to drug policy. We urge him to push back against pressure from the marijuana industry and veto HB 1 and HB 2.
