By Matt Bittle

DOVER — Fourteen states plus Washington, D.C., have legalized marijuana.

Is Delaware next?

Legislation filed Thursday would allow adults to use cannabis recreationally in the First State, following the 2011 creation of a medical marijuana program and the 2015 passage of a bill decriminalizing possession of small amounts of cannabis.

Attempts to legalize the drug in the two prior General Assembly sessions failed, though the sponsors believe this time around will be different.

House Bill 150 would let individuals age 21 and older buy up to 1 ounce of marijuana from licensed retail stores. The legislation would establish a 15% tax, though retailers would otherwise be able to set their own prices.

Delawareans would not be allowed to grow their own cannabis.

Using marijuana in public or a vehicle would remain against the law, and employers would still be able to make their own policies prohibiting usage. Also, municipalities could pass ordinances preventing marijuana facilities from operating within their borders.

The state’s medical marijuana program would remain unchanged.

“It is going to happen here, and once you understand that it is going to happen, the only reasonable conclusion is that we need to do it now,” Sen. Trey Paradee, a Dover Democrat serving as the prime Senate sponsor, said during a virtual news conference Thursday. “It is the smart and responsible thing for the legislature to do.”

The main sponsors believe they have the necessary votes (25 in the House and 13 in the Senate) to pass the bill. Gov. John Carney does not support it, but backers believe he would not veto the proposal, which is set to be heard in a House committee Wednesday.

The measure would regulate marijuana like alcohol, creating a separate Office of Marijuana Control and commissioner position under the Division of Alcohol and Tobacco Enforcement.

Up to 30 retail licenses would be issued within 16 months of the bill’s effective date, with applicants selected based on a series of criteria, including the wages paid to employees and the diversity of the workforce.

The initial licenses would fall into three categories: open competition, social equity and microbusiness.

The social equity licenses would be reserved for individuals who live in areas “disproportionately impacted” by marijuana prohibition. The specific locations would be selected by the Delaware marijuana commissioner, who would be appointed by the governor, based on areas “that have high rates of arrest, conviction, and incarceration relating to the sale, possession, use, cultivation, manufacture, or transport of marijuana.”

Licenses would also be set aside for people who were convicted of a marijuana-related crime or are closely related to someone convicted of such an offense.

Microbusiness licenses would give priority to local small businesses, effectively mimicking the microbrewery model, so as to prevent “Big Marijuana” from dominating the industry.

Revenue would be sent to the state’s general fund rather than being reserved for specific programs or entitlements.

It’s unclear exactly how much money legalization would bring in. State Auditor Kathy McGuiness released a report in January predicting it could generate $43 million in annual tax revenue and result in at least 1,400 new jobs, though some have questioned the report’s methodology.

“Support for adult recreational marijuana has been growing for years in Delaware and across the country. We have seen other states successfully enact policies that established a safe and legal market for cannabis, and we have studied those laws to craft the best policy for Delaware,” said Rep. Ed Osienski, a Newark Democrat and the House sponsor. “We believe we have a solid bill that has the support of the public, and we believe we have the political will to pass this bill into law.

“We would be establishing a new industry that will create good-paying jobs for Delawareans, while striking a blow against the marijuana illegal market. We also listened to concerns from communities that have been historically impacted by the prohibition of marijuana, and to promote equity, we have included provisions, so they can participate in this new market.”

The sponsors said they have tried to learn from other states, adopting things that worked and avoiding policies that didn’t.

Backers believe legalization would seriously hinder the black market, touting the bill not as a revenue generator but as a social justice and jobs initiative.

A 2013 American Civil Liberties Union report found that Black Americans are about as likely to use marijuana as their White counterparts are. However, the report showed that Blacks are 3.73 times more likely to be arrested for possession of the drug.

Public attitudes toward cannabis have changed dramatically in recent years: A Gallup poll conducted in the fall reported that 68% of Americans are in favor of legalization, double the percentage from 2003. Democrats and independents in particular are strong supporters of the concept.

Locally, a 2018 survey from the University of Delaware’s Center for Political Communication found that 61% of residents here back legalization, something Sen. Paradee noted Thursday.

In general, the bill is opposed by law enforcement and the business community. Most Democratic lawmakers are onboard, while a majority of Republicans oppose the concept.