By Logan B. Anderson

DOVER — The Delaware House of Representatives voted Thursday to decriminalize recreational marijuana for Delawareans at least 21 years old.

In a 26-14 vote, the House passed House Bill 371. The measure, sponsored by Rep. Ed Osienski, D-Newark, specifically aims to remove penalties for the adult possession of small amounts of marijuana in the First State.

“This bill ends more than 50 years of prohibition and criminalization in Delaware and allows adults over the age of 21 to legally possess, consume and freely share under one ounce of marijuana for personal use,” Rep. Osienski said.

HB 371 would remove all penalties for possession of one ounce or less of marijuana, except for those who are younger than 21 years of age. Possession of more than one ounce of marijuana and public consumption remain unclassified misdemeanors.

Under current state law, the possession of one ounce or less of marijuana by a person 21 years of age and older carries a civil penalty of $100. That provision would be eliminated under HB 371. Possession, use or consumption of recreational marijuana by anyone not of legal age would still result in a civil penalty.

“During this very involved process, we have heard from numerous members of the public — advocates, veterans, retired law enforcement officers, educators and even faith leaders — who have overwhelmingly voiced support for legalizing adult recreational marijuana,” said Rep. Osienski. “Delaware is more than capable of successfully enacting policies for safe and legal cannabis. I’m grateful to the House for passing this bill and look forward to continuing this effort until Delaware is poised to establish a new, legal industry in our state.”

In addition, the act removes language referencing search and seizure authority. HB 371 also adds a provision to the Uniform Controlled Substances Act that provides that there will be no criminal or civil penalty for transfers of one ounce or less of marijuana between persons who are 21 years of age or older without payment.

Once the votes were tallied, the House of Representatives filled with the sound of applause. Previous attempts to pass similar bills have failed.

Regulating the legal industry of growing and selling cannabis would require a three-fifths majority vote in each chamber, and previous measures attempting to legalize and regulate marijuana have fallen short. However, because HB 371 does not have any taxation or revenue aspect to it, the measure only requires a simple majority, or 21 votes in the House.

Opponents of the measure on Thursday felt that the state should wait for the federal government to change its stance on marijuana before Delaware acts.

“For me, this is still a scheduled substance. The real issue needs to come from the federal level to try and correct this. Now we are going to have all of these different laws and different standards. I feel like we are going to have people innocently get trapped in a situation that we don’t want them to. What are the unintended consequences?” said Rep. Ruth Briggs King, R-Georgetown.

Rep. Steve Smyk, R-Milton, a retired Delaware State trooper, opposed the measure for similar reasons. He is concerned that decriminalizing marijuana now is an endorsement for the black-market cannabis trade.

“If we are going to introduce another intoxicant into society, how are we going to do that in a way that is not going to harm the public in which we serve?” Rep. Smyk said. “We still don’t have a means of offering (one ounce of marijuana) legally. Unless they have a marijuana card, they obtained it illegally. Illegal marijuana is a profit from organized crime … that same money from marijuana goes into protecting that profiteering to buy bullets that go into my fellow officers.”

HB 371 is part of an effort by Rep. Osienski and others to legalize recreational marijuana in Delaware.

A companion bill, House Bill 372, has cleared a House committee and could be acted upon in the House in the coming weeks. That bill would create a legal framework to regulate the cultivation, sale and possession of marijuana, and provide opportunities for small businesses to be licensed. HB 372 would require a three-fifths vote in each chamber.

Neither bill would change existing state law regarding driving under the influence of an illicit or recreational drug. They also would not allow individuals to grow their own plants. Public consumption of marijuana would still not be permitted.

Currently, recreational marijuana use is permitted in 18 states and the District of Columbia. Nearby states New Jersey, Virginia and New York have legalized adult recreational cannabis.

HB 371 will now head to the state Senate for consideration. Sen. Trey Paradee, D-Dover, is the bill’s Senate sponsor.

“This is a historic day for the state of Delaware and Delawareans across our state who, for years, have overwhelmingly supported the legalization of marijuana,” said Sen. Paradee in a statement released after Thursday’s vote. “Today, my colleagues in the House achieved what many naysayers believed was impossible just a few years ago. I want to thank my colleagues in the House for passing legislation to finally rid ourselves of the penalties that have long been unjustly and inequitably applied to people of color and taking what I hope will be another major step toward replacing the illegal marijuana market with a thriving industry that will create good-paying jobs for the residents of our state. I am fully committed to quickly passing House Bill 371 in the Senate and sending this groundbreaking legislation on to Governor Carney for his signature.”