WILMINGTON — Gov. John Carney vetoed House Bill 371 on Tuesday, further delaying marijuana legalization and regulation in the First State.

HB 371 passed in both the House of Representatives and the Senate earlier this month and would legalize the use of marijuana, removing all penalties for the possession of 1 ounce or less, except for those who are under age 21. The bill was introduced alongside HB 372, which addresses the tax and regulation side of the legislation, after a previous legalization proposal, HB 305, was defeated March 10.

“I recognize the positive effect marijuana can have for people with certain health conditions, and for that reason, I continue to support the medical marijuana industry in Delaware. I supported decriminalization of marijuana because I agree that individuals should not be imprisoned solely for the possession and private use of a small amount of marijuana — and today, thanks to Delaware’s decriminalization law, they are not,” Gov. Carney said in a statement.

“That said, I do not believe that promoting or expanding the use of recreational marijuana is in the best interests of the state of Delaware, especially our young people. Questions about the long-term health and economic impacts of recreational marijuana use, as well as serious law enforcement concerns, remain unresolved.”

Though Gov. Carney has vetoed HB 371, there is still a chance the General Assembly could override the veto. To override a governor’s veto in Delaware, a three-fifths majority vote is required in the House and the Senate. HB 371 received three-fifths majority support in both chambers, though it is unclear if lawmakers will pursue a veto override.

The vetoing of HB 371 marks the fifth time that an adult-use cannabis reform bill has failed in Delaware. The first came in 2014 with then-House Bill 371, sponsored by Rep. Helen Keeley, D-South Wilmington, and Sen. Margaret Rose Henry, D-Wilmington, who have since retired.

Gov. Carney said he respects the legislative branch’s role in the process, and despite those who may feel differently than he does, he has been clear on his views regarding marijuana even before taking office and has reiterated those views many times.

Lawmakers vowed to continue pushing for the end of marijuana prohibition, including HB 371’s additional sponsor Sen. Trey Paradee, D-Dover, and Senate President Pro Tempore Sen. Dave Sokola, D-Newark.

“We are disappointed by Governor John Carney’s decision to ignore the will of Delaware voters and the will of their elected representatives in the Delaware General Assembly,” said Sens. Paradee and Sokola in a joint statement Tuesday.

“While his veto of House Bill 371 will not stop adults from consuming marijuana, it will help to preserve the illegal drug market created by 50 years of prohibition and criminalization that historically has been unjustly and inequitably applied to communities of color. The questions Governor Carney raised have been resolved in 18 states and the District of Columbia, which are all creating jobs through a legal and well-regulated cannabis industry. The members of the Delaware General Assembly have been fighting for years to end the failed war on marijuana and we will not be stopped by this latest setback.”

Delaware Democratic Party Chair Betsy Maron acknowledged that Gov. Carney has been steadfast on his opinion regarding the recreational use of marijuana, though she remained confident that lawmakers would override his veto.

“While Governor Carney has been consistently clear about his stance on recreational marijuana, Delaware Democrats have been just as consistently clear that they are in favor of legalizing marijuana,” Ms. Maron said.

“Last year, we went as far as to include it in our Party Platform, which passed unanimously at the 2021 State Convention. Delaware’s voters have further solidified their voice on the matter by electing Democratic candidates to the legislature that support legalization. We are confident those legislators will override the veto knowing they have the support of Delaware’s Democrats.”

The decision received pushback from a variety of advocacy groups and community organizations. Delaware Cannabis Advocacy Network President Zoe Patchell said Gov. Carney’s veto will lead to more invasive stops and searches by police, breeding further disrespect of these procedures.

“This is a sad day for democracy in Delaware,” Ms. Patchell said.
“He’s simply on the wrong side of history on this issue, and there’s more than enough research to show that cannabis is considerably safer than alcohol which he has absolutely no problem with.”

Ms. Patchell continued, “There’s documented cases where people have been stripped and searched based on the odor of cannabis, and that’s what Gov. Carney is allowing to continue here in the state of Delaware by subverting the will of the majority of Delawareans and the three-fifths supermajority of lawmakers who passed this piece of legislation.”

Executive director of the American Civil Liberties Union of Delaware Mike Brickner said Black Delawareans are four times more likely to be arrested for cannabis than white Delawareans, and that by vetoing the bill, the state is perpetuating racist policy that criminalizes communities of color.

“Governor John Carney’s veto of HB 371, the cannabis legalization bill, is an affront to the lawmakers, advocates and residents of Delaware who have shown consistent and overwhelming support for this measure. The criminalization of cannabis has been a tool of the failed, racist War on Drugs, which has caused irrevocable harm to our Black communities,” Mr. Brickner said.

Delaware Center for Justice Director of Policy Kailyn Richards called on the House and Senate to override Gov. Carney’s veto in a statement on Tuesday, stating it was time to end the racist and abusive legacy of marijuana prohibition.

“The Governor’s veto on this bill is an unfortunate reminder to communities that DCJ works with that they are subject to a different set of rules. We know that poor communities and communities of color experience police harassment and arrest for marijuana at disproportionate rates than those of white affluent communities, despite usage rates being almost the same,” the statement said.

“To hold up progress on this issue, is to hold up the racist and abusive legacy of marijuana prohibition that has wreaked havoc on our state and our country. DCJ calls on the legislature to override this veto, and to ensure that House Bill 371 is signed into law with due haste. We further call on the legislature to pass a companion bill that sets up a safe and legal marketplace. It is well past time to legalize marijuana, to expunge ALL marijuana charges on records, and to begin the work of righting the wrongs that prohibition has caused.”

When speaking to the Delaware State News last week, the bill’s primary sponsor, Rep. Ed Osienski, D-Newark, said there was a possibility Gov. Carney would veto, stating that should he do so, it would further complicate marijuana legislation in Delaware.

After HB 371’s counterpart, HB 372, failed in the House by just one vote Thursday, Rep. Osienski vowed to continue fighting for marijuana legalization and regulation in the First State. He said HB 372 would be heard once the General Assembly returns from their recess in June, though that is now uncertain, following the veto.