DOVER — Nearly a month after legislation to legalize recreational marijuana in Delaware was defeated in the House of Representatives, two newly introduced bills intend to accomplish that same goal.

House Bill 371 and House Bill 372 were introduced to the House of Representatives on Thursday and aim to remove the prohibition of marijuana while regulating and taxing it in the same manner as alcohol.

The sponsor of both bills, Rep. Ed Osienski, D-Newark, stated that some of his colleagues did not support the legalization of marijuana, however, they supported the regulation of recreational marijuana should it be legalized. For this reason, Rep. Osienski decided to take elements from last month’s failed House Bill 305 and split the legislation into two.

“It was my preference to pass this legislation like in HB 305 and do it all in one piece of legislation,” Rep. Osienski said.

“I think the whole idea of breaking it up into two is allowing those that have concerns about legalization to have the opportunity to vote no on it, but then have the opportunity to vote yes on regulation.”

Out of the two pieces of legislation, HB 371 would legalize the use of marijuana and remove all penalties for the possession of one ounce or less, except for those who are under 21 years of age. The bill prohibits the use of marijuana in public, by drivers or passengers in vehicles, and the smoking of marijuana anywhere that smoking tobacco or e-cigarettes is not permitted.

The bill also states that there will be no criminal or civil penalty for exchanges of an ounce or less of marijuana between people over the age of 21, however, possession of more than an ounce and public consumption of marijuana remain unclassified misdemeanors.

HB 371 would require a simple majority vote unlike HB 305, which required a three-fifths majority vote due to tax clauses within the legislation. Rep. Osienski said he is hopeful that the legislation will eventually pass given the fact that 21 House Democrats have joined him as co-sponsors of the bill.

HB 372 would implement taxes and regulations that promote the sale of marijuana, provide licenses to small businesses in the marijuana industry, and provide equal access to the marijuana industry in communities that have been negatively affected by the prohibition of marijuana.

The bill would create a retail marijuana market that would permit the operation of marijuana businesses should they operate under a license, though these businesses would be subject to the same limits on hours and holiday sales that apply to alcohol.

Much of the legislation’s language under HB 372 is similar to that of HB 305, according to Rep. Osienski, who said that similarities include a 15% marijuana enforcement control fee and social equity measures that direct 7% of marijuana tax revenue to a justice reinvestment fund.

Rep. Osienski said he is hopeful the legislation will garner the required three-fifths majority support for HB 372, noting the previous version of these bills fell just two votes short last month.

HB 305 would have legalized and regulated marijuana under the Delaware Marijuana Control Act but failed to receive the required three-fifths majority vote to pass. HB 305 received a vote of 23 for, 14 against and four not voting in the House. Rep. Michael Smith, R-Pike Creek, who allegedly promised to vote “yes,” chose not to vote after introducing three amendments to the bill that were defeated.

After the bill failed last month, co-sponsor Sen. Trey Paradee, D-Dover, spoke at the 20th Annual Legislative Luncheon to express his feelings that the legislation was a missed opportunity for Delaware taxpayers and a gift for the state’s illegal sellers of marijuana.

“This bill going down is essentially a multi-million-dollar gift to drug cartels and illegal growers. Delaware taxpayers are being deprived of upwards of beyond $30 million a year in tax revenue,” Sen. Paradee said.

“We’re going to continue to try to pass this bill in some form.”

This legislation marks the fifth time that an adult-use cannabis reform bill has been introduced in the state of Delaware. The first bill was presented by since-retired Rep. Helen Keeley, D-South Wilmington, and Sen. Margaret Rose Henry, D-Wilmington, in 2014, and since then, Rep. Osienski has sponsored four attempts.

The legalization of marijuana is a measure that has garnered support nationwide, especially among organizations such the Delaware Cannabis Advocacy Network. The organization’s board chairwoman and president Zoe Patchell said HB 371 and HB 372 are both long overdue, and now is the perfect time to pass these measures for Delawareans.

“Four efforts to legalize cannabis over six years have proven that the Delaware Constitution’s filibuster-like 60% threshold to implement the taxes and fees associated with a regulated market, a safeguard originally intended to prevent government overreach, is now being used by a small group of lawmakers to either obstruct the measure, or use it to create leverage in attempts to include unpopular amendments to the legislation,” Ms. Patchell said.

“The gridlock that has been created over aspects of the creation of a regulated market, despite supermajority support by the public, has had a significant adverse impact on Delawareans”

Ms. Patchell commended Rep. Osienski for taking the two-bill approach, stating it ensures that expanding the rights and freedoms for adults and ending unnecessary police encounters for cannabis possession will no longer be held up due to disagreements regarding the regulation of the market.

HB 371 was assigned to the House Health & Human Development Committee and HB 372 was assigned to House Revenue & Finance Committee where the committees will vote on each piece of their respective legislation.

Rep. Osienski said he expects the two bills to make it out of committee, and should that happen, the bills will be placed on the ready list where the House chamber will vote on the legislation.

“Legalization is important. I think the prohibition on marijuana has been very harmful,” Rep. Osienski said.

“The war on drugs, at least for marijuana, has been nothing but harmful, and that’s why this is the right thing to do.”