Bill to legalize marijuana in Delaware: A quick overview

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House Bill 110, to legalize possession and consumption of marijuana in Delaware, faced a steep uphill battle to passage, with Gov. John Carney previously saying he's opposed to the measure. But here's what lawmakers voted on Wednesday:  

  • Those 21 and over could legally possess, purchase, transport and consume under 1 ounce of marijuana for personal use. 
  • They would not be able to possess more than 5 grams of concentrated product. 
  • Growing personal marijuana would not be allowed. 
  • Those ages 18-20 would face the existing civil penalty for adults for possession of 1 ounce or less. 
  • Businesses could, with proper licensing, grow and sell marijuana and sell marijuana products, with the same limits on hours and holiday sales as those for alcohol establishments. 
  • Businesses licensed to sell alcohol could not also sell marijuana. 

The law would have created a marijuana oversight committee that would have dealt with the safe operation of businesses, public safety, and the impact on public health. The Department of Safety and Homeland Security would have added a Division of Marijuana Control and Enforcement, which could have held hearings if neighbors protested a marijuana business. 

Products would have had to: 

  • Clearly label that they contained marijuana
  • Use a standard measurement for the concentration 
  • Be in opaque, child-resistant packaging
  • Contain a warning label explaining harms of consuming marijuana, including the impact on developing brains

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An application fee for licenses would have been up to $5,000, the same as with the medical marijuana program, and there would have been a $10,000 annual fee. 

Local governments would have been able to license and set rules for marijuana businesses, with the same procedure as for those that sell alcohol. 

A tax on marijuana would have gone to fund the Division of Marijuana Control and Enforcement. Remaining funds would have gone to the Department of Education and the Department of Health and Social Services.

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