With the Delaware regular legislative session coming to an end on June 30, the recreational cannabis legalization bill, HB 150, dies without a vote. The bill, originally introduced and passed by the House Health and Human Development committee, had been scheduled for a House vote on June 10th. However, the bill’s sponsor, Representative Edward Osienski (D), added a new amendment. Because of this, the bill received a delay in its vote. It never made it back onto the House schedule and lost several pledged votes after Representative Osienski added the amendment. So, HB 150 dies and recreational cannabis remains illegal in Delaware for another year. 

Proposed Amendment

When originally introduced, HB 150 included language to create a social equity fund to help promote those most severely affected by prohibition to participate in the cannabis industry. However, the bill needed more than 75 percent of House Representative approval to pass because of the social equity fund. Trying to appease more Representatives to pass HB 150, Representative Osienski submitted a new amendment. This amendment removed the social equity fund from the bill. 

In doing so, several of the Black Caucus members, including Senators and Representatives, became outraged at this change. They had supported HB 150 because of the social equity fund. Now without the fund, the bill would center on helping white people instead of “truly creating a melting pot,” according to Black Caucus Chair Representative Kendra Johnson (D).

Continued Pushback

Even with the removal of the social equity fund, HB 150 would still need to receive a 60 percent approval. Tax provisions are included in the bill. These include taxing cannabis sales and allocating where the funds would go after the state had received them. 

If HB 150 passed the House and the Senate, Governor John Carney (D) would most likely veto the bill. Governor Carney is one of the few democratic governors who is against recreational cannabis legalization. He joins Hawaii Governor David Ige and Louisiana Governor John Bel Edwards. 

With so much pushback, HB 150 had a high chance of not becoming law this year. It looks like activists will have to wait another year for recreational cannabis legalization.

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