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Delaware House majority votes to legalize cannabis, but bill fails

Jun 28, 2018

DE, Delaware, Delaware House of Representatives, expungement, HB 110, Helene Keeley, legalization, Margaret Rose Henry, Marijuana Control Act, SB 197, Tax and Regulate


On the evening of June 27, the Delaware House of Representatives voted 21-15 (with five not voting) to legalize, tax, and regulate marijuana for adults. This was only the third time that the majority of a state legislative chamber voted to legalize and regulate marijuana!

Unfortunately, however, a majority was not enough. A three-fifths supermajority — 25 votes — is required for any Delaware bill that includes taxes and fees.

While we are disappointed that this will not be the year Delaware legalizes marijuana, together we’ve made tremendous progress. This is an election year, and we’ll be putting together a candidate questionnaire and voter guide, so stay tuned! Helping elect allies is an important way to make sure prohibition ends sooner rather than later in Delaware.

If you are a resident of Delaware ...

Please take a moment to email your state representative to thank them if they voted “yes” or to politely express disappointment if they didn’t. (Many voters and lawmakers alike evolve on the issue, and it’s crucial that we don’t alienate lawmakers.) Once you type in your contact information, a draft email will appear based on how your representative voted.

You may also want to send a note of gratitude to the remarkable legislative champions, Rep. Helene Keeley and Sen. Margaret Rose Henry, to thank them for their relentless work. They are both retiring from the legislature, and they championed both medical cannabis and decriminalization, too.

In other news, a bill to make it easier to expunge marijuana possession convictions passed the Senate in May and is on the House floor now. Please also call your representative to ask them to vote “yes” on SB 197 so that Delaware will stop derailing dreams for conduct that is decriminalized.