Delaware Gov. John Carney has expressed opposition to legalizing adult-use cannabis, but the democratic executive’s resistance might not matter—at least when it comes to possession.
That’s because legislation to legalize the possession of up to 1 ounce of cannabis for adults 21 and older got the thumbs up from the state Senate May 12, when the body’s members voted, 13-7, to send the bill to Carney’s desk.
The legislation, House Bill 371, also cleared the House on a 26-14 vote May 5, meaning each chamber showed the three-fifths majority support necessary to override a possible veto from the governor, who has 10 days to review the legislation.
Following the Senate’s passage, Carney’s Communications Director Emily David Hershman did not say whether the governor would veto the bill, The Associated Press reported.
“We’ll review the bill, but the governor’s position hasn’t changed,” Hershman said after Thursday’s vote.
Sponsored by Democratic Rep. Ed Osienski, H.B 371 specifically adds a provision to the state’s Uniform Controlled Substances Act that provides that there will be no criminal or civil penalty for transfers of 1 ounce or less of cannabis between those 21 and older, as long as no money is involved in the transfer.
Under current Delaware laws and penalties, possessing up to 1 ounce of cannabis is a civil penalty punishable by a maximum $100 fine with no possibility of incarceration.
Meanwhile, using or consuming cannabis in public or in a moving vehicle would remain a misdemeanor punishable