Is It High Time (Pun Intended) for Delaware to Legalize Pot?

Please note:  This is NOT a post about whether marijuana should be legalized.  That's a discussion we can have at another time.  For the record, I do fully support its legalization.  However, going from the assumption that it will happen in time, would it be a good idea for Delaware and its citizens?

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One of the surprises of the 2012 election came in the form of successful voter initiatives in two states, Washington, and Colorado, which legalized both the possession and use of marijuana on a recreational basis.

Although the Federal Drug Enforcement Administration (DEA) originally made noises about vigorously enforcing federal marijuana laws in those two states, it appears that a change of heart has happened.  President Obama's recent statements on marijuana make any such enforcement unlikely at this point.

Colorado's legal shops opened up on January 1, 2014, and sales were quite brisk the first day, according to news reports.  Although the state doesn't have official totals yet, it's estimated that the first week had more than $5 million in sales.  See the blurb here.

Washington State's Initiative 502 legalized possession of a small amount and designated the State's Liquor Control Board to develop regulations and licensing for retail establishments by December 1, 2013.  Those establishments are not yet open.

The State of Delaware does not have the initiative process, which would allow citizens to offer legislation or Constitutional amendments such as these to Delaware voters for passage.   The only way change can happen in Delaware is, therefore, through the General Assembly.

Whether it's wishful thinking or closer to reality, marijuana legalization could be on the legislative docket in Dover this year.  Rumor has it that such a bill is being drafted, but to date, no such legislation has been filed.  It's still early in the session, so anything might happen.

I took the opportunity to read Colorado's Prop 64, which you can read here.  It's a rather comprehensive set of provisions that will assign regulation to the Department of Revenue, or its successor, which:

• Provide for Marijuana Testing Facilities to ensure safety and potency.
• Provide for Marijuana Cultivation Facilities, establishing application and license fees.
• Provide for Marijuana Retail Stores, establishing application and license fees.

Further provisions do the following:

1. Restrict age, like alcohol, to 21 years and above.  Sales and/or transfers to minors would still be prohibited.
2. Keep laws prohibiting driving under influence of marijuana.
3. Legalize industrial hemp, a cousin that has less than 0.3% THC, the active ingredient in marijuana, and has many other uses, such as clothing, food, and rope.
4. Allow up to one ounce of marijuana for personal possession, and growing up to 6 plants for personal use, no more than three of which can be mature and flowering.
5. Remove penalties for possession of paraphernalia for smoking or otherwise ingesting.
6. Set a 15% excise tax, the first $40 Million each year to be used for school construction.
7. They do not require an employer to permit sale, use, transfer, or display of marijuana during working hours.
8. Permit employers, property owners, institutions, etc, to continue to regulate or restrict possession and use of marijuana on their property.

Kinda hits all the bases, doesn't it?   Safety, revenue, age restrictions, employer protections.

Does Delaware need extra revenue?  Sure.  Would this be one way to accomplish it?  Sure.  With Delaware's corporate headquarter status, could marijuana-based corporations not set up here, pay fees, and compete?  Why not?

A lot of states are looking at following Colorado's example, including our neighbor, Maryland. By moving forward to get the infrastructure begun, we can build on what they started and make it suitable for Delaware.

Do we have legislators who would introduce such a bill for us?  Can it be done this session? And, once such a bill would get introduced, do we have the manpower to lobby for its passage?

I don't have the answers for that, but, if someone does, please take it and run with it!  I'm certainly willing to help!