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Marijuana legalization bill fails in State House vote

Delaware Public Media

Legislation legalizing recreational marijuana came up short in a State House vote failing to get the three-fifths vote necessary to pass.

The bill would have allowed Delawareans age 21 and older to legally possess up to an ounce of marijuana.

The 23-14 vote came after Democrats shot down a series of amendments from Republican State Rep. Michael Smith (R-Newark). Several of his proposals would have made it more difficult for people with certain felony convictions to get a license for a marijuana business. Smith says he could have been a “yes” vote.

"I went to roll call on those amendments just to prove you guys don’t care about bipartisanship and this state needs to change.  And I hope people remember this moment because you killed the legalization of marijuana," he said on the House floor.    

Several members including two Democrats, State Rep. Stephanie Bolden and State Rep. William Bush, abstained from voting which also hurt the measure's chances. The Democratic Speaker of the House Peter Schwartzkopf voted against the bill.

In a statement, the bill’s sponsor State Rep. Ed Osienski (D-Newark) said he was disappointed with the vote but would continue to work on the issue.

Under House rules, Osienski has three days to change his “yes” vote to a “no,” a procedural move that could revive the legislation. He could also refile the bill.

Osienski has advocated for the legalization of marijuana for several years. Last year, his efforts stalled after a debate over social equity measures.

"For the past two years, we have listened to the concerns from communities that for decades have been negatively impacted by the prohibition of marijuana to try to undo some of the harm done and ensure these same communities will benefit from the new legal market," he said Thursday.

The latest version of the bill would have relaxed certain standards and set aside a certain number of licenses for those communities.

Even if the General Assembly is able to reconsider the bill and pass it, there’s no guarantee Gov. John Carney would sign it. He’s expressed opposition to legalizing marijuana.

Rebecca Baer comes Delaware Public Media from The Florida Channel in Tallahassee where she covered state government and produced documentary features for the series, Florida Crossroads.