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McGuiness questions legal pot despite dispensary dreams

Courtesy of McGuiness campaign

Democratic Lt. Gov. candidate Kathleen McGuiness was hesitant to support fully legalizing marijuana during a debate Monday night, despite aggressively pursuing the opportunity to run the state’s only medical dispensary two years ago.

“I am a pharmacist. I do understand the benefits of medicinal marijuana,” said McGuiness, before suggesting recreational marijuana is an issue that should be decided by a popular vote.

Delaware’s constitution does not allow for direct citizen referenda, though.

McGuiness’s comments came after fellow Lt. Gov. candidate Brad Eaby spoke about his intention, if elected, to push for a law fully legalizing marijuana during the WDEL debate.

In 2013, Gov. Jack Markell (D) authorized state health officials to only open one medical marijuana dispensary as a pilot facility despite state law requiring one in each county. That means the winning bidder would, at least temporarily, have a monopoly on Delaware’s medical marijuana industry.

McGuiness would have served as the CEO and executive director of The Giving Tree – First State Compassionate Care, Inc.

She and her team proposed five potential locations: Two sites in Dover, two locations in Lewes and one in Camden.

Two members of the General Assembly also wrote glowing letters of recommendation on state letterhead relating to McGuiness’s capability.

“Her compassion for her customers and willingness to provide expert, highly professional care, with a focus on wellness issues, makes her and the team she has assembled, a perfect choice for the dispensary license,” wrote House Speaker Pete Schwartzkopf (D-Rehoboth Beach).

He continued, “…I urge selection of The Giving Tree-Compassion Care of Delaware as the licensee and operator of the state’s first medical marijuana dispensary.”

McGuiness also previously worked on Schwartzkopf’s political campaigns. Her other letter of recommendation came from Sen. Ernie Lopez (R-Lewes).

In total, seven bidders vied for the sole initial dispensary license. McGuiness and The Giving Tree-Compassion Care of Delaware's bid was one of three that included references from state legislators.

First State Compassion Center, which was backed by Rep. Steve Smyk (R-Milton), eventually won the contract and opened its Wilmington-area dispensary in June 2015.

In a statement, the McGuiness campaign said, "As a licensed pharmacist, Kathy supported the legalization of medical marijuana for chronic disease management. Legalizing marijuana for medical use is not the same as legalizing marijuana for recreational use."

"Even if Kathy had been awarded the contract, the dispensary would have been not-for-profit per the state law," the campaign said.

State health officials are currently accepting bids for a second, and possibly third, dispensary through Sept. 15.

Pro pot advocates say they anticipate a bill fully legalizing marijuana appearing at some point when the General Assembly reconvenes in January. It’s unclear if such a proposal would become law, though.

Congressman John Carney (D), who is running for governor, says he only supports decriminalizing the drug.

Another candidate, state Sen. Colin Bonini (R-Dover South), says he would sign a legalization bill if it earmarked tax revenue for addiction treatment services.

His opponent, Lacey Lafferty, rejects loosening any restrictions on marijuana.

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