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Did Delaware’s Governor Veto A Cannabis Legalization Bill In 2022?

Dover, DE: Democrat Gov. John Carney has vetoed legislation, House Bill 371, that sought to eliminate penalties for the possession of up to one ounce of cannabis by adults.

His decision was not altogether unexpected, as the Governor has long expressed opposition to legalizing marijuana. “I have been clear about my position since before I took office,” he wrote in his veto message. “I do not believe that promoting or expanding the use of recreational marijuana is in the best interests of the state of Delaware, especially our young people.”

The bill did not in any way amend existing laws with respect to the possession or use of marijuana by young people. (State law defines marijuana possession by juveniles as a civil violation, punishable by counseling in lieu of a monetary fine.) The measure would have eliminated civil penalties for those age 21 or older who possess up to one ounce of cannabis.

Laura Sharer, Executive Director of Delaware NORML, said that advocates will work with members of the General Assembly to try to override the governor’s veto. “We’re urging our General Assembly to see through this process, no matter the hurdles. Delawareans should not be left to bear the unjustifiable human costs of life-altering police stops, searches, and arrests for cannabis, a non-toxic plant.”

House Bill 371 had been advanced by super-majorities in the Delaware House and Senate. However, Delaware lawmakers have historically been reluctant to override the governor’s vetoes.

Separate legislation (HB 372) that seeks to legalize and regulate the retail sale of marijuana and marijuana products is still pending before lawmakers, but experienced a setback last week. Previous attempts to pass legislation to regulate and tax marijuana sales stalled in the Senate, which requires a three-fifths majority vote to approve any measure that establishes new taxes.

NORML’s State Policies Manager Jax James said: “Continuing to define cannabis as contraband in Delaware is not in the public’s interest. It is vital that the legislature push back and override Gov. Carney’s veto.”

Additional information is available from Delaware NORML.


NORML advocates for changes in public policy so that the responsible possession and use of marijuana by adults is no longer subject to criminal penalties. NORML further advocates for a regulated commercial cannabis market so that activities involving the for-profit production and retail sale of cannabis and cannabis products are safe, transparent, consumer-friendly, and are subject to state and/or local licensure. Finally, NORML advocates for additional changes in legal and regulatory policies so that those who use marijuana responsibly no longer face either social stigma or workplace discrimination, and so that those with past criminal records for marijuana-related violations have the opportunity to have their records automatically expunged.

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Source: NORML emailed press release