Delaware Marijuana Legalization

DELAWARE - Governor Carney has announced he will allow the passage of both HB 1 and HB 2 without his signature, legalizing marijuana in Delaware. The legislation that legalizes marijuana usage for adults in Delaware and creates the framework for its sale and regulation will both become law.

“In the coming days, I will allow House Bill 1 and House Bill 2 to be enacted into Delaware law without my signature, " Carney said in a statement. "These two pieces of legislation remove all state-level civil and criminal penalties from simple marijuana possession and create a highly regulated industry to conduct recreational marijuana sales in Delaware. 

Gov. Carney had until tomorrow night to make his decision on HB 1 and until Tuesday for HB 2. Under the Delaware Constitution, if a Governor takes no action on passed legislation after 10 days, that legislation automatically becomes law.

The bills will automatically become law in the state without the governor’s signature in a historic victory for Delaware cannabis advocates. Delaware will be the 22nd state to legalize marijuana usage.

Carney previously vetoed marijuana legislation in 2022. Democrats in the Delaware General Assembly attempted to override that veto, but failed to reach the necessary 3 / 5 majority vote. It was unclear if they would succeed in another override this time around, but Carney’s inaction on the bill renders that permanently moot. 

HB 1 removes all penalties for use or possession of up to one ounce of marijuana by Delawareans 21 and older. Public usage and private growing of marijuana for personal use will remain illegal under the bill.

HB 2 will create the framework under which a recreational marijuana industry could be formed and regulated in the state.

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