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From the Desk of Executive Director Bryon Short

From the Desk of Executive Director Bryon Short - April 28, 2023

Over this past weekend, Governor Carney allowed adult possession and use of recreational cannabis to become law without his signature. Over the past six years the governor has maintained his opposition. Having passed the General Assembly twice now, he felt that it was time to move past the debate in Delaware. This comes as New Jersey already has retail stores in operation and Maryland is scheduled to begin retail sales this summer. The governor’s decision on this session’s legislation does not come as a surprise to most.

I know I’ve covered the bills various iterations in a number of my Punchlist Executive Director Reports but I want to again share some basic but important information now that HB 1 and HB 2 have become law. HB 1 makes it legal for adults to possess personal use quantities of cannabis in various forms. Adult possession and use is NOW legal in Delaware. Sales of cannabis for recreational use are not. HB 2, which will likely take about 1 ½ years to implement, will establish the framework for legal sales of cannabis to adults in Delaware.

An amendment DCA worked to ensure employers retain control of their drug policies passed along with the bill and is a part of the law. This means that even though adult use and possession is legal in Delaware, employers can still have a zero-tolerance drug policy if they wish. Given the number of states from Virginia to Maine that have legalized adult possession and use of cannabis, many of DCA’s members are already impacted by such laws.

DCA will keep our members informed of the regulatory process resulting from HB 2 but it may be time to make a review of your company’s drug policy. Maria Clyde, DCA member AssuredPartners/BHI, has provided a one-page guidance that briefly touches on this. DCA’s Education and Training Committee is developing an “Ask the Experts” to provide further guidance.

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