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Full legalization of marijuana in First State appears years away

Delaware Public Media

Public opinion in the First State is on the side of those wanting to fully legalize marijuana in Delaware, but the state’s top elected official hasn’t embraced the policy. Delaware Public Media political reporter James Dawson explains why full legalization remains unlikely any time soon.

During his tenure, Gov. Jack Markell has stood in front of hundreds of cheering supporters at Legislative Hall, legally recognizing same-sex marriage with the stroke of his pen.

Markell met with parents of victims of the Sandy Hook massacre as they described the horror that befell their children to state lawmakers who eventually passed a handful of bills tightening state gun regulations at his request.

He embraced transgendered Delawareans as the General Assembly included gender identity among age, race and sexual orientation in the anti discrimination law – something just about a third of states have done.

But the second-term governor has been uneasy to embrace marijuana reform laws of any kind. He signed the only one passed during his tenure - legalizing the drug for medical purposes in 2011 –quietly without ceremony.

Shortly afterward, he withdrew his support, after federal officials issued a memo suggesting they would prosecute anyone associated with selling pot.

He eventually relented in 2013, saying that he would move forward with a pilot dispensary.

Over the past few years, the push to fully legalize recreational marijuana has gained steam, with western states mainly leading the charge.

But Markell has long said he’s not interested in fully opening the doors without further study.

In a recent interview with WHYY’s First, Markell solidly rejected the idea for the rest of his term.

“It’s not going to happen while I’m governor,” he said.

Speaking with Delaware Public Media, he noted that the end of his constitutionally limited second term is approaching, leaving him little time to fully weigh the pros and cons.

“A future governor may come to a different conclusion, but I just, I’m not going to know enough in the next two years because I think they will have not been up and running long enough for us to learn all the lessons from those states.”

One lesson Markell noted is the current scramble to further regulate foods or drinks laced with marijuana known as edibles.

Ingesting pot has different effects than smoking it and there are concerns that companies making these products don’t let customers know just how much of the drug they’re taking.

The industry has also come under heavy criticism for bright packaging, with subtle differences distinguishing the laced candy and soda from those you’d find in a grocery store.

Those are the types of kinks Markell says he wants worked out before taking the plunge, but that they’ll only be solved with time.

His statements haven’t been a shocker to pro-pot advocates including Cynthia Ferguson, executive director of the Delaware NORML chapter.

“He’s always taken a wait-and-see attitude about marijuana, so I wasn’t surprised. He was a little strong [saying], ‘Not on my watch,’ but I wasn’t surprised and most of us in the community weren’t surprised either,” said Ferguson.

She says that hesitancy is misplaced and that these states have been devoting money to further researching the drug and its effects.

Ferguson says the state can even benefit from a tax and regulatory system if put into place.

Revenue growth has been somewhat anemic over the past two years, but that’s not enough of an argument for Markell.

“What are the societal costs? And I just don’t know the answer to that and I think that’s part of the issue," he said. "I just don’t think you, to me, the increased revenue is not a sufficiently compelling reason to do this without understanding what the downsides are.”

But state lawmakers are paying attention to the issue– especially after a recent poll by the University of Delaware found 56 percent of Delawareans support full legalization.

In past interviews with Delaware Public Media, Rep. Helene Keeley, who is championing decriminalizing the drug statewide, has said she’s not in favor of full legalization at this time, but would “love” for Delaware to be the first in the Mid-Atlantic to do so.

“Is [support] more than 50 percent? Yes, it is. For me, that doesn’t necessarily speak to a mandate," said Keeley.

"If [the poll] said 75 or 80 percent, that’s pretty much a mandate.”
Markell says he will take a look at the decriminalization issue, but didn’t indicate leaning strongly one way or the other.

The governor has generally supported most hallmark Democratic issues, like tightening gun control regulations, supporting same-sex marriage and trying to fund statewide environmental cleanup efforts.

One divisive issue he’s remained mum on is whether or not to repeal Delaware’s death penalty, telling reporters two years ago that he’s still solidifying his position.

When asked directly about whether he feels he’s liberal or conservative on marijuana, Markell says he doesn’t like using those terms.

“I reject the labels of liberal and conservative. I’m happy to talk about where I am on a specific issue and so I think on marijuana, you’ve got plenty of very conservative people, some libertarians who have the view that we should go ahead and legalize.”

Supporters of legalization looking for Markell’s successor to the tide could find themselves disappointed.

Potential candidates chasing the open governor’s seat in 2016 haven’t been quick to embrace the idea either.

For the Democrats, Attorney General Matt Denn said he was interested in decriminalization, but would stop short of legalization.

Congressman John Carney commented that it should be up to the states during an October debate while running for reelection.

Representatives from Beau Biden’s campaign didn’t return emails seeking comment.

And Republican frontrunner Sen. Colin Bonini says that he doesn’t support it, noting that considering those policies “may lead to more drug use and addiction in our communities.”

Regardless, Markell says he sees the trend diverging away from his own views.

“I’d say it looks probably more likely than not that it would gain steam rather than reverse course and that is what it is," he said.

It may only be a matter of time before Delaware legalizes the drug, but the countdown is still being measured in years.

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