Colin Bonini on Drugs

Keep penalties for less than an ounce of marijuana

NORML summary May 12, 2022: The Delaware Senate approved legislation to remove criminal and civil penalties for adult possession of marijuana. The overwhelming majority of Delaware residents support ending their state's failed prohibition on marijuana.

Spectrum News BN9 on veto message, May 24: "I do not believe that expanding the use of recreational marijuana is in the best interests of the state of Delaware," Gov. Carney said in returning the bill. "Questions about the long-term health and economic impacts of recreational marijuana use remain unresolved."

Legislative Outcome: Passed House 26-14-1 on May/5/22; passed Senate 13-7-1 on May/12/22; State Sen. Colin Bonini voted NO; Vetoed by Governor John Carney on May/24/22; House override fails 20-20-1 on Jun/7/22.

Keep marijuana criminal offenses if under age 21

Bill Summary: Under current law, the possession, use, or consumption of a personal use quantity of marijuana remains a crime for those under the age of 21 despite being a civil violation for adults. This Act makes the possession, use, or consumption of a personal use quantity of marijuana a civil violation for juveniles.

Commentary by MPP.org [pro-legalization]: On [a related bill, on] June 30, 2019, Gov. Carney signed SB 37 into law. This bill allows for a single cannabis misdemeanor conviction to be expunged after five years and a single cannabis felony conviction to be expunged after seven years.

Bill Summary: Passed Senate 13-6-2 on 6/20/2019; Sen. Colin Bonini voted NO; Passed House 34-7-0 on 6/30/2019; Signed by Governor John Carney on 07/31/2019.

Decriminalizing marijuana sends young people wrong message

Opponents expressed concerns that the legislation sends the wrong message to children, `and that it will lead to greater acceptance and use of illegal drugs while hampering the abilities of police to conduct searches and seizures. "This is a bill we're going to regret," said Sen. Colin Bonini, R-Dover. "The message we're sending young people is one we simply should not send."

The legislation makes possession by an adult of a "personal use" quantity of marijuana, defined as an ounce or less, a civil offense punishable by a fine of $100, rather than a crime.

Don't decriminalize even one ounce or less of marijuana

WPVI ABC-6 summary: The bill would eliminate criminal penalties and potential jail time for possession of one ounce of marijuana or less. Instead, it would be a civil offense similar to a traffic ticket.

Legislative Outcome:Passed House 24-14-3 on Jun/2/15; passed Senate 12-9-0 on Jun/18/15; Colin Bonini voted NO; signed by Gov. Markell on Jun/18/15.

Don't decriminalize marijuana possession for personal use

Heritage Foundation in opposition: Scientific research is clear that marijuana is addictive and that its use significantly impairs bodily and mental functions. Even where decriminalized, marijuana trafficking remains a source of violence, crime, and social disintegration.

Marijuana Policy Project in support:On December 18, 2015, HB 39 took effect, removing the threat of arrest and jail time for adults possessing a small amount of marijuana. The law reduced the penalty for simple possession to a $100 civil fine. Previously, simple possession of marijuana was a criminal offense and could result in up to three months in jail, a fine of up to $575, or both.

Legislative Outcome: Passed House 24-14-3 on Jun/2/15; passed Senate 12-9-0 on Jun/18/15; State Sen. Colin Bonini voted NO; signed by Gov. Markell on Jun/18/15.