Quint Forgey

THE NEWS JOURNAL

Republican gubernatorial candidate Sen. Colin Bonini, R-Dover South, incited gasps on the Senate floor Thursday when he said he’d sponsor a bill to legalize marijuana, arguing that Delaware has all but done so already.

Bonini said he was not originally a supporter of full legalization, but it would be preferable to the slow process of decriminalization that has left the drug unregulated and untaxed in the state.

“The reality is we’ve legalized marijuana in Delaware, and we’ve legalized it through backward steps. I think incrementally pulling away restrictions and by default legalizing marijuana is not the best way to do it,” Bonini said. “If we’re going to legalize marijuana, let’s legalize marijuana.”

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His remarks came during debate over a bill that would add misdemeanor marijuana possession to the list of offenses eligible for probation before judgment. The legislation passed in a 12-6 vote and was sent to the governor.

Delaware decriminalized possession of less than an ounce of marijuana last year. Possession of more than 1 ounce but less than 6.1 ounces of marijuana qualifies as a misdemeanor, with offenders eligible for a five-year maximum prison sentence. Regardless of the crime, offenders can only qualify for probation once.

Senate Majority Whip and bill co-sponsor Margaret Henry, D-Wilmington East, said the legislation, House Bill 332 by Rep. Helene Keeley, D-Wilmington South, would pertain to “low-level marijuana charges” and apply only to first-time offenders.

Senate Minority Leader F. Gary Simpson, R-Milford, voted against the bill, saying possession of up to 6.1 ounces of marijuana deserved stricter disciplinary action.

“I just think the amount that it called for is quite large,” Simpson said. “It’s not a minuscule amount of marijuana.”

Gov. Jack Markell has said he will not sign a bill fully legalizing marijuana in Delaware. A spokeswoman said he supported this bill, however.

Bonini said the measure removed the state’s “the last vestige of truly criminal code violation for marijuana,” and lawmakers now need to focus on managing its sale and keeping it out of the hands of Delawareans less than 21 years old.

"We've created a sort of marijuana freedom zone," Bonini said.

More than 12,000 people were arrested for marijuana possession in Delaware between 2008 and 2012, according to FBI crime statistics.

Contact Quint Forgey at bforgey@delawareonline.com or on Twitter @QuintForgey.