Delaware weed task force spikes its own report but chair vows to release it anyway

A final report from a legislative task force studying recreational marijuana legalization in Delaware went up in smoke on Wednesday amid a haze of confusion.

A vote on whether to release the report to the full General Assembly was initially considered a success by legislative staff. They later were informed by reporters that they had miscounted the total number of task force members and the motion had, in fact, failed to garner a majority.

When quizzed afterward, the task force's co-chair insisted the vote was non-binding and said she plans to provide draft copies to anyone who asks for them.

"Whether it is officially released ... or not because of an inaccuracy in an account of [task force] members so be it," said state Rep. Helene Keeley, D-Wilmington. "But there are many members of the General Assembly that would still like to see this final report."

Other members of the task force said they would fight such a move.

"If they want to release it, it's going to meet some resistance," said state Rep. Steve Smyk, R-Milton. "It would look a poor game if that's the way it's going to be released."

The inauspicious finish to Wednesday's meeting capped off six months of hearings by the Adult Use Cannabis Task Force, a 25-member panel of advocates, opponents and state agencies that was created to study how the state might regulate a legal marijuana industry in Delaware.

Keeley and fellow task force co-chair Senate Majority Leader Margaret Rose Henry, D-Wilmington, introduced legislation in early 2017 that would allow people 21 and older to purchase up to an ounce of marijuana from dozens of stores authorized to sell cannabis manufactured at licensed Delaware grow operations – creating a new industry that could generate $25 million a year in tax revenue for the state.

House Bill 110 was voted out of committee in May but was never called up for a vote before the full House of Representatives.

Keeley and Henry had hoped the task force's final report might help sway legislators who are still undecided about their bill. That now may be less likely to happen given the outcome of the task force's final meeting.

"What everyone would like to see is integrity," Smyk said. "This is a very important issue and we don't want to end up erroneously portraying the work of this task force."

At issue is a line in the resolution that created the panel, which states an "official action taken by the task force, including making findings and recommendations requires the approval of a majority" of task force members.

Despite that provision, Keeley previously said she did not think a final vote was needed for the task force to release its final report. But she still agreed to hold one anyway at the request of the panel's members.

"I think it's the fair thing to do," she said earlier this month. "I believe there should be enough votes for it to pass."

That did not prove to be the case Wednesday.

During the meeting, task force members opposed to legalizing recreational marijuana –including representatives from AAA Mid-Atlantic and the Delaware State Chamber of Commerce – raised concerns that the draft final report only included a 15-page summary and not all of the minutes and presentations of every hearing.

They also questioned whether they were being asked to attest that final report accurately reflected what had been discussed during previous hearings or if a yes vote was tantamount to an endorsement of the final product.

Keeley and Henry repeatedly assured them that a yes vote would not be an endorsement and went so far as to promise another meeting on March 7 during which they could make technical corrections to the full 350-page record of earlier proceedings.

"This is like being pregnant for 15 months," Henry said after someone raised the possibility of delaying a vote. "At some point, we have to birth the baby."

But when the final vote was taken, only 12 task force members voted to release the document to Gov. John Carney and the state Legislature.

Two – AAA and the state chamber – voted no, while four abstained and seven were absent: a total of 13.

Legislative attorney Deborah Gottschalk initially told Keeley and Henry the measure had passed but later confirmed she had mistakenly believed the task force fewer members than 25.

"I counted wrong," she said.

Keeley then re-asserted her contention that a final the vote was not required and therefore not binding. At no time did she make that point clear during the task force hearing.

"I don't believe that question was asked," Keeley said afterward, adding that she still expects task force members to give their final authorization on March 7.

Cathy Rossi, vice president of public and government affairs for AAA Mid-Atlantic, said she believes the resolution that created the task force clearly requires a majority of members to authorize the release of the panel's recommendations.

"I'm not sure how you get to discerning the approval of a majority without a vote," she said. "And we did not vote to release the report."

Contact reporter Scott Goss at (302) 324-2281, sgoss@delawareonline.com or on Twitter @ScottGossDel.

KEEP READING

Gov. John Carney calls for Delaware ban on assault weapon sales