Delaware General Assembly Pre-Game Show: Tues., March 12, 2019

The big story today is, of course, the scheduled debate on the bill that would increase the age to purchase tobacco products from 18 to 21.  It is almost certain to pass. It’s probably good public policy (although I have some questions I’ll lay out here in just a few sentences), and, most importantly, it’s an initiative with no spending component, something our Governor loves. When you’ve got nothing else to take to the electorate, feel-good legislation that doesn’t cost anything is the way to go. Hey, John’s ‘mentor’, Ruth Ann Minner, did the exact same thing with legislation banning smoking in most public buildings and commercial establishments, so he even has precedent. What’s old is new again.

The bill pretty much does everything but prohibiting those under the age of 18 from smoking.  SB 25:

… restricts access to tobacco products and tobacco substitutes to individuals under age 21 by doing all of the following: 1. Prohibits sales of tobacco products or tobacco substitutes to individuals who are under 21. 2. Imposes a civil penalty for sales to individuals between the ages of 18 and 21. 3. Repeals the ability of a parent or guardian to purchase tobacco products or tobacco substitutes for a minor. 4. Revises the framework by which an employer may use an affirmative defense to the improper sale of tobacco products or tobacco substitutes, aligning the affirmative defense with the minimum age increase. 5. Adopts best practices for enforcement measures by modifying the prohibition against the purchase of tobacco products by minors. 6. Prohibits individuals under age 21 from entering vapor establishments.

We all know how insidious and addicting tobacco products can be.  My questions center around the impact that taking something that heretofore has been legal for those aged 18 to 21 and making it illegal might have.  There is no grandfather provision, meaning that those who are in that 18-21 window and who might have already developed an addiction to tobacco will be expected to go cold-turkey, or…to get the products elsewhere.  Like across state lines in Pa., NJ, or Maryland.  In which case, you haven’t really addressed the issue, you’ve simply driven business out of state.

There are also no provisions in the bill to address providing assistance for nicotine withdrawal for those between the ages of 18 and 21 who are now being expected to go cold turkey. And, um, if they’re not expected to go cold turkey, then the bill is little more than window-dressing.

Don’t get me wrong. I support the intent of the bill. But it looks like all the bill will do is to send business across state lines, at least initially. Whaddaya all think?

Here’s today’s entire Senate Agenda.  SB 12(McDowell) also intrigues, if only b/c it’s a bill about electric cars. The bill ‘facilitates electric vehicle and grid-integrated electric vehicle interconnection by including the Society of Automotive Engineers industrial safety standard, J3072, which sets safety requirements for electric vehicles that provide power from their batteries back to the electric grid.’  The future is here.

I don’t find much of interest on today’s House Agenda. Apparently, neither did the Speaker, which is why the House didn’t even run an agenda last Thursday.

While Delaware doesn’t appear primed to legalize marijuana any time soon, the state is apparently poised to broaden significantly the ability of doctors to prescribe medical marijuana.  Here’s a quote from prime sponsor Sen. Delcollo:

“This is motivated from what I would call nothing short of a grassroots outcry from people who rely upon this stuff as their medicine, and their reports are basically that there are clear problems and issues that are arising and that the sort of inflexible system we have for petitioning and a very long time to consider something and so on, it basically says we’re going to pick one thing that we use as medication and have that be treated in a totally different way than any other thing that we consider medication in our society,” Sen. Anthony Delcollo, a Marshallton Republican who is the main sponsor, said.

Pretty much the definition of creeping incrementalism, but you take what you can get in a police state.  As to the dim bulb in the Governor’s Mansion?:

Gov. John Carney’s office did not respond to a request for comment on whether the governor would sign Senate Bill 24.

Will someone primary him? Please??

Committee meetings take place tomorrow, with the House in particular scheduled to consider several important bills. See you then.