General Assembly Post-Game Wrap-Up/Pre-Game Show: Thursday, January 13, 2022

First, the big news.  The brand-new marijuana legalization bill has been introduced.  It’s clearly an attempt to overcome the pitfalls that befell the bill last year.  It doesn’t permit people to grow their own marijuana which, of course, is ridiculous.  It still enables cops to pretend to smell marijuana when they’ve stopped you. The main changes that I see from last year’s bill try to blur the lines on minority access to business opportunities.  As in the following:

Finally, they must coordinate with the Division of Small Business, Development, and Tourism so that potential businesses licensed under this Act have access to programs, particularly those that support small businesses owned by minorities, women, and veterans…

…There is a $10,000 biennial fee for most open licenses, with reduced licensing fees for microbusinesses and social equity licenses….

…The Regulation Fund will consist of fees collected, penalties imposed, and taxes collected under this Act. It creates the marijuana control enforcement tax on retail marijuana in the amount of 15%. 7% of the tax revenue collected will be allocated to the Justice Reinvestment Fund, under the management of [state agency/division] where it will be used for projects to improve quality of life for communities most impacted by the prohibition of marijuana and “war on drugs” era policies.

Here are the ways that this bill differs from last year’s HB 150:

This bill differs from House Bill No. 150 in the following ways: Incorporates HA1 and 2 to HB150 regarding standardization of assessments and accreditation processes. Adds the requirement of a comprehensive business plan to the competitive scoring criteria for licenses. Incorporates HA4 to HB150, requiring ongoing communication between the Commissioner and the Department of Agriculture regarding marijuana and hemp cultivation, allowing for the grant of a conditional license for an applicant who is working to secure a physical location, making technical changes to the revenue administration portion of the Control Act. Incorporates HA5 to HB150 regarding rights of employers. Incorporates HA6 removing financial assistance for social equity applicants and instead authorizing the Commissioner to explore opportunities for public and private financial assistance. Incorporates HA7 regarding safety packaging requirements. Incorporates HA10, removing the requirement that an applicant submit an attestation affirming the applicant has a project labor agreement or will utilize a project labor agreement for construction of a marijuana cultivation facility. Directs 7% of the marijuana tax revenue to a Justice Reinvestment Fund to be used for programs and initiatives meant to restore and benefit communities most harmed by “war on drug” era policies. Removes expungement provisions, as they were rendered duplicative by the passage of Senate Bills 111 and 112.

Rep. Osienski must believe he has a chance to get the votes to pass this. Here’s hoping…

Here’s yesterday’s Session Activity Report.  Of passing note,  Sen. Lawson’s bill to turn Delaware into Texas was buried in committee:

Prior to the session, primary sponsor Sen. Lawson explained his rationale for the proposed legislation, saying that, “Our crime rate is going up in Delaware and the prosecution rate is going down. People need some protection and this allows it.”

The Senate confirmed both Mark Holodick and Claire DeMatteis to their respective new Cabinet posts.

Before I discuss today’s House Agenda, I have a question.  Since this is the first House session of the year and, since the House last convened, Rep. Andria Bennett has accepted a full-time job with another governmental entity, will she address her legislative status moving forward? If not, will anyone question whether she can serve in both jobs at once?  I don’t think she legally can.  But, if nobody challenges her, who’s to say she can’t continue to double-down on the big bucks?  Oh, and dole out money to her other employer in her role as a member of the Capital Infrastructure Committee, a blatant conflict-of-interest?

The two key bills on today’s Agenda, HB 280 (Bentz) and HB 290 (Schwartzkopf),  are time-sensitive. They are being worked now so that both can also pass the Senate during the January portion of session.

Today’s Senate Agenda features two bills we’ve discussed earlier this week, plus SB 64 (Townsend), which ‘…requires that accumulated snow and ice be removed from surfaces of a vehicle before it is operated and imposes a civil penalty for a violation. This Act also creates a civil penalty for each instance where snow or ice dislodges from a moving vehicle and causes property damage or physical injury but this penalty is not an exclusive remedy for property damage or physical injury.’  I see that Sen. Townsend has introduced an amendment, presumably to mollify (perhaps) some downstate senators.  You know, because having to remove this stuff from your car to drive in a 25 miles-per-hour speed zone is Nazism.  Anyway, the bill had languished since last March, so Townsend is doing what he has to in order to pass the bill.

I think I may just check out the House proceedings today to see if Andria Bennett has anything to say.  Hey, I’m retired.  Might as well do something with all my free time.