SPONSOR:

Rep. Keeley & Sen. Henry

Sen. Delcollo

HOUSE OF REPRESENTATIVES

149th GENERAL ASSEMBLY

HOUSE CONCURRENT RESOLUTION NO. 52

CREATING THE ADULT USE CANNABIS TASK FORCE.

WHEREAS, 8 states, plus the District of Columbia, have regulated marijuana for legal use by adults 21 years of age and older; and

WHEREAS, Delaware may pass legislation ending cannabis prohibition in the future; and

WHEREAS, Delaware has an opportunity to study the experiences of the states that have previously taxed and regulated cannabis for adults age 21 and older, and to consider how legislation ending prohibition of adult use cannabis in Delaware might best address the experiences of other states; and

WHEREAS, there is a value to exploration through establishment of a task force that brings stakeholders together to provide a forum for review and consideration of factual information to be considered in any recommendations or legislation concerning the regulation of adult use cannabis in Delaware.

NOW, THEREFORE:

BE IT RESOLVED by the House of Representatives and the Senate of the 149th General Assembly of the State of Delaware, that an Adult Use Cannabis Task Force (the “Task Force”) is hereby created.

BE IT RESOLVED that the Task Force shall be composed of the following members, or a designee appointed by the member serving by virtue of position:

(1) A State Representative from the majority caucus, appointed by the Speaker of the House, who shall serve as Co-Chair of the Task Force.

(2) A State Senator from the majority caucus, appointed by the President Pro Tem, who shall serve as Co-Chair of the Task Force.

(3) A State Senator from the minority caucus, appointed by the President Pro Tem.

(4) A State Representative from the minority caucus, appointed by the Speaker of the House.

(5) The Secretary of the Delaware Department of Agriculture.

(6) The Secretary of Department of Finance.

(7) The Secretary of Department of Natural Resources and Environmental Control.

(8) The Secretary of the Department of Safety and Homeland Security.

(9) The Director of the Division of Public Health.

(10) The Director of the Division of Substance Abuse and Mental Health.

(11) The State Bank Commissioner.

(12) The Attorney General.

(13) The Chief Defender, Office of Defense Services.

(14) The Mayor of the City of Wilmington.

(15) The Chair of the Medical Marijuana Oversight Committee.

(16) Three marijuana policy reform advocates, 1 from each county, appointed by the Governor.

(17) A medical marijuana industry representative, appointed by the Governor.

(18) A physician with experience recommending treatment with medical marijuana, appointed by the Medical Society of Delaware.

(19) The President of the Delaware League of Local Governments.

(20) The Chair of the Delaware Police Chiefs’ Council.

(21) The Chair of the Employer Advocacy and Education Committee of the Delaware State Chamber of Commerce.

(22) A representative of AAA Mid-Atlantic.

(23) A pharmacist, appointed by the President of the Delaware Pharmacist Society.

BE IT FURTHER RESOLVED that the Task Force shall study adoption of a model for regulation and taxation of adult-use cannabis in Delaware, including local authority and control, consumer safety and substance abuse prevention, packaging and labeling requirements, impaired driving and other criminal law concerns, and taxation, revenue, and banking issues.

BE IT FURTHER RESOLVED that quorum of the Task Force is half plus 1 of its members.

BE IT FURTHER RESOLVED that:

(1) Official action by the Task Force, including making findings and recommendations, requires the approval of a majority of the members of the Task Force.

(2) The Task Force may adopt rules necessary for its operation.

BE IT FURTHER RESOLVED that the co-chairs of this Task Force are responsible for guiding the administration of the Task Force by, at a minimum, doing all of the following:

(1) Setting a date, time, and place for the initial organizational meeting.

(2) Supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports of the Task Force.

(3) Sending to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Director of the Division of Research of Legislative Council, after the first meeting of the Task Force, a list of the members of the Task Force and the person who appointed them.

(4) Providing meeting notices, agendas, and minutes to the Director of the Division of Research of Legislative Council.

(5) Ensuring that the final report of the Task Force is submitted to the President Pro Tempore of the Senate and the Speaker of the House of Representatives, with copies to all members of the General Assembly; the Governor; the Director and the Librarian of the Division of Research of Legislative Council; and the Delaware Public Archives.

BE IT FURTHER RESOLVED that the Task Force shall hold its first meeting no later than September 7, 2017.

BE IT FURTHER RESOLVED that the General Assembly is responsible for providing reasonable and necessary support staff, including a legislative attorney, and materials for the Task Force to carry out its mission.

BE IT FURTHER RESOLVED that the Task Force shall compile a report containing actionable solutions to the issues assigned to it in lines 40 through 43 of this resolution and submit the report to all members of the General Assembly and the Governor no later than January 31, 2018.

SYNOPSIS

This Resolution creates an Adult Use Cannabis Task Force to study issues surrounding the possible future legalization of non-medical, adult use cannabis in Delaware, including local authority and control, consumer safety and substance abuse prevention, packaging and labeling requirements, impaired driving and other criminal law concerns, and taxation, revenue, and banking issues and to submit a report to the Governor and General Assembly by January 31, 2018.