Why Delaware lags behind other states in passing key legislation

Delaware often lags behind other states in passing key legislation.
In 2023, Delaware became the 22nd state to legalize marijuana.
Delaware became the 11th state in the country to legalize same-sex marriage in 2013.

In Delaware, a bill must be passed by the House of Representatives and the Senate and then signed by the governor to become law.

But in the First Estate, this process isn’t always easy – or, in many cases, not quick enough.

In interviews with five of the six gubernatorial candidates ahead of the Sept. 10 primary, as well as with Delaware Online and The News Journal, the candidates expressed frustration with the pace of state legislation — and change — being passed.

Democrats have controlled the governor’s office since 1993 and both houses of the General Assembly since 2009, but Delaware often lags other states in passing key legislation.

Here’s how long it took to pass some of the most important state bills in the First State — and how they compare to other states.

Legalization of marijuana

In 2023, Delaware became the 22nd^and state in the country to legalize marijuana, and current Governor John Carney allowed House Bills 1 and 2 to pass without his signature.

HB 1 legalizes possession of one ounce of marijuana by residents 21 and older — with the exception of home cultivation — while HB 2 regulates and taxes marijuana sales to adults statewide.

Shortly thereafter, the state Senate confirmed Robert Coupe as Delaware’s first marijuana commissioner. Coupe has spent the past few months crafting the regulations needed to govern the state’s recreational marijuana program.

HB 1 was first introduced in January 2023 to eliminate “all penalties for personal use or possession” of marijuana – HB 2 was introduced shortly thereafter.

Related: Delaware to open application process for legal marijuana businesses two weeks ahead of schedule

In 2015, then-Governor Jack Markell signed HB 39 – also known as the Delaware Medical Marijuana Act.

According to DelawareStateCannabis.org, the bill legalized the use of medicinal marijuana for residents who suffered from “certain debilitating medical conditions.”

California was the first state to legalize medical marijuana in 1996, while Washington and Colorado were the first to legalize its recreational use.

Legalization of same-sex marriage

Delaware became 11^t the state in the country that legalized same-sex marriage in 2013 – two years before the landmark U.S. Supreme Court decision on the matter Obergefell v. Hodges.

The passage of HB 75, or the Civil Marriage Equality and Religious Freedom Act of 2013, not only allowed same-sex couples to marry, but also provided protections for these and similar unions.

The Act was signed in May 2013 and entered into force in July of the same year.

Delaware first approved civil unions for same-sex couples in 2012 — a year after then-Governor Markell signed the Civil Union and Equality Act.

According to the Pew Research Center, Massachusetts became the first state to recognize same-sex marriage in 2003.

Love is love: Issuance of partnership licenses will begin on January 1

A 2015 U.S. Supreme Court decision also found all bans on same-sex marriage and unions unconstitutional.

Adoption of the CROWN Act

In 2021, Delaware became the ninth state to pass the Creating Respectful and Open World for Natural Hair (CROWN) Act.

SB 32, also known as the Delaware CROWN Act, protects Black, Indigenous and people of color (BIPOC) from discrimination based on hairstyles or textures in schools and the workplace, according to state Senate Democrats.

The bill was unanimously passed by the Senate shortly after its introduction in January 2021, and then by the House of Representatives in April of the same year.

A few days later, the CROWN Act was signed into law.

California was the first state to do so in 2019, and was followed by others, including New York, New Jersey and Maryland.

So far, Texas has become the latest state to pass the CROWN Act, with Governor Greg Abbott signing it into law last year.

The CROWN Act was first introduced to the U.S. House of Representatives in 2019 and passed the House in both 2019 and 2022, but has been blocked in the Senate.

Let’s take a closer look: Will the new law help put an end to horror stories of hairstyle discrimination?

According to NPR, this spring a group of lawmakers — led by Rep. Bonnie Watson Coleman of New Jersey — sponsored the reintroduction of the CROWN Act to the House of Representatives.

This year, 24 states and the U.S. Virgin Islands have passed the CROWN Act, and similar bills have been introduced in 20 additional states and the District of Columbia.

Transfer of purchase permit

First introduced in May 2023, SB 2 had to overcome numerous hurdles before finally being passed by the House of Representatives and Senate in March of this year.

This law requires completing a shooting course and obtaining a permit before purchasing a handgun.

With the passage of this bill, Delaware became one of 22 states nationwide that require a concealed carry permit, according to research by Everytown for Gun Safety.

As of this year, 28 states had not yet adopted this or a similar policy.

Once signed by Governor Carney, the bill is scheduled to go into effect 18 months after its initial passage.

By the end of this legislative session, six pieces of gun legislation had been passed in the Delaware General Assembly. Only two of those bills—including the permit to purchase bill—had been signed into law.

More: Gun reform passed by Delaware lawmakers this year and failed efforts

Abolition of the death penalty

Just before the end of the session in early summer, many legislators called for the abolition of the death penalty in the First State.

Passed by the state Senate on June 27, HB 70 not only abolishes the death penalty for those convicted of first-degree murder, but instead imposes a life sentence “without the possibility of parole, release from probation, or any other form of reduction in sentence,” according to Democrats in the Delaware House of Representatives.

According to the Death Penalty Information Center (DPIC), the death penalty is currently used in twenty-one states, and six have stayed executions by executive order.

Following a 2016 state Supreme Court decision, Delaware is now among 23 states and the District of Columbia that have abolished the death penalty.

Both the federal government and the U.S. military still retain the death penalty for certain crimes.

HB 70 is currently awaiting the governor’s signature.

Olivia Montes covers state government and community impact for Delaware Online/The News Journal. Contact her at [email protected].