148th General Assembly
House Bill 39 w/HA 3

Primary Sponsor(s): Keeley Additional Sponsor(s):    Sen. Henry & Sen. Townsend

Co-Sponsors: Reps. Baumbach, Heffernan, J. Johnson, Q. Johnson, Kowalko, Mitchell, Osienski, Paradee, Potter, Viola, K. Williams; Sen. Peterson

Introduced On:01/29/2015

Long Title:AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MARIJUANA.

Synopsis of Original Bill:
(without Amendments)
The purpose of this bill is to decriminalize the possession or private use of a personal use quantity of marijuana. More specifically, persons who possess one ounce or less of marijuana shall be assessed a civil penalty that will not become part of a criminal record and must forfeit the marijuana. Likewise, the private use or consumption of less than an ounce of marijuana shall be punishable by a civil penalty. Persons charged with one of these civil violations are not subject to incarceration. Furthermore, under Section 2 of this bill the public use or consumption of an ounce or less of marijuana will be an unclassified misdemeanor punishable by a fine of not more than $200 or imprisonment for not more than 5 days. This penalty is in line with the penalty for possession or consumption of an open container of alcohol in most municipalities in the state. This bill does not in any manner modify Title 21 driving offenses nor does it prohibit municipal regulation of marijuana use, consumption, or possession. A person charged or assessed a civil violation in connection with a personal use quantity of marijuana cannot also be charged with possession of drug paraphernalia. A person who is not charged with personal use quantity of marijuana possession can still be charged or assessed a civil violation of possession of drug paraphernalia. This bill does not repeal or modify existing laws relating to medical marijuana or penalties for the operation of motor vehicles under the influence.

Current Status:Signed   On  06/18/2015

Date Governor Acted: 06/18/2015 Effective Date:

Volume Chapter:80:38

Full Text of Legislation:
(HTML format)
Legis.html     Email this Bill to a friend

Full Text of Legislation:
(PDF format)

Full Text of Legislation:
(MS Word format)
Legis.Docx  

Fiscal Notes/Fee Impact:Not Required

Amendments: HA 1 to HB 39 - Stricken
HA 3 to HB 39 - Passed
HA 2 to HB 39 - Stricken

Substituted Legislation for Bill :

Committee Reports:House Committee Report 05/06/15 F=3 M=2 U=1---->Committee Report
Senate Committee report 06/18/15 F=0 M=4 U=0----->Committee Report

Voting Reports:House vote: () Passed 6/2/2015 6:35:34 PM------->Voting Record
Senate vote: () Passed 6/18/2015 6:26:00 PM------->Voting Record

Fiscal Notes/Fee Impact:

Engrossed Version:Engrossment------->Engrossment

Actions History:Jun 18, 2015 - Signed by Governor
Jun 18, 2015 - Passed by Senate. Votes: Passed 12 YES 9 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Jun 18, 2015 - Reported Out of Committee (JUDICIARY) in Senate with 4 On Its Merits
Jun 03, 2015 - Assigned to Judiciary Committee in Senate
Jun 02, 2015 - Passed by House of Representatives. Votes: Passed 24 YES 14 NO 2 NOT VOTING 1 ABSENT 0 VACANT
Jun 02, 2015 - Amendment HA 3 - Passed in House by Voice Vote
Jun 02, 2015 - Amendment HA 3 - Introduced in House
Jun 02, 2015 - Amendment HA 2 - Stricken
Jun 02, 2015 - Amendment HA 1 - Stricken
Jun 02, 2015 - Amendment HA 2 - Introduced and Placed With Bill
May 06, 2015 - Reported Out of Committee (PUBLIC SAFETY & HOMELAND SECURITY) in House with 3 Favorable, 2 On Its Merits, 1 Unfavorable
Mar 12, 2015 - Amendment HA 1 - Introduced and Placed With Bill
Jan 29, 2015 - Introduced and Assigned to Public Safety & Homeland Security Committee in House