Delaware House Bill 39 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Democrat 15-0)
Status: Passed on June 18 2015 - 100% progression
Action: 2015-06-18 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]

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.

An Act To Amend Title 16 Of The Delaware Code Relating To Marijuana.

Rep. Helene Keeley [D]	Sen. Margaret Henry [D]	Sen. Bryan Townsend [D]	Rep. Paul Baumbach [D]
Rep. Debra Heffernan [D]	Rep. James Johnson [D]	Rep. Quinton Johnson [D]	Rep. John Kowalko [D]
Rep. John Mitchell [D]	Rep. Edward Osienski [D]	Sen. Charles Paradee [D]	Rep. Charles Potter [D]
Rep. John Viola [D]	Rep. Kimberly Williams [D]	Sen. Karen Peterson [D]

2015-06-18 - Senate - Senate Third Reading (Y: 12 N: 9 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2015-06-18	House	Signed by Governor
2015-06-18	Senate	Passed by Senate. Votes: Passed 12 YES 9 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2015-06-18	Senate	Reported Out of Committee (JUDICIARY) in Senate with 4 On Its Merits
2015-06-03	Senate	Assigned to Judiciary Committee in Senate
2015-06-02	House	Passed by House of Representatives. Votes: Passed 24 YES 14 NO 2 NOT VOTING 1 ABSENT 0 VACANT
2015-06-02	House	Amendment HA 3 - Passed in House by Voice Vote
2015-06-02	House	Amendment HA 3 - Introduced in House
2015-06-02	House	Amendment HA 2 - Stricken
2015-06-02	House	Amendment HA 1 - Stricken
2015-06-02	House	Amendment HA 2 - Introduced and Placed With Bill
2015-05-06	House	Reported Out of Committee (PUBLIC SAFETY & HOMELAND SECURITY) in House with 3 Favorable, 2 On Its Merits, 1 Unfavorable
2015-03-12	House	Amendment HA 1 - Introduced and Placed With Bill
2015-01-29	House	Introduced and Assigned to Public Safety & Homeland Security Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis148.nsf/2bede841c6272c888025698400433a04/09e5fedf77f8ae2185257dd50067f79f?OpenDocument
Text	http://legis.delaware.gov/LIS/lis148.nsf/vwLegislation/HB+39/$file/legis.html?open
Text	http://legis.delaware.gov/LIS/lis148.nsf/EngrossmentsforLookup/HB+39/$file/Engross.html?open
Roll Call	http://legis.delaware.gov/LIS/lis148.nsf/7712cf7cc0e9227a852568470077336f/34363fbaa9c2016785257e68007b3af0?OpenDocument