Bill Text: DE HB371 | 2013-2014 | 147th General Assembly | Draft

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

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2014-06-19 - HS 1 for HB 371 - Reported Out of Committee (PUBLIC SAFETY & HOMELAND SECURITY) in House with 8 On Its Merits [HB371 Detail]

Download: Delaware-2013-HB371-Draft.html

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SPONSOR:	Rep. Keeley & Sen. Henry & Sen. Townsend
	Reps. Baumbach, Heffernan, J. Johnson, Mitchell, Osienski, Paradee, Potter, B. Short, Viola, D.E. Williams, K. Williams; Sens. McDowell, Peterson, Poore, Sokola

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 371

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MARIJUANA POSSESSION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend §4701, Title 16 of the Delaware Code by making deletions as indicated by strike through and insertions as indicated by underline and redesignating accordingly:

(32) "Personal use quantity" shall mean one ounce or less of a controlled substance or a counterfeit controlled substance classified in §4714(d)(19) of this title.

(42)"Public place" means a street, an alley, a park, a sidewalk, a place or building of business or assembly open to or frequented by the public, or any other place to which the public has access.An individual dwelling shall not come within this definition.

Section 2.Amend §4764, Title 16 of the Delaware Code by making deletions as indicated by strike through and insertions as indicated by underline as follows:

§4764 Possession of marijuana; class B or unclassified misdemeanor; marijuana possessed for personal use.

(a) Any person who knowingly or intentionally possesses, uses, or consumes a controlled substance or a counterfeit controlled substance classified in §4714(d)(19) of this title, except as otherwise authorized by this chapter, and there is an aggravating factor, shall be guilty of a class B misdemeanor.

(b) Notwithstanding any other provision of law, Any no penalty may be imposed upon a person 21 years of age or older who knowingly or intentionally possesses in a personal use quantity, uses, or consumes a controlled substance or a counterfeit controlled substance classified in §4714(d)(19) of this title, except that a person consuming the controlled substance in a public place as otherwise authorized by this chapter, shall be guilty of an unclassified misdemeanor assessed a civil penalty of and be fined not more than $575 and imprisoned not more than 3 months $100.00.

SYNOPSIS

The purpose of this bill is to exempt from prosecution those who possess marijuana for personal use and consumption.