Delaware 149th General Assembly (2017-2018) Status: Enacted Bipartisan · 3 R · 2 D cosponsors

SB 266 — AN ACT TO AMEND TITLE 3 RELATING TO THE CULTIVATION OF INDUSTRIAL HEMP.

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced June 26, 2018. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence
  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    4 primary, 5 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 R · 2 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Under federal law, the cultivation of industrial hemp is only permitted for agricultural or academic research. There is federal legislation pending that may lift the restrictions on the cultivation of industrial hemp. Delaware law does not prohibit the cultivation of industrial hemp and Chapter 28 of Title 3 permits the cultivation of industrial hemp for agricultural or academic research to the maximum extent permitted by federal law. Industrial hemp is used in a wide range of products, including fibers, textiles, paper, construction and insulation materials, cosmetic products, animal feed, food, and beverages. Hemp comes from the same plant as marijuana, the Cannabis Sativa L but has a much lower amount of tetrahydrocannabinol (THC), the compound that causes the intoxication, than marijuana. The Department of Agriculture does not regulate industrial agriculture by specific crops, but instead, Title 3 has chapters on topics that impact agriculture broadly, regarding the regulation of areas such as pesticides, seeds, and grain inspection. This Act permits the Department of Agriculture to adopt any policies and regulations necessary to permit the cultivation of industrial hemp when federal law permits the cultivation of industrial hemp beyond agricultural or academic research and adds hemp to the definition of “grain” in Chapter 16 of Title 3. It requires a three-fifths vote because regulating industrial hemp may require the revision of regulations that would expand existing fees to hemp cultivation. This Act thus positions Delaware to immediately permit the industrial cultivation of hemp if and when the federal restrictions are repealed.

Bill Text

Action History

  1. Signed by Governor

  2. Passed By House. Votes: 39 YES 1 NO 1 ABSENT

  3. Passed By Senate. Votes: 21 YES

  4. Reported Out of Committee (Agriculture) in Senate with 1 Favorable, 3 On Its Merits

  5. Introduced and Assigned to Agriculture Committee in Senate

Sponsors

Sponsorship breakdown

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4 sponsors · 5 co-sponsors · 53 not signed on · 1 voted No

Co-sponsors (5)

Not signed on (53)

53 members have not signed on to this bill.

Show all 53 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3/5

Passed 39 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 23101
Democratic 7000
Republican 9000
Total 39101
% of votes cast 95%2%0%2%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Bryon H. Short — Yea
Charles Potter Jr. — Yea
David Bentz — Yea
Deborah Hudson — Yea
Earl G. Jaques Jr. — Nay
Gerald L. Brady — Yea
Harvey R. Kenton — Yea
Helene M. Keeley — Yea
James Johnson — Yea
John A. Kowalko — Yea
John J. Viola — Not Voting
John L. Mitchell — Yea
Joseph E. Miro — Yea
Melanie George Smith — Yea
Michael Mulrooney — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
William R. Outten — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Kimberly Williams Democratic Yea
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
Trey Paradee Democratic Yea
William J. Carson Democratic Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
David L. Wilson Republican Yea
Jeffrey N. Spiegelman Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

3/5

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12000
Democratic 5000
Republican 4000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Brian J. Bushweller — Yea
Bruce C. Ennis — Yea
Catherine Cloutier — Yea
Colin Bonini — Yea
David B. McBride — Yea
Ernesto B Lopez — Yea
F. Gary Simpson — Yea
Gregory F. Lavelle — Yea
Harris B. McDowell — Yea
Margaret Rose Henry — Yea
Robert Marshall — Yea
Bryan Townsend Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Nicole Poore Democratic Yea
Stephanie L. Hansen Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 266 do?
Under federal law, the cultivation of industrial hemp is only permitted for agricultural or academic research. There is federal legislation pending that may lift the restrictions on the cultivation of industrial hemp. Delaware law does not prohibit the cultivation of industrial hemp and Chapter 28 of Title 3 permits the cultivation of industrial hemp for agricultural or academic research to the maximum extent permitted by federal law. Industrial hemp is used in a wide range of products, including fibers, textiles, paper, construction and insulation materials, cosmetic products, animal feed, food, and beverages. Hemp comes from the same plant as marijuana, the Cannabis Sativa L but has a much lower amount of tetrahydrocannabinol (THC), the compound that causes the intoxication, than marijuana. The Department of Agriculture does not regulate industrial agriculture by specific crops, but instead, Title 3 has chapters on topics that impact agriculture broadly, regarding the regulation of areas such as pesticides, seeds, and grain inspection. This Act permits the Department of Agriculture to adopt any policies and regulations necessary to permit the cultivation of industrial hemp when federal law permits the cultivation of industrial hemp beyond agricultural or academic research and adds hemp to the definition of “grain” in Chapter 16 of Title 3. It requires a three-fifths vote because regulating industrial hemp may require the revision of regulations that would expand existing fees to hemp cultivation. This Act thus positions Delaware to immediately permit the industrial cultivation of hemp if and when the federal restrictions are repealed.
Who sponsors SB 266?
SB 266 is sponsored by David L. Wilson (Republican), William J. Carson (Democratic), Bryant L. Richardson (Republican), Trey Paradee (Democratic), Lyndon D. Yearick (Republican), Anthony Delcollo, Helene M. Keeley, Quinton Johnson, and Bruce C. Ennis.
What is the current status of SB 266?
This bill has been enacted into law. Introduced June 26, 2018. Enacted.
Where can I track SB 266?
Track SB 266 free on One Click Politics — get push/email alerts when it moves.

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