HB 276 — AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO THE ELIGIBILITY OF REGISTERED QUALIFYING PATIENTS UNDER THE DELAWARE MEDICAL MARIJUANA ACT TO PURCHASE OR POSSESS FIREARMS.
Last action — Vetoed by Governor
-
✓Introduced
-
✓In Committee
-
✓Passed House
-
✓Passed Senate
-
5To Executive
-
6Enacted
This bill died with 151st General Assembly (2021-2022). It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Summary
At least 36 states allow for the medical use of marijuana. However, federal firearm laws have not kept pace and currently prohibit an individual who is “an unlawful user of or addicted to any controlled substance” from possessing or purchasing a firearm. It is still unlawful under federal law to use or possess marijuana. This Act makes clear that an individual is not disqualified under Delaware law from possessing a firearm because the individual is a registered qualifying patient under the Delaware Medical Marijuana Act, if the registered qualifying patient is not a person prohibited under § 1448 of Title 11 of the Delaware Code. This Act makes also clear that a registered qualifying patient may engage in a firearm transaction between unlicensed persons under § 1448B of Title 11 if the transaction is exempt under § 1448B(c) of Title 11 and the registered qualifying patient is not otherwise a person prohibited under § 1448 of Title 11. A registered qualifying patient’s purchase of a firearm through a federal firearms licensee (“FFL”) is still prohibited under federal law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Bill Text
- Bill Text View text Current pdf
Action History
-
Vetoed by Governor
-
Passed By Senate. Votes: 17 YES 4 NO
-
Lifted From Table in Senate
-
Laid On Table in Senate
-
Reported Out of Committee (Health & Social Services) in Senate with 3 Favorable, 3 On Its Merits
-
Assigned to Health & Social Services Committee in Senate
-
Passed By House. Votes: 41 YES
-
Reported Out of Committee (Public Safety & Homeland Security) in House with 4 Favorable, 3 On Its Merits
-
Introduced and Assigned to Public Safety & Homeland Security Committee in House
Sponsors
- Bryan Townsend · Primary
- Trey Paradee · Primary
- Brian Pettyjohn · Primary
- Kimberly Williams · Primary
- Jeffrey N. Spiegelman · Primary
- David P. Sokola · Cosponsor
- John "Jack" Walsh · Cosponsor
- Gerald W. Hocker · Cosponsor
- Eric Morrison · Cosponsor
- Edward S. Osienski · Cosponsor
- Michael F. Smith · Cosponsor
- Michael Ramone · Cosponsor
- Paul S. Baumbach · Cosponsor
- Andria L. Bennett · Primary
Sponsorship breakdown
Export CSV (upgrade) →6 sponsors · 8 co-sponsors · 48 not signed on · 3 voted No
Sponsors (6)
- Bryan Townsend Democratic
- Trey Paradee Democratic
- Brian Pettyjohn Republican
- Kimberly Williams Democratic
- Jeffrey N. Spiegelman Republican
- Andria L. Bennett
Co-sponsors (8)
- David P. Sokola Democratic
- John "Jack" Walsh Democratic
- Gerald W. Hocker Republican Voted No
- Eric Morrison Democratic
- Edward S. Osienski Democratic
- Michael F. Smith Republican
- Michael Ramone
- Paul S. Baumbach
Not signed on (48)
48 members have not signed on to this bill.
Show all 48 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Democratic | 11 | 0 | 0 | 0 |
| Republican | 1 | 4 | 0 | 0 |
| Total | 17 | 4 | 0 | 0 |
| % of votes cast | 81% | 19% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bruce C. Ennis | — | Yea |
| Colin Bonini | — | Yea |
| Ernesto B Lopez | — | Yea |
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Nay |
| Dave G. Lawson | Republican | Nay |
| David L. Wilson | Republican | Nay |
| Gerald W. Hocker | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 0 | 0 | 0 |
| Democratic | 16 | 0 | 0 | 0 |
| Republican | 12 | 0 | 0 | 0 |
| Total | 41 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 276 do?
- At least 36 states allow for the medical use of marijuana. However, federal firearm laws have not kept pace and currently prohibit an individual who is “an unlawful user of or addicted to any controlled substance” from possessing or purchasing a firearm. It is still unlawful under federal law to use or possess marijuana. This Act makes clear that an individual is not disqualified under Delaware law from possessing a firearm because the individual is a registered qualifying patient under the Delaware Medical Marijuana Act, if the registered qualifying patient is not a person prohibited under § 1448 of Title 11 of the Delaware Code. This Act makes also clear that a registered qualifying patient may engage in a firearm transaction between unlicensed persons under § 1448B of Title 11 if the transaction is exempt under § 1448B(c) of Title 11 and the registered qualifying patient is not otherwise a person prohibited under § 1448 of Title 11. A registered qualifying patient’s purchase of a firearm through a federal firearms licensee (“FFL”) is still prohibited under federal law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
- Who sponsors HB 276?
- HB 276 is sponsored by Bryan Townsend (Democratic), Trey Paradee (Democratic), Brian Pettyjohn (Republican), Kimberly Williams (Democratic), Jeffrey N. Spiegelman (Republican), David P. Sokola (Democratic), John "Jack" Walsh (Democratic), Gerald W. Hocker (Republican), Eric Morrison (Democratic), Edward S. Osienski (Democratic), Michael F. Smith (Republican), Michael Ramone, Paul S. Baumbach, and Andria L. Bennett.
- What is the current status of HB 276?
- This bill died with 151st General Assembly (2021-2022). It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 276?
- Track HB 276 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on HB 276
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of HB 276
Last checked for changes 2 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →