HB 371 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MARIJUANA.
Last action — Roll call on a motion to Repass HB 371 - Defeated By House. Votes: 20 YES 20 NO 1 NOT VOTING
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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5To Executive
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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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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
This Act removes all penalties for possession of 1 ounce or less of marijuana, except for those who are under 21 years of age. Possession of more than 1 ounce of marijuana and public consumption remain unclassified misdemeanors. The Act also removes language referencing search and seizure authority. This Act also adds a provision to the Uniform Controlled Substances Act that provides that there will be no criminal or civil penalty for transfers of 1 ounce or less of marijuana between persons who are 21 years of age or older without remuneration.
Bill Text
- Bill Text View text Current pdf
Action History
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Roll call on a motion to Repass HB 371 - Defeated By House. Votes: 20 YES 20 NO 1 NOT VOTING
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Vetoed by Governor
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Passed By Senate. Votes: 13 YES 7 NO 1 ABSENT
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Amendment SA 1 to HB 371 - Defeated By Senate. Votes: 6 YES 14 NO 1 ABSENT
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Amendment SA 1 to HB 371 - Introduced and Placed With Bill
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Reported Out of Committee (Judiciary) in Senate with 1 Favorable, 3 On Its Merits
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Assigned to Judiciary Committee in Senate
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Passed By House. Votes: 26 YES 14 NO 1 ABSENT
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Reported Out of Committee (Health & Human Development) in House with 8 Favorable
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Assigned to Health & Human Development Committee in House
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Reported Out of Committee (Health & Human Development) in House with 7 Favorable, 1 On Its Merits
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Introduced and Assigned to Health & Human Development Committee in House
Sponsors
- Kyle Evans Gay · Cosponsor
- Edward S. Osienski · Primary
- Trey Paradee · Primary
- John L. Mitchell · Cosponsor
- S. Elizabeth Lockman · Cosponsor
- David P. Sokola · Cosponsor
- Laura V. Sturgeon · Cosponsor
- Nnamdi O. Chukwuocha · Cosponsor
- Franklin D. Cooke · Cosponsor
- Krista Griffith · Cosponsor
- Debra Heffernan · Cosponsor
- Kendra Johnson · Cosponsor
- Larry Lambert · Cosponsor
- Sean M. Lynn · Cosponsor
- Melissa Minor-Brown · Cosponsor
- Sherae'a Moore · Cosponsor
- Eric Morrison · Cosponsor
- Kimberly Williams · Cosponsor
- Madinah Wilson-Anton · Cosponsor
- Sean Matthews · Cosponsor
- Valerie Longhurst · Cosponsor
- John A. Kowalko · Cosponsor
- Charles "Bud" M. Freel · Cosponsor
- David Bentz · Cosponsor
- Andria L. Bennett · Cosponsor
- Paul S. Baumbach · Cosponsor
- Sarah McBride · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 25 co-sponsors · 35 not signed on · 25 voted No
Sponsors (2)
- Edward S. Osienski Democratic
- Trey Paradee Democratic
Co-sponsors (25)
- Kyle Evans Gay
- John L. Mitchell
- S. Elizabeth Lockman Democratic
- David P. Sokola Democratic
- Laura V. Sturgeon Democratic
- Nnamdi O. Chukwuocha Democratic
- Franklin D. Cooke Democratic
- Krista Griffith Democratic
- Debra Heffernan Democratic
- Kendra Johnson Democratic
- Larry Lambert Democratic
- Sean M. Lynn Democratic
- Melissa Minor-Brown Democratic
- Sherae'a Moore Democratic
- Eric Morrison Democratic
- Kimberly Williams Democratic
- Madinah Wilson-Anton Democratic
- Sean Matthews Voted No
- Valerie Longhurst
- John A. Kowalko
- Charles "Bud" M. Freel
- David Bentz
- Andria L. Bennett Voted No
- Paul S. Baumbach
- Sarah McBride
Not signed on (35)
35 members have not signed on to this bill.
Show all 35 →"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 | 6 | 6 | 0 | 1 |
| Democratic | 13 | 3 | 0 | 0 |
| Republican | 1 | 11 | 0 | 0 |
| Total | 20 | 20 | 0 | 1 |
| % of votes cast | 49% | 49% | 0% | 2% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 3 | 0 | 0 |
| Democratic | 11 | 0 | 0 | 0 |
| Republican | 0 | 4 | 0 | 1 |
| Total | 13 | 7 | 0 | 1 |
| % of votes cast | 62% | 33% | 0% | 5% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bruce C. Ennis | — | Nay |
| Colin Bonini | — | Nay |
| Ernesto B Lopez | — | Nay |
| 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 | Nay |
| Bryant L. Richardson | Republican | Nay |
| Dave G. Lawson | Republican | Not Voting |
| David L. Wilson | Republican | Nay |
| Gerald W. Hocker | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 3 | 0 | 0 |
| Democratic | 14 | 1 | 0 | 1 |
| Republican | 2 | 10 | 0 | 0 |
| Total | 26 | 14 | 0 | 1 |
| % of votes cast | 63% | 34% | 0% | 2% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 371 do?
- This Act removes all penalties for possession of 1 ounce or less of marijuana, except for those who are under 21 years of age. Possession of more than 1 ounce of marijuana and public consumption remain unclassified misdemeanors. The Act also removes language referencing search and seizure authority. This Act also adds a provision to the Uniform Controlled Substances Act that provides that there will be no criminal or civil penalty for transfers of 1 ounce or less of marijuana between persons who are 21 years of age or older without remuneration.
- Who sponsors HB 371?
- HB 371 is sponsored by Kyle Evans Gay, Edward S. Osienski (Democratic), Trey Paradee (Democratic), John L. Mitchell, S. Elizabeth Lockman (Democratic), David P. Sokola (Democratic), Laura V. Sturgeon (Democratic), Nnamdi O. Chukwuocha (Democratic), Franklin D. Cooke (Democratic), Krista Griffith (Democratic), Debra Heffernan (Democratic), Kendra Johnson (Democratic), Larry Lambert (Democratic), Sean M. Lynn (Democratic), Melissa Minor-Brown (Democratic), Sherae'a Moore (Democratic), Eric Morrison (Democratic), Kimberly Williams (Democratic), Madinah Wilson-Anton (Democratic), Sean Matthews, Valerie Longhurst, John A. Kowalko, Charles "Bud" M. Freel, David Bentz, Andria L. Bennett, Paul S. Baumbach, and Sarah McBride.
- What is the current status of HB 371?
- 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 371?
- Track HB 371 free on One Click Politics — get push/email alerts when it moves.
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