AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MARIJUANA.
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HB 1 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MARIJUANA.
Last action — Enact w/o Sign by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 152nd General Assembly (2023-2024). It reached “Passed House” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
This Act removes all penalties for use or possession of a personal use quantity of marijuana and marijuana accessories. It further specifies that the adult sharing of a personal use quantity or less of marijuana is legal activity for those 21 years of age or older and that those 21 or older may possess, use, display, purchase, or transport accessories and personal use quantities of marijuana without penalty. When transporting in a vehicle, those items must be in a closed container or otherwise not readily accessible to anyone inside the vehicle. The statute also specifies certain activities which remain unlawful. Finally, the definition of "personal use quantity" of marijuana is updated to include not only 1 ounce or less of leaf marijuana, but also equivalent amounts of marijuana product in other forms.
Bill Text
- Bill Text View text Current pdf
Action History
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Enact w/o Sign by Governor
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Passed By Senate. Votes: 16 YES 4 NO 1 ABSENT
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Reported Out of Committee (Health & Social Services) in Senate with 3 Favorable, 4 On Its Merits
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Assigned to Health & Social Services Committee in Senate
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Passed By House. Votes: 28 YES 13 NO
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Reported Out of Committee (Health & Human Development) in House with 7 Favorable, 2 On Its Merits
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Reported Out of Committee (Health & Human Development) in House with 7 Favorable, 2 On Its Merits
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Introduced and Assigned to Health & Human Development Committee in House
Sponsors
- John "Jack" Walsh · Primary
- Bryan Townsend · Primary
- Laura V. Sturgeon · Primary
- S. Elizabeth Lockman · Primary
- Madinah Wilson-Anton · Primary
- Brian Pettyjohn · Primary
- Cyndie Romer · Primary
- David L. Wilson · Primary
- Marie Pinkney · Primary
- David P. Sokola · Primary
- Sean M. Lynn · Primary
- Spiros Mantzavinos · Primary
- Kendra Johnson · Primary
- Kerri Evelyn Harris · Primary
- Nicole Poore · Primary
- Franklin D. Cooke · Primary
- Trey Paradee · Primary
- Russell Huxtable · Primary
- Eric Morrison · Primary
- Edward S. Osienski · Primary
- Valerie Longhurst · Primary
- Paul S. Baumbach · Primary
- Peter C. Schwartzkopf · Primary
- Sarah McBride · Primary
- Sherry Dorsey Walker · Primary
Sponsorship breakdown
Export CSV (upgrade) →25 sponsors · 0 co-sponsors · 37 not signed on · 15 voted No
Sponsors (25)
- John "Jack" Walsh Democratic
- Bryan Townsend Democratic
- Laura V. Sturgeon Democratic
- S. Elizabeth Lockman Democratic
- Madinah Wilson-Anton Democratic
- Brian Pettyjohn Republican Voted No
- Cyndie Romer Democratic
- David L. Wilson Republican
- Marie Pinkney Democratic
- David P. Sokola Democratic
- Sean M. Lynn Democratic
- Spiros Mantzavinos Democratic
- Kendra Johnson Democratic
- Kerri Evelyn Harris Democratic
- Nicole Poore Democratic
- Franklin D. Cooke Democratic
- Trey Paradee Democratic
- Russell Huxtable Democratic
- Eric Morrison Democratic
- Edward S. Osienski Democratic
- Valerie Longhurst
- Paul S. Baumbach
- Peter C. Schwartzkopf Voted No
- Sarah McBride
- Sherry Dorsey Walker
Co-sponsors (0)
None.
Not signed on (37)
37 members have not signed on to this bill.
Show all 37 →"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 |
|---|---|---|---|---|
| Democratic | 13 | 0 | 0 | 0 |
| Republican | 1 | 4 | 0 | 1 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 16 | 4 | 0 | 1 |
| % of votes cast | 76% | 19% | 0% | 5% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| 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 |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Russell Huxtable | 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 | Nay |
| David L. Wilson | Republican | Not Voting |
| Eric Buckson | Republican | Yea |
| Gerald W. Hocker | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 2 | 0 | 0 |
| Democratic | 20 | 0 | 0 | 0 |
| Republican | 2 | 11 | 0 | 0 |
| Total | 28 | 13 | 0 | 0 |
| % of votes cast | 68% | 32% | 0% | 0% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 1 do?
- This Act removes all penalties for use or possession of a personal use quantity of marijuana and marijuana accessories. It further specifies that the adult sharing of a personal use quantity or less of marijuana is legal activity for those 21 years of age or older and that those 21 or older may possess, use, display, purchase, or transport accessories and personal use quantities of marijuana without penalty. When transporting in a vehicle, those items must be in a closed container or otherwise not readily accessible to anyone inside the vehicle. The statute also specifies certain activities which remain unlawful. Finally, the definition of "personal use quantity" of marijuana is updated to include not only 1 ounce or less of leaf marijuana, but also equivalent amounts of marijuana product in other forms.
- Who sponsors HB 1?
- HB 1 is sponsored by John "Jack" Walsh (Democratic), Bryan Townsend (Democratic), Laura V. Sturgeon (Democratic), S. Elizabeth Lockman (Democratic), Madinah Wilson-Anton (Democratic), Brian Pettyjohn (Republican), Cyndie Romer (Democratic), David L. Wilson (Republican), Marie Pinkney (Democratic), David P. Sokola (Democratic), Sean M. Lynn (Democratic), Spiros Mantzavinos (Democratic), Kendra Johnson (Democratic), Kerri Evelyn Harris (Democratic), Nicole Poore (Democratic), Franklin D. Cooke (Democratic), Trey Paradee (Democratic), Russell Huxtable (Democratic), Eric Morrison (Democratic), Edward S. Osienski (Democratic), Valerie Longhurst, Paul S. Baumbach, Peter C. Schwartzkopf, Sarah McBride, and Sherry Dorsey Walker.
- What is the current status of HB 1?
- This bill died with 152nd General Assembly (2023-2024). It reached “Passed House” 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 1?
- Track HB 1 free on One Click Politics — get push/email alerts when it moves.
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