Delaware House Bill 276
Session 151
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.
Active
Vetoed by Governor on Oct 27, 2022
Sponsors
6 Sponsors
Andria L. Bennett
Bryan Townsend
Trey Paradee
Brian Pettyjohn
Kimberly Williams
Jeffrey N. Spiegelman
First Action
Jan 6, 2022
Latest Action
Oct 27, 2022
Origin Chamber
House
Type
Bill
Bill Number
276
State
Delaware
Session
151
checkPassed on June 14, 2022
Motion Text
SM
House Roll Call Votes
Yes
Yes
Stephanie T. Bolden
Yes
Yes
Yes
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.
Sort by most recent
10/27/2022
Office of the Governor
Vetoed by Governor
06/29/2022
Senate
Passed By Senate. Votes: 17 YES 4 NO
06/29/2022
Senate
Lifted From Table in Senate
06/29/2022
Senate
Laid On Table in Senate
06/22/2022
Senate
Reported Out of Committee (Health & Social Services) in Senate with 3 Favorable, 3 On Its Merits
06/14/2022
Senate
Assigned to Health & Social Services Committee in Senate
06/14/2022
House
Passed By House. Votes: 41 YES
01/18/2022
House
Reported Out of Committee (Public Safety & Homeland Security) in House with 4 Favorable, 3 On Its Merits
01/06/2022
House
Introduced and Assigned to Public Safety & Homeland Security Committee in House
Sources
Open States
Record Created
Jan 7, 2022 12:51:35 AM
Record Updated
Oct 30, 2022 7:41:57 AM