HB 276 DE Vetoed
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.
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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.
Sponsors (6)
- Andria L. Bennett · primary
- Bryan Townsend Democratic · primary
- Trey Paradee Democratic · primary
- Brian Pettyjohn Republican · primary
- Kimberly Williams Democratic · primary
- Jeffrey N. Spiegelman Republican · primary
8 coauthors / cosponsors
- David P. Sokola Democratic · cosponsor
- John "Jack" Walsh Democratic · cosponsor
- Gerald W. Hocker Republican · cosponsor
- Paul S. Baumbach · cosponsor
- Eric Morrison Democratic · cosponsor
- Edward S. Osienski Democratic · cosponsor
- Michael Ramone · cosponsor
- Michael F. Smith Republican · cosponsor
Action history (9)
- Jan 6, 2022 Introduced and Assigned to Public Safety & Homeland Security Committee in House · lower
- Jan 18, 2022 Reported Out of Committee (Public Safety & Homeland Security) in House with 4 Favorable, 3 On Its Merits · lower
- Jun 14, 2022 Passed By House. Votes: 41 YES · lower
- Jun 14, 2022 Assigned to Health & Social Services Committee in Senate · upper
- Jun 22, 2022 Reported Out of Committee (Health & Social Services) in Senate with 3 Favorable, 3 On Its Merits · upper
- Jun 29, 2022 Laid On Table in Senate · upper
- Jun 29, 2022 Lifted From Table in Senate · upper
- Jun 29, 2022 Passed By Senate. Votes: 17 YES 4 NO · upper
- Oct 27, 2022 Vetoed by Governor · executive
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