delaware senate

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Delaware: Senate Committee Approves Bill To Remove Criminal Penalties For Marijuana

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The Delaware Senate Judiciary Committee on Wednesday approved a bill 4-2 that would remove criminal penalties and potential jail time for simple adult marijuana possession and replace them with a civil fine similar to a traffic ticket. The measure will now be considered by the full Senate.

HB 39, introduced by Rep. Helene Keeley (D-Wilmington South) in the House and sponsored by Judiciary Committee Chair Margaret Rose Henry (D-Wilimington East) in the Senate, would make possession of up to one ounce of marijuana by an adult a civil violation punishable by a $100 fine with no possibility of jail. Under current Delaware law, possession of up to one ounce of marijuana is a misdemeanor punishable by up to a $575 fine and up to three months in jail.

The House of Representatives approved HB 39 on June 2, and Gov. Jack Markell (D) said in a March letter to the editor of The New York Times that he is “hopeful that [his] state will decriminalize possession of small amounts of marijuana.”

“Adults should not face potentially life-altering criminal penalties simply for possessing a small amount of marijuana,” Sen. Henry said. "The potential impact for employment, housing, and education are too severe under current law for the violation.”

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