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DE HB234

Bill

Status

Introduced

6/15/2017

Primary Sponsor

Stephen Smyk

Click for details

Origin

House of Representatives

149th General Assembly

AI Summary

  • Amends § 1448 of Title 11 (Delaware Code) regarding prohibitions on possessing deadly weapons to create an exception for personal use marijuana possession

  • Clarifies that possession of a semi-automatic firearm, automatic firearm, or handgun is not prohibited solely due to simultaneous possession of a personal use quantity of marijuana as defined in § 4701 of Title 16

  • Exception applies only when the marijuana is not possessed in a public place or motor vehicle and qualifies as a civil penalty (rather than a felony) under § 4764 of Title 16

  • Addresses the legal issue raised in State v. Murray (Delaware Superior Court, 2017) regarding the felony charge of possessing a deadly weapon by a prohibited person

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To The Possession Of Deadly Weapons.

Last Action

Tabled in Committee

1/17/2018

Committee Referrals

Judiciary6/15/2017

Full Bill Text

No bill text available