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DE HB469
Bill
Status
6/9/2022
Primary Sponsor
Stephen Smyk
Click for details
AI Summary
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Adds marijuana consumption to the definition of prohibited conduct while driving, placing it on equal legal footing with alcohol consumption under Delaware traffic law.
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Eliminates the requirement that a police officer must observe consumption in order to charge a violation, allowing officers to use traffic citations instead of criminal summons for marijuana consumption while driving.
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Extends license revocation penalties to minors under 21 who drive while consuming or after consuming marijuana, mirroring existing penalties for alcohol consumption (2 months for first offense, 6-12 months for subsequent offenses).
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Allows law enforcement to charge marijuana consumption while driving as a traffic violation rather than a misdemeanor, enabling individuals to avoid misdemeanor convictions.
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Requires a two-thirds vote for passage due to Delaware Constitutional requirements for expanding the scope of crimes within the jurisdiction of lower courts.
Legislative Description
An Act To Amend Title 21 Of The Delaware Code Relating To Consuming Alcoholic Beverages Or Marijuana.
Last Action
Reported Out of Committee (Public Safety & Homeland Security) in House with 2 Favorable, 7 On Its Merits
6/23/2022