Andria L. Bennett
- Democratic
Primary
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.
Vetoed by Governor
Laid On Table in Senate
Passed By Senate. Votes: 17 YES 4 NO
Lifted From Table in Senate
Reported Out of Committee (Health & Social Services) in Senate with 3 Favorable, 3 On Its Merits
Assigned to Health & Social Services Committee in Senate
Passed By House. Votes: 41 YES
Reported Out of Committee (Public Safety & Homeland Security) in House with 4 Favorable, 3 On Its Merits
Introduced and Assigned to Public Safety & Homeland Security Committee in House
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