HB33 • 2025

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATED TO CONTROLLED SUBSTANCES IN THE CITY OF NEWARK.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Romer
Last action: 2025-04-14
Official status: Signed 4/14/25
Effective date: Not listed

Plain English Breakdown

The bill summary does not provide specific details about the effective date after signing by the Governor.

Changes to Drug Laws for Newark

This law changes how certain drug offenses are handled in the city of Newark, allowing them to be heard initially at Alderman's Court or the Court of Common Pleas.

What This Bill Does

Allows criminal charges related to using, consuming, or possessing marijuana or other substances containing tetrahydrocannabinols (THC) in quantities larger than personal use by people over 18 years old to be heard initially at Alderman's Court or the Court of Common Pleas if they happen in Newark.
Permits civil violations for individuals under 21 who use, consume, or possess a small amount of marijuana or THC-containing substances to be heard first at Alderman’s Court if these actions occur within Newark and involve people over 18 years old.

Who It Names or Affects

People who are at least 18 years old and commit drug offenses involving marijuana or other substances containing tetrahydrocannabinols in quantities larger than personal use within the city limits of Newark.
The courts in Newark, including Alderman's Court and the Justice of the Peace Court.

Terms To Know

Tetrahydrocannabinols (THC): A chemical found in marijuana that can cause changes in mood and perception.
Personal use quantity: The amount of a substance someone uses for themselves, not to share or sell.

Limits and Unknowns

Does not specify the effective date after being signed by the Governor.
Only applies to offenses committed within the city limits of Newark.
Does not change how drug offenses are handled outside of Newark.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Romer

Passed 1/30/25

Plain English: This amendment changes how certain drug-related cases are handled in Newark by allowing them to be heard in the Alderman's Court instead of other courts, depending on whether they are criminal or civil violations.

Removes lines that were previously in HB33 and replaces them with new rules about which court can hear specific types of drug-related cases involving people aged 18 or older.
Specifies that the Alderman's Court can handle both criminal charges (for certain drug offenses) and civil penalties (for other drug offenses) if they are part of a Newark ordinance.

The exact details about how these changes will be implemented in practice, such as specific procedures or penalties, are not provided in the amendment text.

Bill History

2025-04-14 Delaware General Assembly
Signed by Governor
2025-03-18 Delaware General Assembly
Passed By Senate. Votes: 19 YES 2 ABSENT
2025-03-12 Delaware General Assembly
Reported Out of Committee (Health & Social Services) in Senate with 6 On Its Merits
2025-01-30 Delaware General Assembly
Amendment HA 1 to HB 33 - Passed In House by Voice Vote
2025-01-30 Delaware General Assembly
Passed By House. Votes: 37 YES 4 ABSENT
2025-01-30 Delaware General Assembly
Assigned to Health & Social Services Committee in Senate
2025-01-29 Delaware General Assembly
Amendment HA 1 to HB 33 - Introduced and Placed With Bill
2025-01-22 Delaware General Assembly
Reported Out of Committee (Administration) in House with 5 On Its Merits
2025-01-09 Delaware General Assembly
Introduced and Assigned to Administration Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATED TO CONTROLLED SUBSTANCES IN THE CITY OF NEWARK.
This Act allows criminal charges of using, consuming, or possessing other than a personal use quantity of a marijuana or other substance containing tetrahydrocannabinols and charges of public consumption of the same, where the offense is committed in the City of Newark by a person over 18 years of age, to be heard initially at either the Alderman’s Court or in the Court of Common Pleas. This Act likewise allows a civil violation for a person under the age of 21 using, consuming, or possessing a personal use quantity of a marijuana or other substance containing tetrahydrocannabinols to be heard initially at the Alderman’s Court where the violation is committed in the City of Newark by a person over 18 years of age.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Romer & Sen. Sokola

Rep. Gorman; Sens. Hansen, Hoffner

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 33

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATED TO CONTROLLED SUBSTANCES IN THE CITY OF NEWARK.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend § 4795, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4795. Jurisdiction [For application of this section, see 80 Del. Laws, c. 38, § 6].

(a) The Superior Court shall have original and exclusive jurisdiction over any violation of this chapter by persons 18 years of age or older.

(b) The provisions of subsection (a) of this section or any other law to the contrary notwithstanding, the Court of Common Pleas shall have original jurisdiction over any violation of the following by persons 18 years of age or older:

(1) Section 4761(a) of this title.

(2) Section 4763 of this title.

(3) Section 4764(b) and (d) of this

title.

title, except as specified in subsection (e) of this section.

(4) Section 4771 of this title, except where jurisdiction over the civil penalty resides in the Justice of the Peace Court pursuant to subsection (c) of this section.

(c) The Justice of the Peace Court shall have original jurisdiction over any violation of the following by persons 18 years of age or older:

(1) Section 4764(c) of this

title.

title, except as specified in subsection (e) of this section.

(2) Section 4774(b) of this title.

(d) The Family Court shall have original and exclusive jurisdiction over violations of this chapter by persons under age 18.

(e) Violations of § 4764 of this title that are alleged to have occurred within the City of Newark by persons 18 years of age or older may be brought initially before the Alderman’s Court of the City of Newark.

(1) The Alderman’s Court of the City of Newark and the Court of Common Pleas have concurrent jurisdiction over violations of

§ 4764(b) and (d) of this title that are committed within the City of Newark by persons 18 years of age and older.

(2) The Alderman’s Court of the City of Newark and the Justice of the Peace Court have concurrent jurisdiction over violations of

§ 4764(c) of this title that are committed within the City of Newark by persons 18 years of age and older.

SYNOPSIS

This Act allows criminal charges of using, consuming, or possessing other than a personal use quantity of a marijuana or other substance containing tetrahydrocannabinols and charges of public consumption of the same, where the offense is committed in the City of Newark by a person over 18 years of age, to be heard initially at either the Alderman’s Court or in the Court of Common Pleas. This Act likewise allows a civil violation for a person under the age of 21 using, consuming, or possessing a personal use quantity of a marijuana or other substance containing tetrahydrocannabinols to be heard initially at the Alderman’s Court where the violation is committed in the City of Newark by a person over 18 years of age.