Senate approves bill letting Newark alderman’s court hear certain marijuana cases

The Delaware Senate on March 18 approved House Bill 33 with House Amendment 1, a measure that expands the jurisdiction of the City of Newark’s alderman’s court to hear certain marijuana-related violations previously handled by higher courts.

House Bill 33, floor-managed in the Senate by Senator Sikola, would give Newark’s alderman’s court concurrent jurisdiction with the Court of Common Pleas over violations of subsection 47.64 that concern use, consumption or possession of marijuana or THC-containing substances beyond a personal-use quantity. The bill also clarifies jurisdictional lines: the Court of Common Pleas would retain jurisdiction over public-consumption offenses in subsection 47.64(d); the Justice of the Peace Court would retain jurisdiction for personal-use-quantity possession by people under 21; and Family Court would retain jurisdiction for violations by people under 18. The legislation makes no change to penalties for the offenses it addresses.

Sponsor comments and committee notes read into the record said the change is intended to streamline local adjudication and reduce caseload pressure on the Court of Common Pleas. Senator Sikola told colleagues that the courts, the Department of Justice and the Office of Defense Services reviewed the bill and had no objections. Senator Hoffner, who asked to be added as a sponsor, said the bill keeps marijuana possession for young adults from becoming a criminal matter and described it as “a good policy” because “it’s only a civil violation.”

Under the bill’s fee provisions, Newark would retain a $10 court security fee; other fees would be collected and remitted as required, including payments to the victims’ compensation fund. The sponsor noted Delaware’s Constitution, Article 6, Section 28, requires a two-thirds vote to expand the jurisdiction of an inferior court; the Senate recorded a roll call of 19 yes and 2 absent and declared the bill passed to the Senate.

The record indicates Paul Biladu, identified in the chamber as a city solicitor, joined virtually to answer technical questions if needed. No technical questions were raised on the floor. The Senate completed its roll call on the measure and announced that House Bill 33 with House Amendment 1 had met the constitutional threshold and was declared passed to the Senate.

The measure now proceeds per regular legislative process; the bill text and any implementing rules would determine how cases are transferred or assigned in practice.