In 2015 Delaware decriminalized marijuana possession. Legislation to allow those convicted of such an offense prior to the law taking effect has been passed by Delaware’s full legislature.
“This Act provides mandatory expungement eligibility to individuals who were convicted of the possession, use or consumption of marijuana prior to Delaware’s decriminalization of these offenses”, states the summary of Senate Bill 197 . “[T]he marijuana conviction must be the applicant’s only criminal conviction” in order for it to be eligible for expungement.
The bill was filed by Senate Minority Whip Greg Lavelle, and House Majority Leader Valerie Longhurst. It now goes to the desk of Governor John Carney. He has the option of vetoing it, though it was passed by the legislature with a veto-proof majority [over two thirds].
Last week a majority of Delaware’s House passed a measure to legalize marijuana. However, it failed to advance since it didn’t meet the 60% threshold.