DOVER, Del. - Delaware lawmakers return to Legislative Hall on Jan. 13 for the first session of the second leg of the 153rd General Assembly, and several newly introduced bills are already generating attention across the state.
House Bill 252 is among the first pieces of legislation introduced this session. Sponsored by Rep. Morrison and Sen. Pinkney, the bill would change how Delaware handles public marijuana use. Specifically, it downgrades the use or consumption of a personal use quantity of marijuana, or products containing tetrahydrocannabinols, in public or in a moving car from a misdemeanor to a civil violation.
Under the proposal, first-time violations would carry a fine of up to $50. Subsequent offenses could lead to fines of up to $100. The bill clarifies that this change does not affect Delaware’s DUI laws. The bill was introduced Dec. 18 and is now in the House Health & Human Development Committee.
Another major proposal gaining bipartisan support is House Substitute 1 for House Bill 183, which would overhaul how Delaware fills legislative vacancies. Sponsored by Rep. Mara Gorman and Sen. Eric Buckson, the bill would require special primary elections to be held for all legislative vacancies, ending the current practice of internal party appointments.
The bill mandates the State Election Commissioner issue a writ of election within five days of a vacancy. That would set a timeline for both a special primary and a special general election. Primary elections would occur between 35 and 40 days after the writ is issued, with the general election following within a similar timeframe.
The legislation also includes provisions to avoid overlapping special and regular elections in general election years. If a vacancy occurs after May 15 in a district already up for election in November, regular primary and general elections would be used to fill the seat.
One of the bill’s co-sponsors, Rep. Alonna Berry, previously won her seat through a vacancy in District 20. That seat became open after former Rep. Stell Parker Selby did not cast a vote throughout the session.
The bill has been assigned to the House Elections and Government Affairs Committee.
House Bill 239 aims to change the Delaware Constitution itself. Sponsored by Rep. Spiegelman and Sen. Buckson, the bill is a First Leg Constitutional Amendment that would require a three-fifths vote in each chamber to suspend legislative rules. Currently, a simple majority is sufficient.
HB 239 was introduced Dec. 18 and is currently in the House Administration Committee. As a constitutional amendment, the bill would need to pass in two consecutive General Assemblies before becoming law.
First Day Agendas
Lawmakers in the Delaware House of Representatives are set to take up Senate Bill 106 on the first day of the 2026 legislative session, as education policy takes center stage in the opening agenda.
The bill, sponsored by Sen. Eric Buckson and co-sponsored by a bipartisan group of legislators, would require every public school district and charter school in Delaware to adopt a policy regulating student cell phone use during school hours.
The proposal mandates that school policies be developed with input from educators and must include:
Clear guidelines on acceptable cell phone use
Limitations during instructional time
Designated times and places for use
Communication protocols involving parents or guardians
Appropriate consequences for violations
Exceptions for emergencies and accommodations
The legislation also requires that each district or charter school submit its policy to the Delaware Department of Education and post it publicly online by Aug. 1, 2025. Future amendments to the policy must also be reported and updated on the school’s website.
The Delaware Senate's first agenda includes bills that could expand unemployment benefits during labor disputes, clarify gun purchasing requirements for law enforcement and call for closer review of contracts with Avelo Airlines.
Senate Bill 26 sponsored by Sen. Brown and Rep. Burns, would allow workers involved in labor disputes, even those that do not qualify as lockouts, to receive unemployment benefits after a two-week waiting period, provided they meet all other eligibility requirements.
The bill would waive the two-week waiting period in cases where an employer violates a contract or labor law, or hires permanent replacement workers. The legislation also empowers the Delaware Department of Labor to penalize employers who falsely claim a worker’s job will be available after a dispute ends.
Senate Bill 188 introduced by Sen. Lockman and Rep. Cooke, focuses on law enforcement gun procurement. The bill would formally exempt law enforcement agencies from Delaware’s permit-to-purchase requirements when buying guns for official use by officers.
Senate Concurrent Resolution 123 sponsored by Sen. Seigfried and Rep. Gorman, focuses on Avelo Airlines and the Delaware River and Bay Authority. The resolution urges the authority to more carefully scrutinize current and future contracts with Avelo and any other business that partners with U.S. Immigration and Customs Enforcement to transport detainees, particularly when due process protections may be in question.
However, Avelo Airlines said on Jan. 7 that it will close its base at Phoenix-Mesa Gateway Airport on Jan. 27, ending its involvement in the Department of Homeland Security’s deportation charter program. A company spokesperson confirmed the change in a statement provided to CoastTV. Avelo also said its involvement failed to deliver long-term financial sustainability.
All three measures have been voted out of committee and placed on the Senate Ready List, positioning them for possible floor action on the first day of the session.