DelawareSB 249153rd General Assembly (2024–2026)SenateWALLET

AN ACT TO AMEND TITLE 16 AND TITLE 29 OF THE DELAWARE CODE RELATING TO SUBSTANCE USE HARM REDUCTION.

Sponsored By: Marie Pinkney (Democratic)

Signed by Governor

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

6 provisions identified: 5 benefits, 1 costs, 0 mixed.

More help for harm reduction participants

Delaware harm reduction programs must offer sterile supplies, drug-testing tools, overdose-reversal medicines, and disease-prevention barriers such as condoms. They must provide supply collection and disposal, infection screening, first aid, and wound care. Programs must offer education, training, health care and vaccination referrals, and help with transportation, housing, and eligible public benefits. Programs must provide enough sterile supplies to prevent sharing or reuse, without requiring used supplies in exchange. They must also encourage participants to distribute new, sterile supplies to peers.

Legal protection for harm reduction workers

People carrying out activities under the harm reduction law gain legal protections when acting in good faith with reasonable care. Protection covers criminal liability, professional discipline or other adverse action, and civil liability for injury or death. It does not cover injury or death caused by unreasonable care, willful or wanton conduct, or gross negligence.

Privacy rights for harm reduction participants

Participants can remain anonymous, and programs cannot require information that could reveal their identity. Records are confidential, not public, and protected from discovery in legal proceedings; participants can authorize disclosure in writing. The state generally cannot require data collection or reports, except for specified operational, transaction-level, and program-level information. Programs need state approval for participant research or behavior tracking. Programs cannot require participants to join state-required data collection to receive services.

Fewer drug supplies count as paraphernalia

The law revises which objects count as drug paraphernalia, including production, mixing, packaging, and storage items intended for sale. It excludes legally authorized items, lawful marijuana or tobacco items, drug-testing tools, and items for concealing, containing, or storing drugs. Items used to take drugs, including needles, syringes, and pipes, are also excluded. Authorities must consider 13 factors, including residue, location, statements, sales practices, legitimate uses, and expert testimony. Covered paraphernalia can still be admitted as evidence in investigations or prosecutions.

New framework for harm reduction programs

The law replaces Delaware's prior harm reduction framework in Title 29 with a new chapter in Title 16. It repeals the former Title 29 sections 7990 through 7996. The Division of Substance Abuse and Mental Health can adopt evidence-based rules for program licensing and operation. Programs can use mobile units and peer-delivered services, subject to those rules.

Penalties for covered drug paraphernalia offenses

For objects that remain covered, knowingly possessing or using paraphernalia in violation of the law is a class B misdemeanor. Knowingly delivering, possessing with intent to deliver, converting, making, conveying, selling, or offering it for sale illegally is a class G felony. Those distribution-related offenses involving a child are class E felonies. Knowingly advertising an illegal sale of covered paraphernalia is an unclassified misdemeanor, with a fine up to $1,000 per offense. These classifications replace the repealed penalty section; excluded objects are not subject to these paraphernalia offenses.

Sponsors & Cosponsors

Sponsor

Marie Pinkney
Democratic • Senate

Cosponsors

Alonna Berry
Democratic • House
Stephanie T. Bolden
Democratic • House
Nnamdi O. Chukwuocha
Democratic • House
Kendra Johnson
Democratic • House
Kamela T Smith
Democratic • House
Larry Lambert
Democratic • House
Eric Morrison
Democratic • House
DeShanna U Neal
Democratic • House
Cyndie Romer
Democratic • House
Ray Seigfried
Democratic • Senate
David P. Sokola
Democratic • Senate
Laura V. Sturgeon
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 37 • No: 22

House vote • 6/23/2026

Passed (SM required)

Yes: 22 • No: 16

Senate vote • 5/14/2026