Possession of small amounts of marijuana is currently prosecuted as an unclassified misdemeanor under current Delaware law, punishable by up to three months in prison and fines. With an aggravating factor, penalties become stricter, with Delawareans facing up to six months in jail and up to $1,150 in fines. But there is movement afoot to change Delaware's marijuana laws.
Attempts at Marijuana Decriminalization
In January 2015, a new Delaware marijuana decriminalization bill was introduced. Under House Bill 39, Delawareans caught with an ounce or less of marijuana would face just civil fines and not a criminal record. But will the bill become state law? Will Delaware come to treat simple possession of the drug, and private use, like a traffic ticket? Previous attempts at decriminalization have failed in Delaware.
The legislation, House Bill 39, would treat simple possession of the drug, and private use, like a traffic ticket. Selling the drug, and also possessing marijuana with an intent to sell, would remain criminal offenses.
Marijuana Laws in Delaware
Other states have expanded their drug laws to cover marijuana legalization and decriminalization, but marijuana remains illegal in Delaware even in medicinal cases. Possession of even small amounts of marijuana is a crime in Delaware. Some jurisdictions may offer drug diversion programs for some first-time offenders with no criminal history, but it's still a criminal offense, risking jail sentences and heavy fines.
Delaware Marijuana Statutes
As noted above, drug laws can differ from state to state, especially state marijuana laws. Learn more about Delaware marijuana laws in the table below.
| Code Section | Tit. 16 §4701, et seq.; 4753A |
| Possession | Class A misdemeanor (If applicable, can be subject to First Offenders Controlled Substances Diversion Program §4764); Knowingly making a purchase from a minor under 18: Class E felony. Purchasing from a minor under 16, 6 months no suspension, probation, parole. Seller is under 14 yrs. 1 year mandatory sentence |
| Sale | Class E felony: 5 yrs. and $1000 to $10,000 (more severe if near school §4767-68) |
| Trafficking | 5 lbs. or more: class B felony; 5-100 lbs.: $25,000 and minimum 2 yrs.; 100-500 lbs.: $50,000 and minimum 4 yrs.; Over 500 lbs.: $100,000 and minimum 8 yrs. |
Note: State laws are constantly changing -- contact a Delaware criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
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