Delaware General Assembly

Passed

The General Assembly has ended, the current status is the final status.

HB 39

6/2/15

Keeley

This amendment makes several changes to House Bill 39. It clarifies that only small amounts of leaf marijuana are subject to a civil penalty under this Act. Other compounds, derivatives, and preparations of marijuana remain criminal in any quantity. Under this amendment possession and use of marijuana by persons under the age of 18 remains a criminal offense in all circumstances. For persons between 18 and 21, private use or possession of less than one ounce of leaf marijuana is a civil violation for a first offense. Any second or subsequent offense by a person between 18 and 21 is an unclassified criminal misdemeanor punishable by a fine of $100. A single criminal conviction for a person under 21 is eligible for mandatory expungement when that person turns 21 so long as no other offenses have been committed. This is also true for underage consumption of alcohol offenses. A clarification is made that marijuana is still subject to forfeiture even when possessed or used in a manner that is subject to a civil penalty rather than a criminal charge. It changes language referring to the doubling of unpaid fines so that the time period for payment runs from final adjudication, rather than the date the violation occurred. The term public place is replaced with “area accessible to the public” and that term is defined. The amendment restores a criminal penalty for use or consumption of marijuana in a moving vehicle. The amendment clarifies that this change in the law is not intended to affect search and seizure law as it currently exists in the State. Clarification is made that the drug paraphernalia charge may not be brought where a marijuana possession charge has been brought – so long as the paraphernalia in question is marijuana related. The amendment also makes technical changes to enhance clarity and eliminate unintended ambiguity.

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