DELAWARE STATE SENATE

150th GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

TO

SENATE BILL NO. 45

AMEND Senate Bill No. 45 by deleting lines 18 through 26 in their entirety and inserting in lieu thereof the following:

“(c) (1) Any person 21 years of age or older who knowingly or intentionally possesses a personal use quantity of a controlled substance or a counterfeit controlled substance classified in § 4714(d)(19) of this title, except as otherwise authorized by this chapter, shall must be assessed a civil penalty of $100 in addition to such routine assessments necessary for the administration of civil violations and the marijuana shall must be forfeited.

(2) Private use or consumption by a person 21 years of age or older of a personal use quantity of a controlled substance or a counterfeit controlled substance classified in § 4714(d)(19) of this title shall is likewise be punishable by a civil penalty under this subsection.

(3) Any person 18 years of age or older, but under 21 years of age, Notwithstanding paragraph (c)(1) or (c)(2) of this subsection, any person under 21 years of age who commits any of the acts described in this subsection shall a violation of this subsection must be assessed a civil penalty of $100 for the first offense a first violation of this subsection and a civil penalty of not less than $200 nor more than $500 for a second violation of this subsection and shall be is guilty of an unclassified misdemeanor and must be fined $100 for a second third or subsequent offense. violation of this subsection.

(4) Unpaid fines shall double if not paid within 90 days of final adjudication of the violation. a violation of this subsection. ”.

SYNOPSIS

This Amendment makes the possession or private use or consumption of a personal use quantity of marijuana a civil offense for an individual who is under 21 years of age only for the first and second offense. A third offense would be an unclassified misdemeanor.

Author: Senator Paradee