House Bill 39
148th General Assembly (2015 - 2016)
The General Assembly has ended, the current status is the final status.
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MARIJUANA.
The purpose of this bill is to decriminalize the possession or private use of a personal use quantity of marijuana. More specifically, persons who possess one ounce or less of marijuana shall be assessed a civil penalty that will not become part of a criminal record and must forfeit the marijuana. Likewise, the private use or consumption of less than an ounce of marijuana shall be punishable by a civil penalty. Persons charged with one of these civil violations are not subject to incarceration. Furthermore, under Section 2 of this bill the public use or consumption of an ounce or less of marijuana will be an unclassified misdemeanor punishable by a fine of not more than $200 or imprisonment for not more than 5 days. This penalty is in line with the penalty for possession or consumption of an open container of alcohol in most municipalities in the state. This bill does not in any manner modify Title 21 driving offenses nor does it prohibit municipal regulation of marijuana use, consumption, or possession. A person charged or assessed a civil violation in connection with a personal use quantity of marijuana cannot also be charged with possession of drug paraphernalia. A person who is not charged with personal use quantity of marijuana possession can still be charged or assessed a civil violation of possession of drug paraphernalia. This bill does not repeal or modify existing laws relating to medical marijuana or penalties for the operation of motor vehicles under the influence.
Takes effect upon being signed into law