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Delaware  Marijuana Laws

Recreational Marijuana Laws

Penalty Details
Under Delaware law marijuana is a schedule I drug. Legislation was approved in 2015 amending penalties for the possession of up to one ounce (28.35 grams) to a civil penalty, punishable by no more than a $100 fine. The use of marijuana by minors, in public, or in a moving vehicle will remain a criminal offense.

Possession for Personal Use
Sentencing penalties are provided in the chart above or listed under the miscellaneous section below.

Personal use quantity of marijuana is one ounce or less.

Possession of more than one ounce, but less than 175 grams of marijuana is an unclassified misdemeanor. If there are one or more aggravating factors involved, possession is a class B misdemeanor.

Possession of 175 – less than 1,500 grams is a class F felony, with one prior conviction a class D felony, with two or more prior convictions a class C felony. If one aggravating factor is involved possession is a class D felony, with one or more prior convictions a class C felony. If two or more aggravating factors are involved possession is a class C felony.

Possession of 1,500 – less than 3,000 grams is a class E felony, with one prior conviction a class C felony, with two or more prior convictions a class B felony. If one aggravating factor is involved possession is a class C felony, with one or more prior convictions a class B felony. If two or more aggravating factors are involved possession is a class B felony.

Possession of 3,000 – less than 4,000 grams is a class D felony, with one or more prior convictions a class B felony. If at least one aggravating factor is involved possession is a class B felony.

Possession of 4,000 – less than 5,000 grams is a class C felony. If at least one aggravating factor is involved possession is a class B felony.

Possession of 5,000 grams or more, with or without an aggravating factor is a class B felony.

Distribution, Sale, or Manufacture
Distribution, Sale, or Manufacture of less than 1,500 grams is a class D felony, with one prior conviction a class C felony, with two or more prior convictions a class B felony. If one or more aggravating factors are involved the offense is a class C felony.

Distribution, Sale, or Manufacture of 1,500 – less than 4,000 grams is a class C felony, with one or more prior convictions a class B felony. If one or more aggravating factors are involved the offense is a class B felony.

Distribution, Sale, or Manufacture of more than 4,000 grams is a class B felony.

Hash & Concentrates
The Delaware statute uses the general term “Marijuana” to refer to plant Cannabis and “every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.” Nowhere does the statute differentiate penalties for Marijuana and Hashish or Concentrates. Both substances are classified under Schedule I of the Delaware Controlled Substances schedule.

Paraphernalia
Any person who uses or possesses drug paraphernalia for the use or possession of a personal use quantity of marijuana shall be assessed a civil penalty of not more than $100.00.

Any person who uses or possesses with the intent to use drug paraphernalia is guilty of a class B misdemeanor, punishable with confinement for up to 6 months and a fine of no more than $1,000.

Any person who delivers drug paraphernalia or possesses drug paraphernalia with the intent to deliver, is guilty of a class G felony, punishable by up to 2 years incarceration.

Any person who delivers drug paraphernalia to another person who is under 18 yeas old is guilty of a class E felony, punishable by up to 3 years incarceration.

See

Delaware CODE ANN. tit. 16, §§ 4771 through 4774 Web Search
Forfeitures
All controlled substances, which have been manufactured, distributed, possessed, dispensed or acquired including any property, which is used, or intended for use, as a container for property.

All raw materials, products and equipment of any kind, which are used, or intended for use, in manufacturing, delivering, importing or exporting any controlled substance including any property, which is used, or intended for use, as a container for property.

Any conveyances, including aircraft, vehicles, or vessels which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, trafficking in or possession with intent to deliver marijuana; all books, records, and research products and materials including formulas, microfilm, tapes and data which are used or intended for use in violation of this chapter; all drug paraphernalia; all moneys, negotiable instruments, securities or any other thing of value furnished, or intended to be furnished, in exchange for a controlled substance or drug paraphernalia; all profits or proceeds traceable to securities, assets or interest used, or intended to be used, to facilitate any drug crime.

Miscellaneous
Sentencing
An unclassified misdemeanor is punishable by up to 30 days imprisonment and a fine not to exceed $575, unless other wise specified.
A class B misdemeanor is punishable by up to 6 months imprisonment and a fine not to exceed $1,000.
A class A misdemeanor is punishable by up to 1 year imprisonment and a fine not to exceed $2,300.
A class G felony is punishable by up to 2 years imprisonment.
A class F felony is punishable by up to 3 years imprisonment.
A class E felony is punishable by up to 5 years imprisonment.
A class D felony is punishable by up to 8 years imprisonment.
A class C felony is punishable by up to 15 years imprisonment.
A class B felony is punishable by 2 – 25 years imprisonment.
Felony penalty fines do not have a cap. All drug crimes require additional 15% surcharge for the rehabilitation fund.
Also a 6 month license suspension may be added in addition to the sentences provided above.
Super Weights
Marijuana weighing 15,000 grams (33 pounds) or less is punishable by 4 – 10 years imprisonment. More than 15,000 – 37,500 grams (83 pounds) is punishable by 6 – 12 years imprisonment. More than 37,500 – 75,000 grams (165 pounds) is punishable by 8 – 15 years imprisonment.

Aggravating Factors
The offense was committed within a protected school zone or park or place of worship or occurred in a vehicle. If both protected school zone and protected park or place of worship are present, then both may be alleged and proven, but together they count only as one.

The Defendant was an adult and the offense involved a minor (at least 4 years younger than the defendant) as a co-conspirator, accomplice, or the intended/actual recipient.

The Defendant, by use of violence or force, during or immediately following the offense, intentionally prevented or attempted to prevent the officer from making an arrest; or fled from an officer in a vehicle from, thereby creating a substantial risk of physical injury to other persons.

First time offenders may be placed on probation instead of sent to prison or fined. Probation includes state sponsored dug treatment, drug testing, suspension of offender’s driver’s license, and community service. Successful completion of the program results in the charges against the individual being dropped and a conviction not appearing on the offender’s record. If the offender does commit another drug crime, however, this adjudication does count as a conviction.

Medical Marijuana Laws:
Alzheimer’s disease
Amyotrophic Lateral Sclerosis
Cachexia
Cancer
Chronic pain
HIV/AIDS
Intractable epilepsy*
Nausea
Post-traumatic Stress Disorder (PTSD)
Seizures
Severe and persistent muscle spasms

* If the qualifying patient is younger than 18 years of age, the recommending physician must be a pediatric neurologist, pediatric gastroenterologist, pediatric oncologist or pediatric palliative care specialist. Adolescent patients are only permitted to possess oils containing at least 15 percent CBD (and no more than 7 percent THC) and/or oils containing 15 percent THC acid (and no more than 7 percent THC). Read the full law »
PATIENT POSSESSION LIMITS
Six ounces

HOME CULTIVATION
No

STATE-LICENSED DISPENSARIES
Yes

STATE-LICENSED DISPENSARIES OPERATIONAL
Yes

CAREGIVERS
No

ESTIMATED NUMBER OF REGISTERED PATIENTS
1,407

RECIPROCITY
No