Delaware Laws & Penalties
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.
See
Delaware CODE ANN. tit. 16, § 4714 Web Search
Delaware CODE ANN. tit. 16, §§ 4755 & 4756 Web Search
Delaware CODE ANN. tit. 16, § 4764 Web Search
Delaware CODE ANN. tit. 16, §§ 4751B – 4752 Web Search
Delaware CODE ANN. tit. 16, § 4753 Web Search
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.
See
Delaware CODE ANN. tit. 16, §§ 4751B – 4752 Web Search
Delaware CODE ANN. tit. 16, § 4753 Web Search
Delaware CODE ANN. tit. 16, § 4754 Web Search
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.
See
Delaware CODE ANN. tit. 16 § 4701(26) Web Search
Delaware CODE ANN. tit. 16 Del.C. § 4714(d)(19) Web Search
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.
See
Delaware CODE ANN. tit. 16, §4784 Web Search
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.
See
Delaware CODE ANN. tit.16 § 4701(14) Web Search
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.
See
Delaware CODE ANN. tit. 16 § 4751A Web Search
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.
See
Delaware CODE ANN. tit. 16, §4767 Web Search
CONDITIONAL RELEASE
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
DECRIMINALIZATION
The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
DRUGGED DRIVING
This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.
HEMP
This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products.
MANDATORY MINIMUM SENTENCE
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.
MEDICAL MARIJUANA
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.
Delaware Medical Marijuana Law
QUALIFYING CONDITIONS
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
Yes
ESTIMATED NUMBER OF REGISTERED PATIENTS
3,274
Source: Delaware Health and Social Services
RECIPROCITY
No
CONTACT INFORMATION
Delaware Health and Social Services
Division of Public Health
http://dhss.delaware.gov/dph/hsp/medmarhome.html
Delaware Hemp Law
Year Passed: 2014
Summary: House Bill 385 permits any higher education institution to “grow or cultivate industrial hemp for the purpose of agricultural or academic research.” Higher education institutions must submit 1) the location where the institution intends to grow or cultivate industrial hemp, 2) a research plan and 3) the names an employee supervising the research to the Department of Agriculture for authorization.
Statute: Del. Code Ann. tit. 3 § 2802 (2014)