Last Update: March 9, 2015

Delaware General Assembly to consider decriminalizing marijuana possession

On January 29, State Rep. Helene Keeley, State Sens. Margret Rose Henry and Bryan Townsend, and 10 of their colleagues introduced legislation that would replace Delaware’s criminal penalty for marijuana possession with a $100 civil fine, similar to a traffic ticket. If you are a resident of the First State and think that individuals should not be made criminals for simply possessing marijuana, please email your state lawmakers in support of HB 39.

Possessing one ounce or less of marijuana in the First State is currently a misdemeanor punishable by up to three months in jail, a criminal fine of up to $575, or both. Unfortunately, according to the ACLU, this punishment is disproportionately felt by African Americans, who are three times more likely to be arrested in Delaware for marijuana possession than their white neighbors.

Polling conducted by Public Policy Polling and commissioned by the Marijuana Policy Project in March of 2014 found 68% support for replacing Delaware's criminal penalties for possession of up to an ounce of marijuana with a $100 civil fine. This should come as no surprise as this modest policy change would allow law enforcement to focus on more serious crimes and would end the draconian practice of saddling Delawareans with criminal records for simply possessing a small amount of a substance that is safer than alcohol. 

Fifteen states and the District of Columbia have enacted similar reforms. Four more states — Colorado, Washington, Alaska, and Oregon — have made marijuana legal for adults 21 and older, an idea that is also supported by a majority of Delaware voters. Yet, Delaware continues to criminalize possession of personal use quantities of marijuana. With your help, 2015 will finally be the year Delaware stops arresting individuals for possessing a modest amount of marijuana.

Compassion center regulations final

In August 2014, more than three years after the state’s medical marijuana act was signed into law, Delaware’s first compassion center was finally approved. Unfortunately, the center will be limited to cultivating 150 plants — far too few to meet patients’ needs. MPP submitted comments urging the department to revise the regulations to ensure a workable program. While the department refused to lift the cap now, there is a possibility of doing so later if and when the current regulations prove too limited.

The Department of Health continues to accept applications for medical marijuana ID cards, which will be required for patients seeking to obtain their medicine from a compassion center once it is open. If you are interested in obtaining your medical marijuana ID card, please visit the medical marijuana program's website or call them at (302) 744-4749 to receive application forms. If you have further questions about the medical marijuana program, please see our summary of the law

MPP's Noah Mamber and Karen O'Keefe in Dover with Sen. Margaret Rose Henry and several of the state's most committed patients to watch Gov. Markell sign SB 17.

Ending marijuana prohibition in Delaware

Ending marijuana prohibition by passing legislation to tax and regulate marijuana like alcohol will take a diverse coalition of supporters. If you are a member or former member of law enforcement, active or retired military personal, member of the clergy, economist, medical professional, or a victim of marijuana prohibition, and you support ending marijuana prohibition, we’d love to hear from you.

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01/31/15 |
Decriminalizing marijuana makes sense

01/29/15 |
Delaware marijuana decriminalization bill introduced







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Marijuana Policy Project
P.O. Box 77492
Capitol Hill
Washington, D.C. 20013

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