delaware cannabis Archives

Marijuana Expungement Bill Passed Unanimously by Delaware House, Already Passed Senate

July 1, 2018 by Anthony Martinelli

Delaware’s full House of Representatives has passed a bill to provide mandatory expungement eligibility to those convicted of a marijuana offense that is now decriminalized.

Senate Bill 197 passed the House today in a unanimous 40 to 0 vote, which comes less than three weeks after the Senate passed the measure 20 to 0. It will now be sent to Governor John Carney.

According to the official synopsis of Senate Bill 197, “This Act provides mandatory expungement eligibility to individuals who were convicted of the possession, use or consumption of marijuana prior to Delaware’s decriminalization of these offenses.” To be eligible for the mandatory expungement, “the marijuana conviction must be the applicant’s only criminal conviction.”

Delaware Senate Unanimously Approves Marijuana Expungement Measure

June 13, 2018 by Anthony Martinelli

Legislation to provide mandatory expungement eligibility to those convicted of certain marijuana offenses has been passed by Delaware’s full Senate.

Senate Bill 197 was passed yesterday by Delaware’s Senate in a unanimous 20 to 0 vote, with one member abstaining. According to the measure’s synopsis, “This Act provides mandatory expungement eligibility to individuals who were convicted of the possession, use or consumption of marijuana prior to Delaware’s decriminalization of these offenses.” To be eligible for the mandatory expungement, “the marijuana conviction must be the applicant’s only criminal conviction.”

The legislation was introduced by Senate Minority Whip Greg Lavelle (R), and House Majority Leader Valerie Longhurst (D). It will now go to the House of Represenatives, where passage would send it to John Carney for consideration.

Delaware Lawmakers Vote to Establish Marijuana Legalization Task Force

July 3, 2017 by Anthony Martinelli

Delaware’s full Assembly has voted to create a marijuana legalization task force.

The Adult Use Cannabis Task Force, approved by the Assembly on Saturday, is designed to “study adoption of a model for regulation and taxation of adult-use cannabis in Delaware, including local authority and control, consumer safety and substance abuse prevention, packaging and labeling requirements, impaired driving and other criminal law concerns, and taxation, revenue, and banking issues.”

The task force will consist of 23 members, with the first meeting planned for September. The group is required report its findings as well as recommendations to the Assembly and the governor by January 31, 2018.

Delaware Governor Signs Bill Allowing Medical Cannabis Use on School Grounds

September 15, 2016September 15, 2016 by Anthony Martinelli

Legislation (Senate Bill 181) allowing medical cannabis patients to use their medicine while on school grounds has been signed into law by Delaware Governor Jack Markell.

SB 181 authorizes patient caregivers to administer cannabis-based medicines such as tinctures and oils to a patient in a “school bus and on the grounds or property of the preschool, or primary or secondary school in which a minor qualifying patient is enrolled.”

“The law is similar to legislation adopted in Colorado and New Jersey – the only two other jurisdictions that explicitly permit qualified patients to utilize cannabis preparations while on school campuses”, says Danielle Keane, Political Director for the National Reform of Marijuana Laws (NORML).

Delaware Marijuana Possession Laws

July 28, 2016 by Anthony Martinelli

Delaware Marijuana Possession Laws:

1 ounce or less:

Penalty: None

1 ounce to 175 grams:

Penalty: Misdemeanor with up to 3 months in jail and a maximum fine of $575.

175 grams to 1,500 grams:

Penalty: Felony with up to 3 years in prison.

1,500 grams to 3,000 grams:

Penalty: Felony with up to 5 years in prison.

3,000 to 4,000 grams:

Penalty: Felony with up to 8 years in prison.

5,000 grams or more:

Penalty: Felony with a 2 to 25 years in prison (2 years mandatory minimum).

For further information on Delaware marijuana laws – including penalties for distribution and cultivation – click here. For recent updates to Delaware marijuana possession laws and other Delaware-related stories, click here.

Cannabis Possession Now Decriminalized in Delaware

December 17, 2015 by Anthony Martinelli

The possession of up to an ounce of cannabis is no longer a criminal offense for those 21 and older in Delaware, thanks to House Bill 39 officially taking effect at 12:00am EST on Friday, December 18th.

The new law makes it so that those 21 and older caught possessing up to an ounce of cannabis in Delaware can no longer be arrested, charged with a criminal misdemeanor and put in jail for up to 3 months, as the law previously allowed. The fine is set at a maximum of $100.

Delaware: Law Decriminalizing Cannabis Possession Takes Effect Tomorrow

December 17, 2015 by Anthony Martinelli

House Bill 39, a bill to decriminalize cannabis possession which was given approval by lawmakers in Delaware earlier this year, officially takes effect tomorrow, December 18th.

Under the new law, the possession and use of up to an ounce of cannabis will no longer be a criminal offense for those 21 and older, but instead will become a maximum fine of $100. Those 18 to 21 will have their first offense decriminalized, with subsequent offenses resulting in a misdemeanor that can be expunged once the individual turns 21.

Delaware Governor Signs Cannabis Decriminalization Bill Into Law

June 18, 2015June 18, 2015 by Anthony Martinelli

Delaware Governor Jack Markell has signed House Bill 39 into law, the same day it was approved by the state’s Senate. The measure decriminalizes the possession of up to an ounce of cannabis, removing the possibility of criminal penalties or jail time.

Delaware now becomes the 20th state to remove criminal penalties for the personal possession of cannabis, including four – Colorado, Washington Oregon and Alaska – that have legalized cannabis distribution. The legislation is set to take effect six months from today.

Delaware Legislature Votes to Decriminalize Cannabis Possession; Governor Expected to Sign Bill Into Law

June 18, 2015June 18, 2015 by Anthony Martinelli

By Robert Capecchi, Marijuana Policy Project

DOVER — The Delaware Senate approved a bill 12-9 on Thursday that would remove criminal penalties and potential jail time for adult possession of a small amount of marijuana.

The measure, which was approved in the House earlier this month, will now be sent to Gov. Jack Markell (D), who is expected to sign it into law. In a March letter to the editor of The New York Times, Gov. Markell said he is “hopeful that [his] state will decriminalize possession of small amounts of marijuana.”

Delaware Senate Committee Approves Bill to Remove Criminal Penalties for Cannabis Possession

December 17, 2015June 17, 2015 by Anthony Martinelli

The Delaware Senate Judiciary Committee approved a bill 4 to 2 on Wednesday that would remove criminal penalties and the possibility of jail time for those caught possessing up to an ounce of cannabis, instead making it a simple civil infraction similar to a traffic ticket.

House Bill 39, introduced by Representative Helene Keeley (D-Wilmington South), passed the full House of Representatives earlier this month with a 24 to 14 vote. It would decriminalize the possession of up to an ounce of cannabis, making it, at most, a simple $100 fine with no possibility of jail. Under current Delaware law, possession of up to one ounce of cannabis is a misdemeanor punishable by up to three months in jail.