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Delaware Marijuana Laws
While among the tiniest of states, Delaware’s marijuana laws pack a big punch, as they are very harsh and include mandatory minimums for convicted offenders. Every year, Department of Justice statistics show the state arrests around 1,500 people for such offenses, while the state itself produces about 6,000 pounds of marijuana with a highest street value of $50 million. This means many people in Delaware are at risk for being charged with a marijuana-related offense, and should be aware of local marijuana attorneys in case of such an event.
Medical Marijuana Users
Delaware currently has no medical marijuana laws enacted, although legislation nearly came to pass this spring, and over 58% of Delaware voters approve of the use of medical marijuana.
Non-Medical Users:
Delaware has classified all users as non-medical users, and law enforcement and judicial penalties are relatively harsh when dealing with users who cultivate or sell marijuana. Nearly every marijuana-issued citation is classified as a felony, and the state carries many Mandatory Minimum penalties for a range of offenses. Moreover, any possession near a church, school, park, or recreation center comes with heavy, heavy penalties.
Penalties for Marijuana Use or Possession in Delaware:
|
Possession of any amount |
Misdemeanor |
Penalties include up to 6 months in jail and a $1,150 fine |
|
Possession within 300 feet of a school |
Felony |
Penalties include up to 15 years of jail time and fines up to $250,000 |
|
Possession within 300 feet of a park, church or recreation center |
Felony |
Penalties include up to 15 years of jail time and fines up to $250,000 |
Penalties for Growing, Selling and Trafficking Marijuana:
Cultivation or Sale:
|
Any amount |
Felony |
Penalties include up to 5 years of jail time and a fine ranging from $1,000-$10,000 |
|
5-100 pounds |
Felony |
The penalties include a Mandatory Minimum of 2 years in jail and a $25,000 fine |
|
100-500 pounds |
Felony |
The penalties include a Mandatory Minimum of 4 years in jail and a $50,000 fine |
|
500 pounds or more |
Felony |
The penalties include a Mandatory Minimum of 8 years in jail and a $100,000 fine |
Sale to a Minor:
|
To persons under 21 |
Felony |
The penalty is up to 5 years in jail and a fine of $1,000 to $10,000 |
|
To persons under 16 |
Felony |
The penalties include a Mandatory Minimum of 6 months in jail and a $1,000-$10,000 fine |
|
To persons under 14 |
Felony |
The penalties include a Mandatory Minimum of 1 year in jail and a $1,000-$10,000 fine |
|
Purchasing from a minor under 18 |
Felony |
The penalty is 3-5 years of jail time |
|
Purchasing from a minor under 16 |
Felony |
The penalties include a Mandatory Minimum of 6 months in jail (up to a 5 year sentence) |
|
Purchasing from a minor under 14 |
Felony |
The penalties include a Mandatory Minimum of 1 year in jail (up to a 5 year sentence) |
Paraphernalia
|
Possession |
Misdemeanor |
The penalties include 1 year in jail and a $2,300 fine |
|
Sale |
Felony |
The penalty is up to 1 year in jail |
|
Sale or delivery to a minor |
Felony |
The penalty is up to 5 years in jail |
Penalties for Driving Under the Influence of Marijuana (DUID)
Delaware has extremely tough ‘zero tolerance per se’ DUID laws. These laws state that a person is guilty of DUID if “within four hours of driving, their blood contains and amount of illicit or recreational drug that is the result of the unlawful use or consumption…” of marijuana. Of course, marijuana can stay in a person’s blood stream fro 4-5 days after use, so this law is very tough on users, and has nothing to do with driving performance.
Legal Help with a Marijuana Offense
Delaware is a very tough state to be charged with a marijuana-related offense, and if you are facing such a charge, it is imperative that you consult a marijuana attorney immediately. With an experienced marijuana lawyer on your side, you can be sure that your rights under Delaware law will be as protected as possible, and your lawyer will do everything legally possible to get the best result for your case.