Delaware became the 19th state to decriminalize marijuana on Friday by removing the threat of jail for possession.
Following legislation adopted earlier this year, adult possession of a small amount of marijuana will now become a civil violation punishable by a fine.
“Delaware’s marijuana policy is about to become a lot more reasonable,” Karen O’Keefe, director of state policies for the Marijuana Policy Project, said in a statement. “Most people agree adults should not face jail time or the life-altering consequences of a criminal record just for possessing a substance that is safer than alcohol. Taxpayers certainly don’t want to foot the bill for it, and fortunately they will not have to any longer.”
Under current Delaware law, possession of up to one ounce of marijuana is a misdemeanor with a maximum punishment of a $575 fine and three months in jail.
HB 39 — which went into effect Friday after approval by the Delaware state legislature on June 18 — allows for the possession or private use of one ounce or less of marijuana without criminal penalties or creation of a criminal record for adults 21 years of age and older. Now, possession simply is a criminal violation punishable by a $100 fine. Those between the ages of 18 and 20 will face the same $100 civil fine for their first offense, and then an unclassified misdemeanor for subsequent offenses which can be expunged from their records when they reach age 21.
Possession of marijuana by minors, as well as public consumption by people of any age will remain misdemeanors.
“State governments are realizing it makes no sense to criminalize substantial portions of their populations for marijuana possession,” O’Keefe said. “It diverts law enforcement resources from serious crimes and takes a toll on the lives of their citizens. Delaware is moving in the right direction, but there’s still plenty of room for progress.
The bill was introduced by Rep. Helene Keeley (D-Wilmington South) in the House and sponsored by Sen. Margaret Rose Henry (D-Wilmington East) in the Senate. The legislature approved it on June 18 and Democratic Gov. Jack Markell signed it later that day.
