State Laws

Delaware Marijuana Laws

     

When it comes to enacting strict marijuana laws, size doesn't matter. One of our smaller states, Delaware, actually has some of the harshest marijuana laws on the books. Part of these laws includes MMS or mandatory minimum sentencing. This means that with certain classifications of the criminal charges, a judge is required to hand down a minimum jail sentence. In other words a conviction is going to mean jail time.

The laws against marijuana use also pertain to medical uses. Delaware has no medical marijuana laws. Even though a recent election almost passed such an initiative, the state remains anti-medical marijuana. A recent poll found that 58% of the population supports medical marijuana but they just couldn't muster the votes.

Delaware Marijuana Penalties
When it comes to administering marijuana laws in Delaware, there aren't a lot of grey areas. A person who is arrested for possession of any amount of marijuana is charged with a misdemeanor and can serve up to six months in jail with a $1,150 fine. That's just for starters. For possession of marijuana within 300 feet of a school, church or park the crime is bumped up to a felony and the convicted offender faces up to 15 years in prison and a $250,000 fine. Those are just the possession charges.

A person who is convicted of growing or selling any amount of pot will be charged with a felony and face up to five years in prison and a fine up to $10,000. If the amount of pot is in the range of 5 to 100 pounds then the mandatory minimum sentence of two years in prison kicks in. For 100 to 500 pounds, the MMS goes up to five years with a $50,000 fine. For 500 or more pounds of pot, the jail sentence is going to be eight years and a $100,000 fine.

Delaware Marijuana Penalties for Sales Involving Minors
In Delaware, they have created a specific level of penalties for selling marijuana to minors. Selling to a person under the age of 21 carries with it a possible jail time of 5 years and a $10,000. If you are convicted of selling pot to someone under 16, then the mandatory sentence is six months in jail. Selling to a minor under 14 comes with a mandatory sentence of 1 year.

On the other side, if you buy pot from a minor under the age of 18 you'll be looking at up to five years in jail. Buying from a 16 year old means a mandatory six month jail sentence while buying from someone under the age of 14 will land you in jail for at least one year. All of these charges are felonies. Any sentence with a mandatory minimum means that convicted felon will not be eligible for parole.

Delaware Marijuana Paraphernalia Penalties
When it comes to marijuana paraphernalia, Delaware doesn't go easy. Possessing paraphernalia is a misdemeanor with a six month jail term. Selling paraphernalia will land you in jail for up to a year and if you sell to a minor it could mean five years in jail.

See also:
Delaware Felony
Delaware Gun Laws
Delaware Bankruptcy
Delaware Misdemeanor External link (opens in new window)
Delaware Expungement External link (opens in new window)
Delaware Lemon Law External link (opens in new window)