•  Know The Law
     Marijuana is Decriminalized in Delaware

    On June 18, 2015, Gov. Jack Markell signed House Bill 39 (HB39), making Delaware the 20th state to enact a law removing the threat of arrest and jail time for possessing a small amount of leaf marijuana.
    HB39 became law on December 18, 2015.

    Ages 21+

    • Possession or private use of 1oz. or less of leaf marijuana (personal use quantity), no criminal record
    • $100 civil penalty and leaf marijuana forfeited

    Ages 18 - 20

    • 1st offense possession of 1oz. or less of leaf marijuana: $100 civil penalty and no criminal record. Leaf marijuana forfeited
    • 2nd offense possession of 1oz. or less of leaf marijuana: $100 criminal penalty and unclassified misdemeanor offense. Leaf marijuana forfeited
    • Conviction of unclassified misdemeanor for a 2nd or subsequent offense possession may petition to have expunged from records upon reaching 21

    Ages 18 and Under

    • Still a criminal offense


    • Possession of marijuana paraphernalia— $100 civil penalty
    • Individuals charged with an unclassified misdemeanor or assessed a civil penalty for marijuana possession, can not be assessed a civil penalty for possession of paraphernalia

     Prohibited All Ages

    Compounds, derivatives and preparations of marijuana

    • Prohibited

    Public Use

    • Prohibited in public; including, sidewalks, streets, alleys, parking lots, parks, playgrounds, stores, restaurants and any area accessible to the general public
    • Prohibited within a 10 foot distance of the above which also includes entrances, exits, open windows or ventilation intakes, public or private


    • Prohibited to drive under the influence