Delaware Governor Signs Bill to Decriminalize Marijuana Possession

June 19, 2015

Possession of a small amount of marijuana is no longer a criminal offense, punishable by potential jail time, in Delaware.

Delaware joins at least 18 other states that have passed laws to decriminalize marijuana possession. Illinois lawmakers also have approved a decriminalization bill, which is awaiting Gov. Rauner's signature.

The Delaware Senate voted Thursday to pass HB 39, which was created "to provide an alternative to incarceration for marijuana possession for personal use." Delaware Gov. Jack Markell signed the bill into law shortly after the Senate vote.

The new law will take effect in six months, according to a press release issued by industry lobbying organization the Marijuana Policy Project. Possession of one ounce or less will then be treated as a civil offense, punishable by a fine. Currently, under Delaware state law, it is a criminal offense, punishable by a fine of no more than $575 and potential jail time of up to three months.

Rep. Helene Keeley

HB 39 was introduced by Rep. Helene Keeley (D-Wilmington South) in the House and co-sponsored by Senator Henry, Senator Townsend and Senator Peterson, and Representatives Baumbach, Heffernan, Johnson, Kowalko, Mitchell, Oseinski, Paradee, Potter, Viola, Williams.

“We commend Gov. Markell and the Delaware Legislature for moving the state forward and leaving its antiquated marijuana possession law behind," commented Robert Capecchi, deputy director of state policies for the Marijuana Policy Project in a press release. "Adults in Delaware will no longer be branded as criminals simply for consuming a substance that is undeniably less harmful than alcohol. Law enforcement officials will be able to spend more time addressing serious crimes instead of arresting and prosecuting adults for simple marijuana possession."

Capecchi added, “Marijuana prohibition’s days are numbered, not just in Delaware, but nationwide. States around the country are rolling back their outdated marijuana prohibition policies. We’re seeing rapid progress from coast to coast, and we do not expect it to slow down anytime soon.”