DOVER, DE- A bill introduced in Delaware would change how the state handles public marijuana use, including how certain offenses are classified and penalized.
House Bill 252, introduced last week in the General Assembly and sponsored by Rep. Eric Morrison (D-District 27), would reclassify the public or in-vehicle use of personal-use amounts of marijuana or THC products from a misdemeanor to a civil violation.
The proposal would lessen punishment, imposing fines of up to $50 for first offenses and up to $100 for repeat violations.
Right now, using small amounts of marijuana or THC products in public is a misdemeanor in Delaware — an offense that can lead to arrest, prosecution, and a criminal record.
Zoe Patchell of the Delaware Cannabis Advocacy Network said Delaware's current law is among the harshest in the nation.
"Delaware has one of the harshest laws in the country for a first-offense public consumption, even compared to states that don't have legalization laws. Currently, it is a misdemeanor, which results in arrest, prosecution, a criminal record, and, under the current statute, up to five days in jail as the maximum penalty. "
Delaware Marijuana Commissioner Joshua Sanderlin said the legislation focuses on public consumption.
"The change would be about the consumption of marijuana, and it's about public consumption, which is illegal currently in the state of Delaware. So this is changing the offense type."
Patchell said the bill also clarifies aspects of Delaware's current marijuana law that have caused confusion, a move she says is needed as the state's marijuana market continues to develop.
"One of the major issues is how Delaware's cannabis legalization law was written. It classifies private property within 10 feet of a public right-of-way as public property for public consumption. Not many people realize, but a person can actually be arrested and charged with a misdemeanor for smoking cannabis on their own private property in certain cases."
Patchell said House Bill 252 would expand personal and private property rights while protecting consumers.
"HB 252 simply brings Delaware's law in line with reality, with civil liberties, and with standards used by most other states. Again, it strengthens both personal and private property rights, not just for consumers, but for everybody," she said.
While the bill would reclassify public or in-vehicle use of marijuana or THC products as a civil violation, DUI laws would remain in effect.
House Bill 252 applies to controlled substances and counterfeit controlled substances listed under Section 4714(d)(19) of Title 16 of the Delaware Code, which includes marijuana and tetrahydrocannabinols.
The bill is now assigned to the House Health and Human Development Committee and awaits action in the upcoming legislative session.
