Map of Delaware Marijuana Laws

Don’t Get Busted In The First State!

Don’t be fooled by Delaware’s size. This pint sized state doesn’t mess around when it comes to restricting marijuana for recreational use. While Delaware has made medical marijuana legal, residents of The First State may be one of the last to see it go recreational. There’s been talk and slow movement in decriminalizing marijuana, but in the meantime, punishments are relatively straight and narrow.

Fines & Jail Time

If you’re caught with any amount of marijuana for personal use, you can be charged with a misdemeanor, face up to six months in jail, and face a hefty fine of over $1,000. Using marijuana recreationally? Make sure you are aware of your surroundings.

According to Delaware law, being within 1,000 ft of a school or within 300 ft of a place of worship and getting caught with pot can get you in a big deal of trouble. Such an offense can lead to a felony charge, up to 15 years of incarceration, and over $200,000 in fines.

If you plan on selling, distributing, or manufacturing, you’re looking at some big time sentencing.  Any amount will get you 5 years automatically.  5-500 lbs can result in up to 25 years and thousands of dollars in fines.  Same sentencing is applied to trafficking.

Not only can you face 5 years in prison for selling to a minor, but you can face the same charges by buying marijuana from a minor.

There’s no guarantee, but If you’re a first time offender you may be put on probation rather than sent to prison. Unless you need marijuana for a medical condition, recreational use might not be worth the risk as there seems to be very little room for negotiation.

MMS Law in DelawareDelaware Marijuana Laws Summary

When someone is convicted of a punishable offense by the Mandatory Minimum Sentence (MMS), the judge has no choice but to sentence the defendant (yes, even the friendly and peaceful pot smokers) to the MMS.  Individuals who serve a MMS are not eligible for parole. In Delaware, the MMS for sale, distribution, manufacturing, or trafficking is anywhere from 2 to 8 years, depending on the amount.

Drugged Driving in Delaware

Delaware residents, who suffer from certain medical conditions such as PTSD, Alzheimer’s, MS, AIDS, may be eligible to use marijuana legally. However, as with other medications or treatments that may cause “drowsiness” or may affect your ability to drive, Delaware has drugged driving laws. If you are pulled over and suspected of driving while under the influence, it won’t make much difference if you can legally use marijuana.

If you use marijuana for medicinal purposes, have a chat with your doctor.  See how it will work (or not work) with other medications you may be taking.  If it’s too risky, look at different modes of transportation.  Not only could you get a fine, but you could be a danger to yourself and others on the road.

The Bottomline

Delaware is a no-nonsense state when it comes to marijuana use.  While it recognizes the benefits in treating specific medical conditions, there doesn’t seem to be an urgency to make it legal for everyone. Be aware of your surroundings and don’t drive under the influence.

Hiring a Delaware Marijuana Lawyer

In the unfortunate event that you were caught driving while being drugged, you will need the services of a Lawyer. You can search our database for a Marijuana Lawyer in your vicinity. To prevent such incidents in the future, you will want to learn that Marijuana laws vary from state to state. What is considered in one state as a minor offense, can be considered as a felony by the law in another state.

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