Delaware

Mandatory Minimum Sentence
Medical Marijuana
Medical Marijuana
Drugged Driving
Expungement
Summary of Delaware
Year Law Last Passed 2011
How Law Was Passed Senate Bill 17 (27-14 H, 17-4 S)
Possession Limit 6 oz usable

Laws, Limits and Penalties

OffensePenaltyIncarceration  Max. Fine  

Possession

Up to 1 ozCivil penaltyNone$ 100
1 oz - less than 175 gramsMisdemeanor3 months$ 575
175 – less than 1500 gramsFelony3 yearsN/A**
1500 – less than 3000 gramsFelony5 yearsN/A**
3000 – less than 4000 gramsFelony8 yearsN/A**
4000 – less than 5000 gramsFelony15 yearsN/A**
5000 grams or moreFelony2* - 25 yearsN/A**
Aggravating factors add increased incarceration
* Mandatory minimum sentence
** Maximum fines are at the discretion of the court for felony charges at sentencing.

Distribution, Sale, or Manufacture

Less than 1500 gramsFelony8 yearsN/A**
1500 – less than 4000 gramsFelony15 yearsN/A**
4000 grams or moreFelony2* - 25 yearsN/A**
Aggravating factors add increased incarceration
* Mandatory minimum sentence
** Maximum fines are at the discretion of the court for felony charges at sentencing.

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Use or possessesion of paraphernalia for the use or possession of less than 1 oz of marijuanaCivil penaltyNone$ 100
Use or possesses with the intent to use paraphernalia for the use of 1 oz or more of marijuanaMisdemeanor6 months$ 1,000
Deliver or possesses with the intent to deliverFelony2 yearsN/A**
Deliver to a minor who is under 18 yearsFelony3 yearsN/A**
** Maximum fines are at the discretion of the court for felony charges at sentencing.

Forfeiture

All substances, raw materials, products, equipment, property, vehicles, research products, paraphernalia, money and other assets can be seized.

Miscellaneous

First time offenders may be placed on probation instead of sent to prison or fined.

Details