Mandatory Minimum Sentence
Medical Marijuana
Drugged Driving
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

Offense Penalty Incarceration   Max. Fine  
Up to 1 oz Civil penalty None $ 100
1 oz - less than 175 grams Misdemeanor 3 months $ 575
175 – less than 1500 grams Felony 3 years N/A**
1500 – less than 3000 grams Felony 5 years N/A**
3000 – less than 4000 grams Felony 8 years N/A**
4000 – less than 5000 grams Felony 15 years N/A**
5000 grams or more Felony 2* - 25 years N/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 grams Felony 8 years N/A**
1500 – less than 4000 grams Felony 15 years N/A**
4000 grams or more Felony 2* - 25 years N/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.
Use or possessesion of paraphernalia for the use or possession of less than 1 oz of marijuana Civil penalty None $ 100
Use or possesses with the intent to use paraphernalia for the use of 1 oz or more of marijuana Misdemeanor 6 months $ 1,000
Deliver or possesses with the intent to deliver Felony 2 years N/A**
Deliver to a minor who is under 18 years Felony 3 years N/A**
** Maximum fines are at the discretion of the court for felony charges at sentencing.
All substances, raw materials, products, equipment, property, vehicles, research products, paraphernalia, money and other assets can be seized.
First time offenders may be placed on probation instead of sent to prison or fined.


Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.


The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.


This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have their record expunged.


This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. .

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see: Medical Use.