Legislation signed into law last June decriminalizing marijuana possession offenses takes effect at midnight tonight.
House Bill 39 reclassifies the possession of up to one ounce of cannabis by those age 21 and over from a criminal misdemeanor, punishable by up to six months in jail and a criminal record, to a civil violation punishable by a $100 fine only — no arrest, and no criminal record. (Those between the ages of 18 and 21 may face criminal charges, but only if it is their second or subsequent offense.)
The new law also amends the personal possession of marijuana paraphernalia from a criminal to a civil violation. Public use of the substance, as well as marijuana possession while inside a vehicle, remain classified as misdemeanors.
Prior to the law change, Delaware ranked #17 in the nation in per capita marijuana possession arrests.
Delaware’s decriminalization law mimics similar laws in effect in California, Connecticut, Maine, Maryland, Massachusetts, Mississippi, Nebraska, New York, Rhode Island, and Vermont — each of which treat minor marijuana possessions as a civil violation.
Minnesota, Nevada, North Carolina, and Ohio classify marijuana possession as a misdemeanor punishable by a fine only.
Alaska, Colorado, Oregon, and Washington, DC previously enacted marijuana decriminalization policies, but have since amended their laws to legalize the plant’s possession and use.