Delaware Laws and Penalties

• Conditional Release
• Decriminalization
• Drugged Driving
• Expungement
• Mandatory Minimum Sentence
• Medical Marijuana

Offense	Penalty	Incarceration	Max. Fine
Possession
Up to 1 oz	Civil penalty	None	$ 100
1 oz - less than 175 g	Misdemeanor	3 months	$ 575
175 – less than 1500 g (Tier 1)	Felony	2 years	N/A**
1500 – less than 5000 g (Tier 2)	Felony	5 years	N/A**
5000 g or more (Tier 3)	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 g (Tier 1)	Felony	8 years	N/A**
1500 – less than 5000 g (Tier 2)	Felony	15 years	N/A**
5000 g or more (Tier 3)	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.
Paraphernalia
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	$ 1,150
Deliver or possesses with the intent to deliver	Felony	2 years	N/A**
Deliver to a minor who is under 18 years	Felony	5 years	N/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.

Penalty Details

Under Delaware law marijuana is a schedule I drug. Legislation was approved in 2015 amending penalties for the possession of up to one ounce (28.35 grams) to a civil penalty, punishable by no more than a $100 fine. In 2019, legislation was approved expanding decriminalization to also include low-level possession offenses by juvenile offenders. The use of marijuana in public, or in a moving vehicle will remain a criminal offense.

Possession for Personal Use

Personal use possession of up to one ounce of marijuana is a civil penalty in the state of Delaware punishable by a fine of up to $100 with no incarceration.

Possession of more than one ounce, but less than 175 grams of marijuana is an unclassified misdemeanor. If there are one or more aggravating factors involved, possession is a class B misdemeanor.

Possession of 175 – less than 1,500 grams, Tier 1 Quantity, is a felony punishable by two years incarceration and fine at the discretion of the court.

Possession of 1,500 – less than 5,000 grams, Tier 2 Quantity, is a felony punishable by five years incarceration and fine at the discretion of the court.

Possession of 5,000 grams or more, Tier 3 Quantity, is a felony punishable by a mandatory minimum sentence of two years and up to 25 years incarceration, and fine at the discretion of the court.

Aggravating factors add increased incarceration.

• Delaware Code § 4764(b)(c)(f)
• Delaware Code § 4664(b)
• Delaware Code § 4756
• Delaware Code § 4753
• Delaware Code § 4752

Distribution, Sale, or Manufacture

Distribution, Sale, or Manufacture of less than 1,500 grams of marijuana, Tier 1 Quantity, is a felony punishable by eight years incarceration and fine at the discretion of the court.

Distribution, Sale, or Manufacture of 1,500 – less than 5,000 grams of marijuana, Tier 2 Quantity, is a felony punishable by 15 years incarceration and fine at the discretion of the court.

Distribution, Sale, or Manufacture of more than 5,000 grams of marijuana, Tier 3 Quantity, is a felony punishable by a mandatory minimum sentence of two years and up to 25 years incarceration, and fine at the discretion of the court.

Aggravating factors add increased incarceration.

• Delaware Code § 4754
• Delaware Code § 4753(a)(b)(1)
• Delaware Code § 4752

Hash & Concentrates

The Delaware statute uses the general term “Marijuana” to refer to plant Cannabis and “every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.” Nowhere does the statute differentiate penalties for Marijuana and Hashish or Concentrates. Both substances are classified under Schedule I of the Delaware Controlled Substances schedule.

• Delaware Code § 4701(28)
• Delaware Code § 4714(d)(19)

Paraphernalia

Any person who uses or possesses drug paraphernalia for the use or possession of a personal use quantity of less than one ounce of marijuana shall be assessed a civil penalty of not more than $100.

Any person who uses or possesses with the intent to use drug paraphernalia for one ounce or more of marijuana is guilty of a misdemeanor, punishable with confinement for up to 6 months and a fine of no more than $1,150.

Any person who delivers drug paraphernalia or possesses drug paraphernalia with the intent to deliver, is guilty of a felony, punishable by up to two years incarceration, and fine at the discretion of the court.

Any person who delivers drug paraphernalia to another person who is under 18 yeas old is guilty of a felony, punishable by up to five years incarceration, and fine at the discretion of the court.

• Delaware Code § 4771(a)
• Delaware Code § 4774(a)(b)(c)(d)
• Delaware Code § 4764

Forfeitures

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

• Delaware Code § 4784

More Information