Delaware Marijuana Laws - Cannabis Legal Status in Delaware
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| Possession | |||
| Any amount | misdemeanor | 6 months | $1,150 |
| Within 1,000 feet of a school | felony | 15 years | $250,000 |
| Within 300 feet of a church, park or rec. center | felony | 15 years | $250,000 |
| Cultivation or Sale | |||
| Any amount | felony | 5 years | $1,000 - $10,000 |
| 5 - 100 lbs | felony | 2 years MMS* | $25,000 |
| 100 - 500 lbs | felony | 4 years MMS* | $50,000 |
| 500 lbs or more | felony | 8 years MMS* | $100,000 |
| *Mandatory minimum sentence | |||
| Sale to minor | |||
| To person under 21 | felony | 5 years | $1,000 - $10,000 |
| To person under 16 | felony |
6 months MMS* |
$1,000 - $10,000 |
| To person under 14 | felony |
1 year MMS* |
$1,000 - $10,000 |
| Purchase from minor under 18 | felony | 5 years | none |
| Purchase from minor under 16 | felony | 6 months MMS* - 5 years | none |
| Purchase from minor under 14 | felony | 1 year MMS* - 5 years | none |
| *Mandatory minimum sentence | |||
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) | |||
| Paraphernalia possession | misdemeanor | 1 year | $2,300 |
| Paraphernalia sale | felony | 1 years |
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| Paraphernalia sale or delivery to minor | felony | 5 years |
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Possession of any amount of marijuana is a misdemeanor, punishable by up to six months in jail and a fine of $1,150. If the possession or sale of marijuana occurs within 1000 feet of a school the penalty can be up to 15 years in prison and a fine of up to $250,000, and if it occurs within 300 feet of a church, park or recreation area the penalty can be up to 15 years in prison and a fine of up to $250,000. Manufacture or delivery of marijuana in any amount is a felony, punishable by up to five years in prison and a fine of $10,000. If the sale of marijuana is made to a person under the age of 21, the punishment can be up to five years in prison. If the person is under 16 years of age, there is a mandatory minimum sentence of six months imposed. If the person is under 14 years of age, there is a mandatory one year minimum sentence imposed. If marijuana is purchased from a minor under 21 years old, the sentence can be up to five years in prison. If purchased from a minor under 16 years old, there is a six month mandatory minimum sentence imposed, with a maximum sentence of five years. If marijuana is purchased from a minor under 14 years old, a mandatory minimum sentence of one year and no more than 5 years will be imposed. It is a felony to traffic in marijuana and all violations have mandatory minimum sentences. For greater than five pounds, the minimum sentence is two years and a fine of $25,000. For 100 pounds or more, the minimum sentence is four years and a fine of $50,000. For 500 pounds or more, the minimum sentence is eight years and a fine of $100,000. The use or possession of paraphernalia is a misdemeanor punishable by up to one year in jail and a fine of up to $2,300. The sale of paraphernalia is a felony punishable by up to two years in prison. Sale or delivery of paraphernalia to a minor is punishable by up to five years in prison. |
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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.
Drugged driving: This state has a zero tolerance per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any 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.
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