By FindLaw Staff | Legally reviewed by Evan Fisher, Esq. | Last reviewed February 09, 2023
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
After a 2022 bill that would legalize possession of marijuana in Delaware was vetoed by Governor John Carney, possession of the drug remains prohibited under current Delaware law.
Penalties for possessing more than 1 oz of marijuana include up to three months in prison and up to $575 in fines. With an aggravating factor, penalties become stricter— Delawareans face up to six months in jail and up to $1,150 in fines.
In January 2015, a Delaware marijuana decriminalization law removed the misdemeanor penalties for adult possession of small quantities of marijuana. Delawareans caught with an ounce or less of marijuana face only civil fines and not a criminal record.
In 2019, this decriminalization was expanded to include possession by those under 21 years of age.
Other states have expanded their drug laws to cover marijuana legalization and decriminalization, but recreational marijuana remains illegal in Delaware.
Possession of over one ounce of marijuana is a crime in Delaware for anyone who is not a medical marijuana patient. Some jurisdictions may offer drug diversion programs for some first-time offenders with no criminal history, but offenders must still interact with the criminal justice system, risking jail sentences and costly fines.
As noted above, drug laws can differ from state to state, especially state marijuana laws. Learn more about Delaware marijuana laws in the table below.
| Code Section | Tit. 16 §4701, et seq.; 4753A |
|---|---|
| Is Marijuana Legal in Delaware? | Legal for medical use only |
| Possession |
|
| Trafficking |
|
Note: State laws are constantly changing -- contact a Delaware criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Delaware attorneys offer free consultations for Drug Crime.