Marijuana Moment: Delaware Lawmakers Approve Bill To Decriminalize Public Marijuana Use And Remove Threat Of Jail Time

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Delaware lawmakers have approved a bill to decriminalize public consumption of marijuana.

Under current law, Delaware is the only cannabis legalization state in the U.S. that imposes the threat of jail time for the public consumption, but the House Health & Human Development Committee voted 9-5 on Wednesday to advance legislation to change that.

While certain legal marijuana states like Colorado and Ohio still impose criminal penalties for public cannabis use, Delaware stands out as especially punitive, with a maximum penalty that carries the risk of jail time in addition to a fine.

Under HB 252, sponsored by Rep. Eric Morrison (D), the penalty would be reduced to a civil infraction, punishable by a $50 fine for a first offense and $100 fine for a second or subsequent offense.

Morrison told colleagues at Wednesday’s hearing that “it makes sense that if we’ve seen fit to decriminalize cannabis, that we decriminalize public consumption of it.”

“This legislation puts us in line with what the large majority of other states with decriminalized or legalized cannabis have done when it comes to public consumption,” he said.

“This change does not say it’s okay to consume cannabis in public. It simply updates the current penalty for public consumption to be commensurate with the offense,” Morrison said.

“There are bad things associated with a criminal record. Those things can include difficulty in finding work and difficulty in finding housing. There are also bad things, of course, associated with prison time. You’re taking away family members from their families. You’re taking them away from their jobs, possibly taking away income they need to meet the monthly bills, or maybe even causing them to lose their job.”

The Marijuana Policy Project (MPP) said in an action alert on Tuesday that the state’s current penalty is “out of step with Delaware’s treatment of secondhand tobacco smoke.”

“Getting caught smoking tobacco in public results in a civil fine, while consuming cannabis in public—even outdoors—can land you in jail. Yet secondhand tobacco smoke is far more dangerous,” MPP said. “A core goal of legalization is to stop ruining lives over cannabis! It’s time to finish that job.”

Delaware’s marijuana market is relatively young, and advocates see ample opportunities to build upon the reform in the 2026 session—including by passing the bill to decriminalize public use.

Additionally, state lawmakers are considering legislation that would allow terminally ill patients to use medical cannabis in hospitals and other healthcare facilities.

Delaware officials in September separately touted the “strong rise” in marijuana sales since the recreational market launched, with $7.4 million in purchases reported in the first month since retailers started serving adult consumers.

Last year, Gov. Matt Meyer (D) also discussed a conversation he had with Colorado Gov. Jared Polis (D) about regulating the marijuana industry—drawing a contrast between their respective responsibilities given the fact that Colorado is much larger with more local jurisdictions to interact with compared to Delaware, which has just three counties.

The launch of Delaware’s legal market came about two years after marijuana legalization was enacted into law under former Gov. John Carney (D).

Ahead of the sales roll-out, the governor in July toured one of the state’s cannabis cultivation facilities, praising the quality of marijuana that’s being produced, which he said will be the “French wine of weed.”

The launch of the legal market came amid some controversy, however, with critics alleging that allowing medical operators to start adult-use sales ahead of other license applicants is unfair. Dozens of other would-be retailers that have either already received licenses or are still awaiting issuance will need to wait for further regulatory approvals until they can open their doors—a situation that’s frustrated some advocates.

Meanwhile, two lawmakers who led the push to legalize marijuana are separately seeking input from consumers and businesses about the market launch. Sen. Trey Paradee (D), the sponsor of the zoning bill SB 75, and House Majority Whip Rep. Ed Osienski (D)—the primary sponsor of the state’s 2023 legalization bills—put out a new online form last year for residents to share thoughts and feedback about the cannabis program anonymously.

The idea is to identify any hiccups that lawmakers might need to address when they returned for this year’s legislative session.

OCM initially projected that recreational sales would start by March of last year, but complications related to securing an FBI fingerprint background check service code delayed the implementation. Lawmakers passed a bill last April to resolve the issue, and the FBI subsequently issued the code that the stat’s marijuana law requires.

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Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

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In 2024, OMC held a series of licensing lotteries for cannabis business to start serving adult consumers.

A total of 125 licenses will ultimately be issued, including 30 retailers, 60 cultivators, 30 manufacturers and five testing labs. In 2024, regulators also detailed what portion of each category is reserved for social equity applicants, microbusinesses and general open licenses.

Regulators have also been rolling out a series of proposed regulations to stand up the forthcoming adult-use cannabis industry.

Meanwhile, Carney raised eyebrows last January after making a questionable claim that “nobody” wants cannabis shops in their neighborhoods, even if there’s consensus that criminalization doesn’t work.

Photo courtesy of Martin Alonso.

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