AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES AND COUNTERFEIT CONTROLLED SUBSTANCES.

Plain English Breakdown

The official source does not specify an effective date for when these changes take effect.

HB252: Changing Penalties for Public Marijuana Use

This bill changes using or consuming small amounts of marijuana products in public places or moving vehicles from a criminal misdemeanor to a civil violation with lower fines.

What This Bill Does

• Changes the penalty for using or consuming personal use quantities of controlled substances classified as products containing marijuana or tetrohydrocannabinols in public areas or moving vehicles from an unclassified misdemeanor to a civil violation.
• Sets a fine limit of up to $50 for a first offense and up to $100 for subsequent offenses.
• Removes the possibility of jail time, which was previously punishable by imprisonment not more than 5 days.
• Keeps existing laws that allow police to arrest people who drive while under the influence of controlled substances unchanged.
• Makes a technical correction to remove an outdated reference from a section title.

Who It Names or Affects

• People who use or consume personal use quantities of products containing marijuana in public places or inside moving vehicles.
• Law enforcement officers handling cases involving the public consumption of these specific controlled substances.
• Courts that process civil violations instead of criminal misdemeanors for this behavior.

Terms To Know

Civil violation

A non-criminal offense punishable by a fine rather than jail time or a criminal record.

Misdemeanor

A minor crime that can be punished by fines, short jail sentences, or both.

Personal use quantity

An amount of a controlled substance intended for individual consumption rather than sale.

Limits and Unknowns

• The bill does not define the exact weight or number that counts as a 'personal use quantity' in this text.
• This law only applies to products containing marijuana or tetrohydrocannabinols, not other controlled substances.

Official Summary Text

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES AND COUNTERFEIT CONTROLLED SUBSTANCES.
This Act makes use or consumption of a personal use quantity of a controlled substance or counterfeit controlled substance classified in section 4714(d)(19) of Title 16 (products containing marijuana or tetrohydrocannabinols) in an area accessible to the public or in a moving vehicle a civil violation rather than a misdemeanor, and changes the potential penalties for this offense to a fine of up to $50 for a first offense and up to $100 for subsequent offenses. This Act does not affect the ability of law enforcement to arrest and charge individuals who operate motor vehicles while under the influence of controlled substances under Title 21 of the Delaware Code.
This Act also makes a technical correction to delete a reference in a section title to a previously repealed subsection.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Morrison & Sen. Pinkney

Reps. K. Johnson, Berry, Snyder-Hall, Chukwuocha, Heffernan, Neal; Sens. Sokola, Townsend, Hoffner

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 252

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES AND COUNTERFEIT CONTROLLED SUBSTANCES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 4764, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4764. Possession of marijuana;

class B misdemeanor,

unclassified

misdemeanor,

misdemeanor

or civil violation [For application of this section, see 80 Del. Laws, c. 38, § 6].

(d) Any person who knowingly or intentionally uses or consumes up to a personal use quantity of a controlled substance or a counterfeit controlled substance classified in § 4714(d)(19) of this title in an area accessible to the public or in a moving vehicle, except as otherwise authorized by this chapter,

shall be guilty of an unclassified misdemeanor

is guilty of a civil violation,

and

may

be fined not more than

$200,

$50 for a first violation and $100 for subsequent violations.

imprisoned not more than 5 days, or both.

For purposes of this section “area accessible to the public’' means any of the following:

SYNOPSIS

This Act makes use or consumption of a personal use quantity of a controlled substance or counterfeit controlled substance classified in section 4714(d)(19) of Title 16 (products containing marijuana or tetrohydrocannabinols) in an area accessible to the public or in a moving vehicle a civil violation rather than a misdemeanor, and changes the potential penalties for this offense to a fine of up to $50 for a first offense and up to $100 for subsequent offenses. This Act does not affect the ability of law enforcement to arrest and charge individuals who operate motor vehicles while under the influence of controlled substances under Title 21 of the Delaware Code.

This Act also makes a technical correction to delete a reference in a section title to a previously repealed subsection.