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

Plain English Breakdown

The bill summary does not provide specific details on enforcement mechanisms, leaving this as an unknown.

Changing Penalties for Using Drugs in Public Places

The bill changes using small amounts of drugs like marijuana in public places or while driving from a misdemeanor to a civil violation with fines.

What This Bill Does

• Changes the use or consumption of controlled substances or counterfeit controlled substances (like products containing marijuana) in public areas or moving vehicles from a misdemeanor to a civil violation.
• Sets fines for first and subsequent offenses: up to $50 for the first offense, and up to $100 for each following offense.

Who It Names or Affects

• People who use or consume controlled substances in public areas or while driving.

Terms To Know

Civil violation

A rule broken that results in a fine, not jail time.

Misdemeanor

A crime that is less serious than a felony and can result in fines or jail time of up to one year.

Limits and Unknowns

• The bill does not specify how law enforcement will enforce these new rules.
• It only applies to the use of controlled substances, not their possession or sale.

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This Act also makes a technical correction to delete a reference in a section title to a previously repealed subsection.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