HS1FORHB252 • 2025

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

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Morrison
Last action: 2026-03-10
Official status: Out of Committee 3/10/26
Effective date: Not listed

Plain English Breakdown

The official source material does not provide information on what happens after fines are paid or if there's a limit to how many times someone can be fined.

Changes to Drug Laws in Delaware

This act modifies Delaware's drug laws by changing penalties for public consumption and driving while using drugs, making it a civil violation instead of criminal offense for passengers who use drugs while driving.

What This Bill Does

Makes the use or consumption of controlled substances or counterfeit controlled substances in public areas a civil violation with fines up to $50 for first-time offenders and up to $100 for repeat offenses.
Changes penalties for passengers using drugs while driving from an unclassified misdemeanor (up to $200 fine, 5 days imprisonment, or both) to a civil violation with a fine of up to $100.

Who It Names or Affects

People who use controlled substances or counterfeit controlled substances in public areas
Passengers using drugs while driving

Terms To Know

Civil violation: A rule broken that results in a fine, not jail time.
Personal use quantity: The amount of drugs someone might have for their own use.

Limits and Unknowns

Doesn't change penalties for people who operate vehicles while using controlled substances.
Only affects individuals in public areas or passengers in moving vehicles.
Does not specify what happens after fines are paid or if there's a limit to how many times someone can be fined.

Bill History

2026-03-10 Delaware General Assembly
was introduced and adopted in lieu of HB 252

Official Summary Text

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES AND COUNTERFEIT CONTROLLED SUBSTANCES.
This Substitute for House Bill No. 252, like House Bill No. 252, makes a technical correction and decriminalizes the use or consumption of a personal use quantity of a controlled substance or counterfeit controlled substance in an area accessible to the public, instead making it a civil violation with a fine of up to $50 for a first offense and up to $100 for subsequent offenses.
This Substitute differs from House Bill No. 252 in that it does not decriminalize the use of or consumption of a personal use quantity by individuals in moving vehicles. This Substitute does not change the penalty (up to a $200 fine, up to 5 days imprisonment, or both) for a person operating a moving vehicle while using a personal use quantity, but changes the penalty for passengers to a $100 fine with no possibility of prison time.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Morrison & Sen. Pinkney

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

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

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)

Public consumption of controlled substances may be subject to penalty as follows:

(1)

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

while operating

a moving vehicle, except as otherwise authorized by this chapter,

shall be

is

guilty of an unclassified misdemeanor and

may

be fined not more than $200, imprisoned not more than 5 days, or both.

(2) 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 while a passenger in a moving vehicle, except as otherwise authorized by this chapter, is guilty of an unclassified misdemeanor and may be fined not more than $100.

(3) 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, except as otherwise authorized by this chapter, is guilty of a civil violation and may be fined not more than $50 for a first violation and $100 for any subsequent violation.

For purposes of this

section

section,

“area accessible to the public’' means any of the following:

(1)

a.

Sidewalks, streets, alleys, parking lots, parks, playgrounds, stores, restaurants, and any other areas to which the general public is invited.

(2)

b.

Any outdoor location within a distance of 10 feet from a sidewalk, street, alley, parking lot, park, playground, store, restaurant, or any other area to which the general public is invited.

(3)

c.

Any outdoor location within a distance of 10 feet from the entrances, exits, windows that open, or ventilation intakes of any public or private building.

SYNOPSIS

This Substitute for House Bill No. 252, like House Bill No. 252, makes a technical correction and decriminalizes the use or consumption of a personal use quantity of a controlled substance or counterfeit controlled substance in an area accessible to the public, instead making it a civil violation with a fine of up to $50 for a first offense and up to $100 for subsequent offenses.

This Substitute differs from House Bill No. 252 in that it does not decriminalize the use of or consumption of a personal use quantity by individuals in moving vehicles. This Substitute does not change the penalty (up to a $200 fine, up to 5 days imprisonment, or both) for a person operating a moving vehicle while using a personal use quantity, but changes the penalty for passengers to a $100 fine with no possibility of prison time.