Public Marijuana Possession and Consumption Would be Downgraded to Civil Violation Under New Delaware Bill

A bill filed recently in the Delaware House of Representatives would reduce the penalty for using or possessing small amounts of marijuana in public, shifting the offense from a criminal misdemeanor to a civil violation. House Bill 252 was introduced by State Representative Eric Morrison (D), with co-sponsorship from Rep. K. Johnson (D) and Berry (D), as well as State Senators Marie Pinkney (D), David Sokola (D), Bryan Townsend (D), and Elizabeth Lockman Hoffner (D), and has been assigned to the House Health & Human Development Committee.

The legislation would amend state law to make the use or consumption of marijuana containing marijuana or tetrahydrocannabinols in areas accessible to the public, or inside a moving vehicle, a civil violation rather than a misdemeanor offense.

Under the proposal, individuals found in violation could be fined up to $50 for a first offense and up to $100 for subsequent offenses. Current law treats the conduct as a misdemeanor, exposing individuals to more severe criminal penalties. The bill also removes the possibility of jail time for the offense and eliminates criminal classification for public possession of small, personal-use quantities.

The measure would not affect existing laws related to driving under the influence or other enforcement actions tied to impaired driving. It also includes a technical correction to remove a reference in statute to a provision that has already been repealed.

The Delaware General Assembly has not yet formally convened for the 2026 legislative session. Lawmakers are scheduled to return to Dover on January 13, meaning the bill is positioned for consideration once the session officially begins.