Marijuana laws in Delaware

Possession of any quantity of cannabis is a misdemeanour, punishable by up to six months in jail and a fine of $1,150. If the possession or sale of cannabis happens within 1000 feet of a school the penalty can be up to 15 years in prison and a fine of up to $250,000, and if it occurs within 300 feet of a church, park or recreation area the penalty can be up to 15 years in prison and a fine of up to $250,000.


Production or delivery of cannabis in any amount is a felony, punishable by up to five years in prison and a fine of $10,000. If the sale of cannabis is made to an individual under the age of 21, the punishment can be up to five years in prison. If the individual is under 16 years of age, there is a mandatory minimum penalty of six months imposed. If the individual is under 14 years of age, there is a mandatory one year minimum penalty imposed.


If cannabis is bought from a minor under 21 years old, the sentence can be up to five years in prison.  If bought from a minor under 16 years old, there is a six month mandatory minimum sentence imposed, with a maximum penalty of five years.  If cannabis is bought from a minor under 14 years old, a mandatory minimum sentence of one year and no more than 5 years will be imposed.


It is a felony to traffic in cannabis and all offences have mandatory minimum sentences. For over than five pounds, the minimum penalty is two years and a fine of $25,000. For 100 pounds or more, the minimum penalty is four years and a fine of $50,000. For 500 pounds or more, the minimum penalty is eight years and a fine of $100,000.


The use or possession of paraphernalia is a misdemeanour resulting in up to one year imprisonment and a fine of up to $2,300. The sale of paraphernalia is a felony punishable by a maximum of two years imprisonment. Sale or delivery of paraphernalia to a minor results in up to five years imprisonment.

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