DELAWARE -Legislation introduced in the Delaware General Assembly would change how certain marijuana-related offenses are handled under state law.
House Bill 252, sponsored by Rep. Eric Morrison (D -District 27), would reclassify the use or consumption of a personal-use amount of marijuana or THC-containing products in public places or in a moving vehicle. Under the proposal, the offense would become a civil violation rather than a misdemeanor.
The bill would also reduce penalties. A first offense would be punishable by a fine of up to $50, while subsequent offenses could carry a fine of up to $100.
The legislation applies to controlled substances and counterfeit controlled substances listed under Section 4714(d)(19) of Title 16 of the Delaware Code, which includes marijuana and tetrahydrocannabinols.
The proposal does not affect laws related to impaired driving. Law enforcement would retain the authority to arrest and charge individuals who operate motor vehicles while under the influence of controlled substances under Title 21 of the Delaware Code.
House Bill 252 also includes a technical amendment removing a reference in a section title to a subsection that was previously repealed. It has been assigned to the Health and Human Development Committee.