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Home > State By State Laws > Delaware

Delaware

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State Penalties PDF mandatory drugged driving

Incarceration

Fine
Possession
Any amount misdemeanor 6 months $1,150
Within 1,000 feet of a school felony 15 years $250,000
Within 300 feet of a church, park or rec. center felony 15 years $250,000
Cultivation or Sale
Any amount felony 5 years $1,000 - $10,000
5 - 100 lbs felony 2 years MMS* $25,000
100 - 500 lbs felony 4 years MMS* $50,000
500 lbs or more felony 8 years MMS* $100,000
*Mandatory minimum sentence
Sale to minor
To person under 21 felony 5 years $1,000 - $10,000
To person under 16 felony
6 months MMS*
$1,000 - $10,000
To person under 14 felony
1 year MMS*
$1,000 - $10,000
Purchase from minor under 18 felony 5 years none
Purchase from minor under 16 felony 6 months MMS* - 5 years none
Purchase from minor under 14 felony 1 year MMS* - 5 years none
*Mandatory minimum sentence
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession misdemeanor 1 year $2,300
Paraphernalia sale felony 1 years
Paraphernalia sale or delivery to minor felony 5 years
Details

Possession of any amount of marijuana is a misdemeanor, punishable by up to six months in jail and a fine of $1,150. If the possession or sale of marijuana occurs 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.

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

If marijuana is purchased from a minor under 21 years old, the sentence can be up to five years in prison.  If purchased from a minor under 16 years old, there is a six month mandatory minimum sentence imposed, with a maximum sentence of five years.  If marijuana is purchased 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 marijuana and all violations have mandatory minimum sentences. For greater than five pounds, the minimum sentence is two years and a fine of $25,000. For 100 pounds or more, the minimum sentence is four years and a fine of $50,000. For 500 pounds or more, the minimum sentence is eight years and a fine of $100,000.

The use or possession of paraphernalia is a misdemeanor punishable by up to one year in jail and a fine of up to $2,300. The sale of paraphernalia is a felony punishable by up to two years in prison. Sale or delivery of paraphernalia to a minor is punishable by up to five years in prison.

Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Drugged driving: This state has a zero tolerance per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids. For more information, see NORML's Drugged Driving (DUID) report.

Also see Federal Laws

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