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Don’t Become a Victim of the War on Drugs.
 

Many view personal drug use as a "victimless crime," but the government views drug use as a direct contributor to violent crime. Both the States and Federal government are leading a well financed war on drugs that measures its success by the number of convictions made and the size of drug busts. Drug charges are pursued very seriously at both the state and federal level.  Call now for a free consultation so you know where you stand. 

   
 
 
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       Delaware Marijuana Laws  
     
 
 
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 Delaware Marijuana Laws Compared

The graphs below represents how lenient or strict the marijuana laws are in your state compared to Maine, Hawaii, and Connecticut.  This determination is based on level of enforcement, weight limits, fines and/or time imprisoned.  This determination is also based on how strict penalties are for repeat offenders and proximity to certain drug restricted areas such as school zones and public parks. 
 
  Delaware  
    
Lenient Moderately Lenient  Moderate Moderately Strict Strict
  Connecticut  
    
Lenient Moderately Lenient  Moderate Moderately Strict Strict
  Hawaii  
    
Lenient Moderately Lenient  Moderate Moderately Strict Strict
  Maine  
    
Lenient Moderately Lenient  Moderate Moderately Strict Strict
 
 
 
 
 

Misdemeanors
 

Unlawful possession of marijuana
 

Any person who possesses any amount of marijuana.

 

Fine: Up to $2000                                            Imprisonment: Up to 6 months
   
 

Unlawful possession of drug paraphernalia

 

This charge applies to the possession of any equipment that is used to produce, conceal, and consume illicit drugs. It includes but is not limited to items such as bongs, roach clips, miniature spoons, and various types of pipes (class A misdemeanor).
 

Fine: Up to $3,000                                           Imprisonment: Up to 1 year
   
 

Felonies
 

Trafficking/Cultivation/Sale of marijuana (less than 5 pounds)
 

Any person who knowingly sells, manufactures, delivers or brings into this State, or who is knowingly in actual or constructive possession of less than 5 pounds.

  Fine: Up to $10,000                                         Imprisonment: Up to 5 years
   
  Trafficking/Cultivation/Sale of marijuana (5-100 pounds)
 

Any person who knowingly sells, manufactures, delivers or brings into this State, or who is knowingly in actual or constructive possession in excess of 5 pounds, but less than 100 pounds (Mandatory 3-year prison sentence running consecutively to prison term imposed for violating other drug laws).
 

Fine: Up to $25,000                                         Imprisonment: MMI of 2 years

 

 
  Trafficking/Cultivation/Sale of marijuana (100-500 pounds)
 

Any person who knowingly sells, manufactures, delivers or brings into this State, or who is knowingly in actual or constructive possession in excess of 100 pounds, but less than 500 pounds (Mandatory 3-year prison sentence running consecutively to prison term imposed for violating other drug laws).
 

Fine: Up to $50,000                                         Imprisonment: MMI of 4 years

 

 
  Trafficking/Cultivation/Sale of marijuana (more than 500 pounds)
  Any person who knowingly sells, manufactures, delivers or brings into this State, or who is knowingly in actual or constructive possession in excess of 500 pounds (Mandatory 8-year prison sentence running consecutively to prison term imposed for violating other drug laws).
 

Fine: $100,000                                     Imprisonment: MMI of 8 years

   
 

Sale to Minor (16-20 years old)
 

Unlawful sale of marijuana
  Involving the sale of any amount of marijuana.
 

Fine: Up to $10,000                                         Imprisonment: Up to 5 years
   
 

Sale to Minor (14-15 years old)
  Unlawful sale of marijuana
 
Involving the sale of any amount of marijuana (Mandatory 6 month prison sentence running consecutively to prison term imposed for violating other drug laws).
  Fine: Up to $10,000                                        Imprisonment: MMI 6 months
   
  Sale to Minor (under 14 years old)
 

Unlawful sale of marijuana
 

Involving the sale of any amount of marijuana (Mandatory 1 year prison sentence running consecutively to prison term imposed for violating other drug laws).
 

Fine: Up to $10,000                                        Imprisonment: MMI 1 year
 

 
  Purchase from minor (16-17 years old)
  Unlawful purchase of marijuana
 

Involving the purchase of any amount of marijuana.
 

Fine: N/A                                                         Imprisonment: Up to 5 years
   
 

Purchase from minor (14-15 years old)
 

Unlawful purchase of marijuana
 

Involving the purchase of any amount of marijuana (Mandatory 6 month prison sentence running consecutively to prison term imposed for violating other drug laws).
 

Fine: N/A                                                         Imprisonment: MMI 6 months
   
 

Purchase from minor (under 14 years old)
 

Unlawful purchase of marijuana
 

Involving the purchase of any amount of marijuana (Mandatory 1 year prison sentence running consecutively to prison term imposed for violating other drug laws).
 

Fine: N/A                                                         Imprisonment: MMI 1 year
   
 

Trafficking/Cultivation/Sale/Possession of marijuana
 

Distribution, delivery or possession of marijuana in or within 300 feet of park, recreation area, church, synagogue or other place of worship.
 

Fine: Up to $250,000                                       Imprisonment: Up to 15 years

   
 

Trafficking/Cultivation/Sale/Possession of marijuana (near school)
 

Distribution, delivery, cultivation or possession of marijuana in or within 1000 feet of any school property.
 

Fine: Up to $250,000                                       Imprisonment: Up to 15 years

   
 

Unlawful sale of drug paraphernalia

 

This charge applies to the sale of any equipment that is used to produce, conceal, and consume illicit drugs. It includes but is not limited to items such as bongs, roach clips, miniature spoons, and various types of pipes (class G felony).
 

Fine: Up to $5,000                                           Imprisonment: Up to 1 year

   
 

Unlawful sale of drug paraphernalia (to a minor)
 

This charge applies to the sale of any equipment that is used to produce, conceal, and consume illicit drugs to anyone under the age of 18. It includes but is not limited to items such as bongs, roach clips, miniature spoons, and various types of pipes (class E felony).
 

Fine: Up to $10,000                                         Imprisonment: Up to 5 years
   
 

 
 
 United States Marijuana Arrest Trends
The graphs below represent the trends in marijuana arrests from 1990 to 2005 in the United States.  With the higher amount of arrests also comes tens and billions of more dollars spent on enforcement, adjudication, and imprisonment for marijuana related offenses. 
 
 
 
 Source
Delaware Code
CHAPTER 47. UNIFORM CONTROLLED SUBSTANCES ACT
Subchapter IV. Offenses and Penalties
FBI Uniform Crimes Report

 
 
State by State Laws
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Curve In the News Curve
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