Delaware Moves to Decriminalize Public Cannabis Use

Delaware State Rep. Eric Morrison has introduced legislation to decriminalize public cannabis consumption, reducing current penalties that include possible arrest and jail time.

The bill would shift public marijuana use from a misdemeanor criminal offense to a civil infraction, similar to how many jurisdictions treat public alcohol consumption or other minor violations.

"This bill reflects changing societal norms and recognizes the reality that adults are using cannabis as legally permitted," Morrison said.

Current Law

Under Delaware's existing framework, smoking cannabis in public is a misdemeanor punishable by up to five days in jail and fines. The penalty applies even though adults age 21 and over can legally possess and use cannabis in private.

Morrison argues this creates an inconsistency where legal cannabis users face criminal consequences for behavior that wouldn't result in arrest if done with alcohol—despite alcohol being legal for public consumption in many settings.

Delaware decriminalized possession of small amounts of cannabis in 2015 and legalized adult-use possession in 2023, but public consumption remained criminalized.

The Proposal

The legislation would maintain restrictions on where cannabis can be consumed but reduce penalties for violations. Instead of arrest and potential jail time, offenders would receive civil citations similar to tickets.

This approach aligns with public health advocates who argue that criminal penalties for public consumption are disproportionate and create unnecessary burdens on law enforcement and courts.

However, some opponents express concerns about potential increases in public consumption if penalties are reduced, particularly in areas frequented by families or near schools.

Broader Context

Several states with legal cannabis have struggled to find the right balance on public consumption laws. Too strict, and legal users face criminal consequences for minor violations. Too lenient, and concerns about public health and secondorder smoke exposure arise.

Some jurisdictions have created designated consumption areas or licensed social consumption venues as alternatives to allowing unrestricted public use. Delaware's approach focuses on reducing penalties rather than creating new consumption spaces.

The bill will move through committee hearings where stakeholders can provide input before any floor vote.

This article is based on original reporting by Ganjapreneur.