Delaware Lawmakers Consider Civil Fines for Public Marijuana Use

12 January 2026

Delaware lawmakers opened the 2026 legislative session with a packed agenda, and one of the earliest bills to gain traction focuses on how the state treats public marijuana use. House Bill 252, introduced in December and now under committee review, would reclassify the use or possession of small, personal-use amounts of marijuana in public spaces or in a moving vehicle as a civil violation rather than a criminal misdemeanor.

Under current law, that conduct is treated as an unclassified misdemeanor, carrying the possibility of jail time and higher fines. The proposed change would cap penalties at a fine of up to $50 for a first offense and up to $100 for repeat violations. Jail time would be removed entirely. The bill also includes a technical fix to eliminate a statutory reference that no longer applies.

Supporters say the measure aims to align enforcement with Delaware’s broader shift away from criminal penalties for low-level marijuana offenses. The bill makes clear that it does not affect laws related to driving under the influence. Police would still be able to arrest and charge drivers suspected of impairment.

House Bill 252 is sponsored by Rep. Eric Morrison, with multiple co-sponsors in both chambers, and has been assigned to the House Health and Human Development Committee. Lawmakers returned to Legislative Hall on Jan. 13, positioning the bill for consideration early in the session.

For Delaware residents, the marijuana bill would not change where cannabis can be legally consumed, public use would still be prohibited. But it would likely reduce the long-term legal consequences for people cited for minor violations. For medical cannabis patients and adult-use consumers, the shift from criminal to civil penalties may lower the risk of arrest records tied to small-scale, nonviolent conduct, even as enforcement boundaries remain in place.