Delaware bill would decriminalize smoking marijuana in public

OG article by Cris Barrish

January 8, 2026

In Delaware, marijuana possession up to one ounce is legal, but public consumption remains prohibited and classified as a misdemeanor, punishable by up to five days in prison and a $200 fine. Approximately 600 people faced charges for public use in 2024. State Rep. Eric Morrison, a Democrat, introduced a bill to reclassify it as a civil violation with fines of up to $50 for first offenses and $100 for repeats, while maintaining the ban and allowing DUI charges. Morrison described it as common sense legislation that reduces penalties without endorsing public use, noting criminal records hinder housing and employment. Similar approaches exist in states like New Jersey, California, and Illinois. The bill is under review in the House Health and Human Development Committee ahead of the upcoming General Assembly session. Gov. Matt Meyer's administration and Attorney General Kathy Jennings have not commented publicly, though Jennings supports diverting basic marijuana cases from criminal courts. Opponents include Republican Sen. David Lawson, who argues it sends the wrong signal, risks secondhand exposure for children, and may advance for political gain in an election year, predicting rejection. Sen. Eric Buckson expressed concerns about protecting non-users' rights to clean air and suggested tiered fines for repeat offenders. Zoe Patchell from the Delaware Cannabis Advocacy Network highlighted that most legalized states decriminalize public consumption, and the bill aligns Delaware with them by reducing penalties without eliminating the prohibition.