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Delaware: Medical Marijuana Law Overview and State Fines/Penalties - Archive

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Julie Gardener

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Delaware Medical Marijuana Law Overview​

SUMMARY: Governor Jack Markell signed legislation -- Senate Bill 17, The Delaware Medical Marijuana Act -- into law on May 13, 2011. State regulators have up to one-year to draft regulations to formally govern the program. The law removes state-level criminal penalties on the use and possession of cannabis obtained from state-licensed facilities for patients with an authorized "debilitating medical condition." The measure provides for the establishment of at least one non-profit 'compassion center' per county that would be licensed by the state to produce and dispense medical cannabis. Recommending physicians must have "bona fide physician-patient relationship" with a person before recommending the use of medical cannabis.

Accepts other states' registry ID cards? Yes (a visiting qualifying patient is not subject to arrest)

APPROVED CONDITIONS: cancer, HIV/AIDS, amyotrophic lateral sclerosis, Alzheimer's disease, and post-traumatic stress disorder, as well as cachexia, chronic pain (if the condition has not responded to previously prescribed medications), severe nausea, seizures or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis.

POSSESSION/CULTIVATION: Patients 18 and older with certain debilitating conditions may legally possess up to 6 ounces of usable marijuana, if the marijuana is obtained from a state-licensed facility. Home cultivation of marijuana is not allowed under this act. The law establishes a mandatory, confidential state-run patient registry that issues identification cards to qualifying patients. The act also provides medical marijuana patients who are not registered with the state to raise an 'affirmative defense' motion to dismiss at trial. This act includes reciprocity provisions protecting visitors from other medical use states.

• 6 oz usable

PATIENT REGISTRATION FEE: **Program not yet established (as of May 13, 2011)

• Registration: Mandatory

• More information and updates coming soon


Delaware Marijuana Penalties​

Possession

♦ Any amount - misdemeanor Incarceration 6 months Fine $1,150

♦ Within 1,000 feet of a school - felony Incarceration 15 years Fine $250,000

♦ Within 300 feet of a church, park or rec. center - felony Incarceration 15 years Fine $250,000


Cultivation or Sale

♦ Any amount - felony Incarceration 5 years Fine $1,000 - $10,000

♦ 5 - 100 lbs - felony Incarceration 2 years MMS* Fine $25,000

♦ 100 - 500 lbs - felony Incarceration 4 years MMS* Fine $50,000

♦ 500 lbs or more - felony Incarceration 8 years MMS* Fine $100,000

*Mandatory minimum sentence


Sale to minor

♦ To person under 21 - felony Incarceration 5 years Fine $1,000 - $10,000

♦ To person under 16 - felony Incarceration6 months MMS* Fine $1,000 - $10,000

♦ To person under 14 - felony Incarceration 1 year MMS* Fine $1,000 - $10,000

♦ Purchase from minor under 18 - felony Incarceration 5 years Fine none

♦ Purchase from minor under 16 - felony Incarceration 6 months MMS* - 5 years Fine none

♦ Purchase from minor under 14 - felony Incarceration 1 year MMS* - 5 years Fine none

*Mandatory minimum sentence


Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

♦ Paraphernalia possession - misdemeanor Incarceration 1 year Fine $2,300

♦ Paraphernalia sale - felony Incarceration 1 years

♦ Paraphernalia sale or delivery to minor - felony Incarceration 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 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 above a specific threshold.

Warning: The information contained in this report is for informational purposes only. Individuals are encouraged to confirm their state's laws before engaging in any particular behavior, or before going to court without a lawyer. Marijuana laws and penalties change rapidly and are enforced and interpreted differently even in the same legal jurisdiction. Please consult a criminal defense lawyer if you have been busted or if you want to know how a particular conduct might be punished. If you spot an error or have information that should be included please let us know.

Source: NORML

Be informed and be well. Let's keep working on changing these state fines/penalties as they are excessive.
:Namaste:

See Delaware: Medical Marijuana Law Overview and State Fines/Penalties for more up to date information regarding state laws and penalties.
 
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