Delaware

Delaware State Laws 2018

Offense Penalty Incarceration   Max. Fine

Possession

Up to 1 oz Civil penalty None $ 100
1 oz – less than 175 grams Misdemeanor 3 months $ 575
175 – less than 1500 grams Felony 3 years N/A**
1500 – less than 3000 grams Felony 5 years N/A**
3000 – less than 4000 grams Felony 8 years N/A**
4000 – less than 5000 grams Felony 15 years N/A**
5000 grams or more Felony 2* – 25 years N/A**
Aggravating factors add increased incarceration
* Mandatory minimum sentence
** Maximum fines are at the discretion of the court for felony charges at sentencing.

Distribution, Sale, or Manufacture

Less than 1500 grams Felony 8 years N/A**
1500 – less than 4000 grams Felony 15 years N/A**
4000 grams or more Felony 2* – 25 years N/A**
Aggravating factors add increased incarceration
* Mandatory minimum sentence
** Maximum fines are at the discretion of the court for felony charges at sentencing.

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Use or possessesion of paraphernalia for the use or possession of less than 1 oz of marijuana Civil penalty None $ 100
Use or possesses with the intent to use paraphernalia for the use of 1 oz or more of marijuana Misdemeanor 6 months $ 1,000
Deliver or possesses with the intent to deliver Felony 2 years N/A**
Deliver to a minor who is under 18 years Felony 3 years N/A**
** Maximum fines are at the discretion of the court for felony charges at sentencing.

Forfeiture

All substances, raw materials, products, equipment, property, vehicles, research products, paraphernalia, money and other assets can be seized.

Miscellaneous

First time offenders may be placed on probation instead of sent to prison or fined.

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