AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES AND COUNTERFEIT CONTROLLED SUBSTANCES.
Summary
HB252 amends Delaware’s controlled substances law to reduce the penalty for using or consuming a personal-use quantity of certain controlled substances or counterfeit controlled substances, specifically products containing marijuana or tetrahydrocannabinols, in a public area or in a moving vehicle. Under the bill, that conduct would be treated as a civil violation instead of an unclassified misdemeanor. The bill sets a fine of up to $50 for a first violation and up to $100 for subsequent violations, replacing the prior criminal penalty that could include a fine of up to $200 and up to 5 days in jail.
The bill also makes a technical correction to Title 16 by removing a reference to a repealed subsection in the section title. Its synopsis states that the measure does not change law enforcement’s authority under Title 21 to arrest and charge people for driving under the influence of controlled substances. In practical terms, the bill narrows criminal exposure for low-level public use or consumption offenses involving marijuana-related substances while preserving DUI enforcement.
Impact
HB252 would amend Section 4764 of Title 16 of the Delaware Code by reclassifying public use or consumption of a personal-use amount of certain controlled substances from a misdemeanor to a civil violation and lowering the associated fines. This changes the legal consequences for affected individuals by removing the possibility of jail time for this specific offense and reducing the monetary penalty structure. It also updates statutory language to correct an outdated cross-reference, while leaving intact existing impaired-driving enforcement under Title 21.
Sentiment
With no committee transcripts or recorded votes provided, the available context suggests the bill is a straightforward policy and technical cleanup measure rather than a highly contested proposal. The sponsor list indicates bipartisan support, which is consistent with a generally favorable or at least pragmatic legislative posture. The synopsis also frames the bill as a limited adjustment focused on penalty reduction and clarification, not a broader rewrite of controlled substances law.
Contention
The main policy issue is the reduction of criminal penalties for public consumption of marijuana-related substances, which may be viewed by supporters as a proportional response to low-level conduct and by opponents as weakening deterrence. A second point of emphasis is the bill’s explicit statement that it does not affect DUI enforcement, likely intended to address concerns that decriminalizing this offense could limit police authority in impaired-driving cases. No specific objections, amendments, or recorded disputes are available in the provided materials.