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Delaware: Help us stop jail time for public cannabis use!

Jan 12, 2026

adult-use legalization, Delaware, public smoking


Delaware: Help us stop jail time for public cannabis use!

Delaware is the only legalization state where, if you are caught smoking cannabis in public, you could be sentenced to jail. A core goal of legalization is to stop ruining lives over cannabis. It’s time to finish that job. Rep. Eric Morrison (D) has pre-filed HB 252, which would take a much more proportionate approach. It would change Delaware’s penalty from a criminal conviction carrying up to five days in jail to a civil fine.

If you live in Delaware, ask your lawmakers to stop ruining lives over cannabis!

Minor cannabis offenses should not create a scarlet letter. The goal of legalization was to stop incarcerations for cannabis in Delaware. Imposing a life-altering criminal record for using cannabis in public is extreme. Delaware’s penalty for smoking tobacco in public indoors is a civil fine, which is much more proportionate. The risk of jail time is an exorbitant punishment for a legalization state.