A new bill in the Delaware House of Representatives, introduced by Rep. Eric Morrison, aims to decriminalize the public consumption of cannabis by changing the penalty from a misdemeanor with potential imprisonment and higher fines to a civil violation with a maximum $50 fine for a first offense. Morrison stated the goal is to reduce harm, as criminal records negatively affect housing and job opportunities, and the bill is currently with the House Health and Human Development Committee.

Delaware Bill Seeks to Decriminalize Smoking Cannabis in Public

Jan 9, 2026

Graham Abbott

Ganjapreneur

A new bill in the Delaware House of Representatives is seeking to
decriminalize the public consumption of cannabis, WHYY reports.

The proposal, introduced by state Rep. Eric Morrison (D), would reduce the
penalty for public cannabis consumption from a misdemeanor — which can lead
to arrest, imprisonment of up to five days, and fine of up to $200 — to a
civil violation punishable by up to $50 in fines for the first offense,
increasing to up to $100 on subsequent violations.

Morrison said his bill is not designed to approve or condone public
cannabis consumption. Rather, his proposal is about “reducing the penalty.”

“It doesn’t make sense for folks smoking cannabis in public to have a
criminal record for that. Criminal records hurt people in terms of finding
housing and finding jobs. That’s not good for society.” — Morrison, via WHYY

The bill is currently assigned to the House Health and Human Development
Committee.

Delaware’s adult-use cannabis legalization law took effect in April 2024
without the governor’s signature, and the state’s first adult-use
dispensaries opened for business last August.

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