Delaware Plans to Ease Up On Public Marijuana Smoke

Repetition has reigned in the world of cannabis legalization. As new states permit sale, possession and consumption, verbiage is often borrowed from other legal states for drafting laws. One consistent “no-no” across the United States is low to zero tolerance for public cannabis use. Some Delaware lawmakers, however, are aiming to distance a bit from this norm.

Delaware legislators have introduced House Bill 252, which would decriminalize the public consumption of cannabis, changing the penalty from a criminal misdemeanor to a civil violation subject to a fine of $50, then $100. Currently, public consumption is cause for arrest and a misdemeanor charge, and in some cases, imprisonment of up to five days and a fine of up to $200. As of now, smoking weed in Delaware on streets and sidewalks, inside vehicles, stores and restaurants remains illegal.

While possession of up to an ounce is a legal right, consumption outside of a residence is not. State Rep. Eric Morrison, primary sponsor of the bill, said about 600 people were charged with public consumption in 2024.

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

HB252 was introduced and assigned Dec. 18, 2025, to the Health & Human Development Committee in the Delaware House.

“I’m really hopeful that folks will see this for the kind of common sense legislation that it is. An important thing to note is that this is not sending a message that it’s okay to consume cannabis in public. It’s not,” Morrison said. “What it’s doing is reducing the current penalty.”

Another key aspect of this proposed bill is that it does not prevent police from charging persons for driving under the influence of cannabis.

Parties Neutral and Opposed

The administration of Gov. Matt Meyer is not taking a public position on the proposed bill yet, said spokesperson for the governor Mila Miles. Nor has Attorney Gen. Kathy Jennings, although her spokesman Mat Marshall said in a statement that she “has been outspoken about keeping basic marijuana cases out of the criminal justice system and focusing law enforcement’s limited resources on keeping people safe.”

State Sen. David Lawson, a conservative Republican and former state trooper, thinks Morrison’s measure sends the wrong signal and hopes it is rejected by lawmakers.

“The decriminalization of marijuana is a problem, number one, and now we’re not going to abide by the rules that we made to make sure that people who don’t want to smoke marijuana are now going to be subject to it?’’ Lawson asked. “And what about our kids? What about all of that? Those who want to imbibe will be doing it out in public and without regard for people who don’t want to use it and that’s a problem.”

Lawson suggested that the progressive Morrison is using the bill “to feather his nest with the marijuana folks’’ during an election year.

“I always look at that with a jaundiced eye when people come up with these things,” Lawson said.

Although not as vocal in his opposition, State Sen. Eric Buckson also has concerns with HB252.

“My challenge is going to be protecting the rights of those that choose not to use marijuana and their right to have what would be described as clean air in public spaces,’’ Buckson said.

If violating the law is reduced to a civil infraction, Buckson said, “then the fine system has to be a high enough threshold or a tiered approach that ensures that repeat offenders don’t continue to be a problem. The public itself has the right to expect what they might perceive to be a smoke-free environment on public grounds and I don’t think that’s unfair.”

What Cannabis Consumers Need to Know in Delaware

As of publication, here are a couple frequently asked questions about Delaware cannabis:

Can you smoke marijuana in public in Delaware? No. Until House Bill 252 or similar legislation becomes law, the only legal place to consume cannabis in any form is within a private residence.

Is smoking weed in public legal anywhere in the United States? Not technically but several states have decriminalized it and a few more have very minor penalties, linking it with consumption of tobacco products. For now, smoking weed in Delaware as well as other types of consumption, must be in someone’s home.

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