In Delaware, cannabis is legal but public consumption is not. Until now, that is.

Delaware lawmakers are trying to ease one of the most restrictive aspects of the state’s cannabis legalization.

A bill approved by the House of Representatives’ Committee on Health and Human Development would eliminate the risk of imprisonment for people caught using cannabis in public, replacing criminal penalties with fines.

If adopted, this reform would bring Delaware in line with the vast majority of U.S. states that have already legalized it or have decriminalized cannabis and no longer consider public use to be a crime punishable by imprisonment.

The End of an Exception Among States Where Cannabis Is Legal

Despite the legalization of sales to adults, Delaware is currently the only state where public consumption of cannabis can still lead to incarceration. While states such as the Colorado or the’Ohio While these countries maintain penalties for cannabis use in public spaces, those penalties generally do not include imprisonment.

The proposed HB 252 bill would change that. Introduced by Representative Eric Morrison, this bill would reclassify public consumption as a civil offense, punishable by a $50 fine for a first offense and a $100 fine for subsequent offenses.

«It makes sense that if we have decided to decriminalize cannabis, we should also decriminalize its public use,» Mr. Morrison told his fellow lawmakers during the committee hearing.

A Question of Proportionality

Supporters of the bill argue that the current system is disproportionate and out of step with broader public health and criminal justice goals. Mr. Morrison emphasized that the reform does not condone public consumption, but rather aligns the penalty with the offense.

«This change does not mean that it is acceptable to use cannabis in public,» he said. «It is simply a matter of updating the current penalty for public use so that it is proportionate to the offense.»

Advocacy groups have taken up this argument. The Marijuana Policy Project (MPP) pointed out that Delaware treats secondhand tobacco smoke as a civil matter, whereas public use of cannabis—even outdoors—can still result in arrest and incarceration.

«One of the main objectives of legalization »is to put an end to the destruction of lives caused by cannabis! It's time to finish this task," the organization said in a recent call to action.

Reducing the Impact of Criminal Records

Beyond the fines themselves, supporters highlighted the broader consequences of enforcing the criminal law. Lawmakers have emphasized that prison sentences and criminal records can have repercussions on employment, housing, and family stability—consequences they consider excessive for an offense involving public consumption.

«A criminal record has negative consequences,» Mr. Morrison noted, citing job loss, barriers to housing, and the social cost of incarceration.

The adult market in Delaware was officially launched less than two years ago after the law on legalization was signed by former Governor John Carney. Initial figures show a strong commercial start, with $7.4 million in sales reported during the first month of legal business operations.

The launch was not without controversy. Medical operators were allowed to enter the adult market before other licensees, a decision that frustrated some applicants still awaiting regulatory approval.

In total, regulators plan to issue 125 commercial licenses for cannabis, covering retail sales, cultivation, manufacturing, and testing.

The bill to decriminalize public consumption is part of a broader debate on how Delaware should refine its cannabis laws now that legalization is a reality. Other proposals under consideration include allowing terminally ill patients to use medical cannabis in hospitals and healthcare facilities, a decision recently proposed in Pennsylvania.