Delaware Code Title 16 Sec. 4764A – Legal marijuana-related activity
(a) For purposes of this section, “adult sharing” means transferring marijuana between persons who are 21 years of age or older without remuneration. “Adult sharing” does not include instances in which:
(1) Marijuana is given away contemporaneously with another reciprocal transaction between the same parties;
(2) A gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services; or
(3) A gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.
Terms Used In Delaware Code Title 16 Sec. 4764A
- area accessible to the public: includes : sidewalks; streets; parking lots; parks; playgrounds; stores and restaurants; and any other outdoor locations such as front porches or front yards. See Delaware Code Title 16 Sec. 4701
- Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Marijuana: means all parts of the plant Cannabis sativa L. See Delaware Code Title 16 Sec. 4701
- Personal use quantity: means 1 ounce or less of marijuana in the form of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol. See Delaware Code Title 16 Sec. 4701
- State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof and any area subject to the legal authority of the United States of America. See Delaware Code Title 16 Sec. 4701
(b) Notwithstanding any other provision of this chapter, no civil or criminal penalty may be imposed, nor may criminal or civil asset forfeiture be pursued, for any of the following activities by an individual 21 years of age or older:
(1) Adult sharing of a personal use quantity or less of marijuana.
(2) Possessing, using, displaying, purchasing, or transporting marijuana accessories or a personal use quantity or less of marijuana outside of a motor vehicle.
(3) Possessing and transporting marijuana accessories or a personal use quantity or less of marijuana, inside of a motor vehicle as long as the marijuana accessories or marijuana is in a closed container or is not readily accessible to anyone inside the motor vehicle.
(4) Assisting another individual who is 21 years of age or older in any of the acts described in paragraphs (b)(1), (b)(2), and (b)(3) of this section.
(c) The following acts remain unlawful and an offense under the law of this State:
(1) Consuming marijuana in an area accessible to the public or in a moving vehicle, as defined and punished under § 4764(d) of this title.
(2) Growing, manufacturing, selling, or cultivating marijuana without a license granted under Chapter 49A of this title or other provision of Delaware law, as defined and punished under this chapter.
(3) Unlawfully using a license or identification card as defined and punished under § 2751 of Title 21.