Police react to DE marijuana decriminalization
Carrying less than an ounce of marijuana has been decriminalized in Delaware starting Friday.
The move though, is raising concerns for law enforcement.
“Someone in possession of this if they don’t have it divided up into smaller packages could argue the point that it was intended for personal use when it is actually for sale.” Lieutenant Edward Huey with the Milford Police Department, tells 47 ABC.
He says the move is both good and bad for law enforcement.
The measure states that simple possession of marijuana or any amount under an ounce – is considered a civil violation – costing you a $100 fine.
While it won’t be a criminal offense on your record, you could still be taken into custody to fill out paperwork for a court appearance and the goods would also be seized.
Lieutenant Huey says that it will give officers more time to handle more important issues but it could create loopholes for drug dealers.
“Today’s criminals are more apt to make adjustments.” he added, “We’ll probably see people who are actually dealing with marijuana, carry it in packages like this, right up to the maximum amount.”
Regardless of the amount of marijuana you may have on you, they are still cracking down on driving under the influence.
Lieutenant Huey tells 47 ABC they take it very seriously.
“If he smells marijuana, that’s probable cause for him to detain that person. If he sees other signs that a person may be under the influence of marijuana, that’s probable cause for him to detain that person.”
Under this new law you wouldn’t be considered a criminal for possession. So be careful because law enforcement will still be keeping a watchful eye.
Selling marijuana is still considered a felony offense and smoking pot, in a moving vehicle, in public areas, or outdoors on private property within 10 feet of a street, sidewalk or other area accessible to the public, also would be considered a misdemeanor.
Simple possession remains a criminal offense for anyone under 18.
For those between the ages of 18 and 21, a first offense would be a civil penalty but any subsequent offenses would be misdemeanors.
