How Delaware’s Marijuana Laws Can Still Lead to Criminal Charges
A lot of folks believe that marijuana is currently legal everywhere. Although the laws in America have changed significantly over the past few years, marijuana possession can still lead to criminal charges in Delaware. Therefore, it is important to recognize where the legal lines remain, particularly for those living in Wilmington who believe that all marijuana-related possession is legal. Although the laws have changed, if an individual partakes in marijuana acts that remain outside of the law, they can still be arrested, fined, and possibly sent to jail.
Understanding Delaware’s current marijuana landscape
Delaware has made some moves in the direction of legalization. For example, the state allows the regulated sale of recreational marijuana in licensed businesses. However, legalization does not mean that all activities involving the drug are allowed. There are clear guidelines on how much of the drug a person can own, where they can use it, and who can sell it to them. If a person buys marijuana from a licensed business and has it in the allowable amounts, they cannot be prosecuted.
The problems come in when an individual goes beyond these legal limits. Having large quantities of the drug, selling it without a license, or transporting it from one state to another can lead to criminal charges.
Possession over legal limits
One of the biggest ways people get in trouble with the law is by possessing marijuana in amounts greater than the legal limit. Delaware places limits on the amount of marijuana an adult is legally allowed to possess. If an individual is found to be in possession of more than the legal limits, they can be charged with either a misdemeanor or a felony.
Police officers can also charge an individual with possession with intent to distribute, especially if the amount is very large. Even though an individual may think their large quantity of marijuana is for personal use, the law says otherwise.
Unlicensed sale and distribution
Selling marijuana can also be illegal under Delaware law. The State of Delaware controls the use of cannabis; hence, only authorized businesses can sell marijuana products. Selling marijuana without the required authorization is considered a serious criminal offense.
Unlawful distribution charges can occur when an individual distributes marijuana for monetary gain. This can be considered a felony with serious consequences depending on the amounts involved.
Driving while impaired
Legalization does not mean that you’re allowed to drive under the influence of marijuana. The laws of Delaware prohibit driving while impaired by drugs. When law enforcement suspects that a driver is impaired by drugs and cannot safely drive a vehicle due to the use of marijuana, the driver can be charged with driving under the influence.
Drug-related DUI cases can include field sobriety tests, drug recognition evaluations, and chemical testing. The cases can be complex since the level of impairment is not measured the same way as alcohol.
Talk to a Wilmington, DE, Drug Possession Attorney Today
Michael W. Modica represents the interests of individuals who have been charged with drug possession in Wilmington. Call our Wilmington criminal defense lawyer today to schedule an appointment, and we can begin discussing your next steps right away.