Pro-marijuana advocates will get an early Christmas present this year when pot is decriminalized in six months.
State senators passed a bill Thursday that will allow those over 21-years-old with less than an ounce of pot to facing a $100 fine instead of possible jail time as the law currently stands.
Gov. Jack Markell (D) signed the bill behind closed doors soon after with some state lawmakers present.
Co-sponsor Sen. Margaret Rose Henry (D-Wilmington East) says the bill is designed to help those who have made mistakes in their lives.
“We think this gives some protection to young people because we all know that they go to college and this is one of the things they do unfortunately," said Henry. "We don’t want to affect financial aid, we don’t want to affect housing, we don’t want to affect jobs.”
It would remain a crime for anyone under 18 caught with pot. Those between 18 and 21 would get a civil violation for their first offense and then get charged with a misdemeanor if convicted again.
The vote came down 12-9 along straight party lines, as did a vote in the House earlier this year.
Henry said opposition from the GOP echoed an attitude toward the drug that negatively affects those who use it.
“It would’ve been nice to know if none of them ever smoked marijuana in their life. It’s not part of our culture, but when kids go to college, somehow you’re exposed to more things and you have to learn to be responsible with drinking and with everything else,” she said.
Smoking marijuana in public places will still be illegal under the law, as would smoking within ten feet of a public sidewalk, open door, window or ventilation shaft.
Fellow Democrats who supported the bill say chief sponsor Rep. Helene Keeley gave up too much ground in trying to appeal to opponents who never gave their support in the end.
Delaware is the latest state to decriminalize small amounts of marijuana, joining 19 others and the District of Columbia. That group includes the four states that have legalized the drug.