Following the legalization of adult-use marijuana in April 2023, Dewey Beach commissioners voted unanimously May 17 to strike civil penalties for cannabis possession for those over age 21.

Town Counsel Fred Townsend said commissioners decriminalized the possession of personal-use quantities of marijuana in 2016, and since then state law has been amended to decriminalize marijuana further, requiring the town to follow suit.

Presently, there is no crime for the personal use of marijuana, defined as 1 ounce or less, for adults over age 21, Townsend said, so the town needs to amend its code to align with Delaware code.

Those under age 21 remain subject to civil violations, Townsend said, presenting a draft ordinance drawn from state code that sets a civil penalty between $100 and $200 for the first offense and not more than $500 for a second violation. Minors cited for a third violation will be fined $100 and be found guilty of an unclassified misdemeanor.

Commissioners decided to strike several words in the draft ordinance that was taken from state code. The language stated that an officer with reasonable grounds to believe a juvenile has violated the ordinance could issue a civil citation in lieu of a civil penalty. 

Police Chief Constance Speake said the individual would receive a penalty when the civil citation is issued, so the phrase “in lieu of a civil penalty” was stricken from the ordinance.

Additionally, anyone under age 21 who uses or possesses drug paraphernalia for the use or possession of a personal-use quantity of marijuana will be assessed a civil penalty of no more than $100, in addition to fees including court costs, administrative fees and allocations to the victim compensation fund, said Town Manager Bill Zolper.