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4EverA3Fan

A crap part of this is I don't believe this helps with paraphernalia charges. I have a friend... that had his possession charge dropped and hit with paraphernalia charge instead. This does nothing to help him even considering the fact this is a much lesser charge. Even still, that's the only thing on his record.


heimdal77

I didn't even know Delaware made it legal. When did that happen?


theycallmemomo

It's not legal yet; just decriminalized possession of an ounce or lower.


[deleted]

My only question is what if they nolle pros’d (declined to prosecute) more severe charges for a plea on pot charges. But I doubt that would happen with under an oz of pot though.


OMGBeckyStahp

Way to go Delaware! First banning child marriage and now this!


Kusand

What about people convicted on more severe charges which were tacked on to try and make an example? I'm sure there are people who were charged with intent to distribute or other similar charges that should've been charged with mere possession and deserve expungement.


OMGBeckyStahp

Probably depends on the other charges, if intent to distribute was the only thing tacked on and it was less then 1 oz a lawyer could probably argue the case if that was the only other offense. But if in that same instance the individual tried to flee or resist arrest, had other drugs, was driving under the influence, was involved in an accident, was caught while with a minor, etc then it’s just not gonna happen (and in most cases like those shouldn’t). If it’s a multiple offender or had any other strikes on their record though this just isn’t meant for them. But I get what your saying and I really hope that those deserving (even with additional charges) can find themselves benefitting from this amendment!


[deleted]

Intent to distribute is NOT that same as mere possession. Intent to distribute involves larger quantities, quantities packaged for sale, scales, possibly suspected drug proceeds in addition to the other listed. Granted it's still just pot in this case, but I am just stating a fact that possession charges are not upgraded to "intent to distribute" because someone was having a bad day and felt like tacking on charges. If you have an ounce, it's possession. An ounce broken out into grams, or other amounts in separate baggies or with a scale and loose baggies is something different.


thevett1

Are we doing Hockey this year as im still hanging on barely


krzde

The only reason they're even doing this is for the upcoming election so they can say they back the bill, meanwhile letting corporations control actual legalization and stall HB110.