[JURIST] Delaware Governor Jack Markell [official website] on Thursday signed into law House Bill 39 [materials], a measure that decriminalizes the possession and use of small amounts of marijuana. The bill, which was given final legislative approval [Delaware Online report] by the state’s senate Thursday and signed by the governor quickly after, will allow people in Delaware to possess up to one ounce of marijuana and use it privately without facing criminal sanctions. Police may still confiscate the drugs, however. The penalty for marijuana use in a public place is reduced to a $100 civil fine under the law. Selling marijuana will remain a criminal offense. Prior to this new legislation, simple marijuana possession in Delaware was a misdemeanor for which one could be sentenced [Reuters report] to up to six months in jail and as much as a $1,150 fine. Governor spokesperson Kelly Bachman in a statement on the signing said, “The governor remains committed to reducing the number of people entering the criminal justice system and refocusing resources where they are needed most and House Bill 39 supports these efforts.” The law will take effect in six months.

Delaware joins 19 other states and the District of Columbia in no longer charging its citizens criminally for possessing marijuana in small amounts. The legalization of medical marijuana [JURIST backgrounder] has also gained support in recent years. However, marijuana remains illegal under federal law, creating conflicts. Earlier this week the Colorado Supreme Court unanimously affirmed [JURIST report] a lower court decision that employers’ zero tolerance drug policies are not preempted by Colorado’s legalization of medical marijuana. The court in its opinion emphasized that “employees who engage in an activity, such as medical marijuana use, that is permitted by state law but unlawful under federal law are not protected by the [state’s lawful off duty activities] statute.” In early March a bipartisan group of three US Senators introduced a bill [JURIST report] that would reclassify marijuana as a Schedule II drug, which would loosen governmental regulation, and notably, allow states to enact their own medical marijuana statutes without federal interference. A few days later, an identical companion bill was introduced [JURIST report] in the US House of Representatives.