New Castle County, DE Public Conduct: Public Marijuana Use (2026)
Key Facts
- Scope
- County parks only
- Fine
- $100+ first offense
- Max penalty
- $1,000 and 30 days jail
- Alcohol exception
- Only in designated facilities
- Not covered
- Wilmington, Newark have own codes
Summary
New Castle County parks ban consuming or possessing intoxicating liquor and "dangerous or narcotic drugs", including marijuana, under Sec. 24.01.008, with fines starting at $100 per offense for anyone caught using cannabis on county parkland.
The consumption or possession of intoxicating liquors or beverages and/or dangerous or narcotic drugs, or gambling of any kind is prohibited in any park, except that the sale, possession and consumption of alcoholic beverages shall be permitted in the clubhouse of the Delcastle Recreation Area, the conference facilities at the Rockwood Museum and other County facilities with the authorization of the General Manager of the Department of Community Service.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).
Full Breakdown
Sec. 24.01.008 of the County Code bans consuming or possessing intoxicating liquors and "dangerous or narcotic drugs" in any County park, alongside gambling. Only alcohol gets a carve-out, and only inside the Delcastle Recreation Area clubhouse, Rockwood Museum conference facilities, or other County facilities authorized by the Community Services General Manager. The rule predates Delaware's 2023 recreational-marijuana legalization and doesn't name cannabis, but "dangerous or narcotic drugs" is broad enough that County police enforce it against marijuana use. It only reaches County parkland: there's no separate county-wide public-marijuana ban for streets or sidewalks. Wilmington and Newark run their own parks under their own municipal codes.
Violations & Fines
First offense: at least $100 fine under Sec. 24.01.023's cross-reference to Sec. 1.01.009. Repeat violations within 12 months climb to $500, then up to $1,000 and 30 days in jail; the Department of Public Works can also revoke park permits.
Frequently Asked Questions
Can I smoke marijuana in a New Castle County park?
Does New Castle County ban public marijuana use everywhere?
Does this rule apply inside Wilmington or Newark?
Sources & Official References
Other rules in New Castle County
Compare New Castle County to another location·View the Delaware public conduct overview
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