Pot activists rally in downtown Wilmington

Delaware pot smokers rallied in downtown Wilmington Saturday hoping to spark support for a decriminalization effort in the General Assembly.

About 40 people made their way up Market Street chanting "one, two, three, four, time to end the drug war, five, six, seven, eight, medicate and educate." Onlookers peered curiously through shop windows, passers honked horns and others shouted their support from upper-story apartments windows.

The rally was organized by the Delaware branch of the National Organization for the Reform of Marijuana Laws known as NORML. The group plans to organize monthly public demonstrations around the state as decriminalization legislation is debated by lawmakers in Dover.

"I hope people see the variety of people out here marching with us. No matter who they are, one of their peers are in this group and are not ashamed to say 'I smoke pot," said Jonathan Zatwarnytsky, events coordinator for the Delaware's branch of NORML and lives in Claymont.

A bill introduced by south Wilmington Democrat Rep. Helene Keeley earlier this year would see those caught with an ounce or less of marijuana hit with a $100 civil penalty, not a criminal record. House Bill 39, would treat simple possession of the drug, and private use, like a traffic ticket. Selling the drug, and also possessing marijuana with an intent to sell, would remain criminal offenses.

"It is a positive thing. Everyone I know would rather pay a tax and have the tax go to something that is good than go into a drug dealer's pocket," said Middletown resident Darryl Lewis as he wheel around a 7 foot tall model bong along the sidewalk near Rodney Square. "It is another step, but we want legalization in the first state."

Similar legislation cleared a House committee last year but was never debated on the full House floor before lawmakers adjourned on June 30.

Under the legislation, those caught smoking marijuana in a public place would still face a criminal, unclassified misdemeanor charge, punishable by a $200 fine and up to five days behind bars. Law enforcement groups have signaled concerns with the legislation.

Possession of small amounts of marijuana is currently prosecuted as an unclassified misdemeanor under current Delaware law, punishable by up to three months in prison and fines. With an aggravating factor, penalties become stricter, with Delawareans facing up to six months in jail and up to $1,150 in fines.

"I've never seen pot ruin anyone's lives. It is not as stigmatized as it used to be. People used to see no difference between heroin and pot ... I think that has changed," said Richard Dyott, a Delaware native who now lives in Philadelphia.

Earlier this year, the state's first clinic aimed at certifying patients for medical marijuana use opened on Germay Drive in Germay Industrial Park off Maryland Avenue (Del. 4) near Elsmere.

Lawmakers voted to legalize medical marijuana in 2011, but Delaware is just now starting to see the industry open up because of a reluctance to approve patients for the use of medical marijuana by doctors at traditional healthcare facilities, Zatwarnytsky said.

"I'm going on my second year (with legal authority to purchase medical marijuana) and there is still no safe access," said John Peters, a Newark resident who uses marijuana for pain.

Though he's approved to use medical marijuana, Peters still has to visit a drug dealer in order to get his medicine. That is likely to change as the state's first medical dispensary is set to open later this spring near Germay Drive clinic.

"We can't wait," Peters said. "I'm going to be the first one in the door."

Jonathan Starkey contributed to this report.

Contact Staff Writer Xerxes Wilson at (302) 324-2787 or xwilson@delawareonline.com. Follow @Ber_Xerxes on Twitter.