Title 16, Health and Safety

§ 4762. Hypodermic syringe or needle; delivering or possessing; disposal; exceptions. (a) A licensed pharmacist, or pharmacist intern or pharmacy student under the supervision of a pharmacist, may provide hypodermic syringes or hypodermic needles, including pen needles in the Sta…

§ 4763. Possession of controlled substances or counterfeit controlled substances; class B misdemeanor. (a) It shall be unlawful for any person to knowingly or intentionally possess, use, or consume a controlled substance or a counterfeit controlled substance (except a controlled …

§ 4764. Possession of marijuana; class B misdemeanor, unclassified misdemeanor, or civil violation [For application of this section, see 80 Del. Laws, c. 38, § 6]. (a) [Repealed.] (b) Any person who knowingly or intentionally uses, consumes, or possesses other than a personal use…

§ 4764A. Legal marijuana-related activity [Effective Oct. 21, 2026]. (a) For purposes of this section, “adult sharing” means transferring marijuana, marijuana products, or infused beverages between persons who are 21 years of age or older without remuneration. “Adult sharing” doe…

§ 4765. Penalties under other laws are additional. Any penalty imposed for violation of this chapter is in addition to and not in lieu of any civil or administrative penalty or sanction otherwise authorized by law.16 Del. C. 1953, § 4759; 58 Del. Laws, c. 424, § 1; 78 Del. Laws, …

§ 4766. Conviction of lesser offense [Repealed].16 Del. C. 1953, § 4762; 58 Del. Laws, c. 424, § 1; 78 Del. Laws, c. 13, §§ 48, 49; repealed by 82 Del. Laws, c. 217, § 15, effective Dec. 15, 2019.;

§ 4767. First offenders controlled substances diversion program. (a) Any person who: (1) Has not previously been convicted of any offense under this chapter or under any statute of the United States or of any state thereof relating to narcotic drugs, marijuana, or stimulant, depr…

§ 4768. Medical or psychiatric examination or treatment. After a conviction and before sentencing for violation of § 4761(a), § 4763, or § 4764 of this title, or before conviction if the defendant consents, the court may order the defendant to submit to a medical or psychiatric e…

§ 4769. Criminal immunity for persons who suffer or report an alcohol or drug overdose or other life threatening medical emergency. (a) For purposes of this chapter: (1) “Medical provider” means the person whose professional services are provided to a person experiencing an overd…

§ 4770. Unlawful possession, distribution, delivery, or sale of drug masking products; class B misdemeanor or class E felony. (a) For purposes of this section: (1) “Drug masking product” means a substance, including synthetic urine, designed to be added to human urine or to human…

§ 4771. Drug paraphernalia; class B misdemeanor; class G or E felony; unclassified misdemeanor. (a) It is unlawful to knowingly possess or use drug paraphernalia in violation of this chapter. A violation of this subsection is a class B misdemeanor. (b) It is unlawful to knowingly…

§ 4772. Consideration of factors. In determining whether an object is drug paraphernalia, a court or other authority shall consider all of the following: (1) Statements concerning the object’s use by the object’s owner or a person controlling the object. (2) The proximity of the …

§ 4773. Exemptions. This subchapter does not apply to: (1) A person authorized by law to manufacture, possess, or distribute an object potentially constituting drug paraphernalia. (2) An object potentially constituting drug paraphernalia intended for possession or use with a mari…

§ 4774. Penalties [Repealed].62 Del. Laws, c. 250, § 6; 67 Del. Laws, c. 130, § 9; 67 Del. Laws, c. 350, § 27; 73 Del. Laws, c. 359, § 4; 78 Del. Laws, c. 13, § 64; 80 Del. Laws, c. 38, § 4; repealed by 85 Del. Laws, c. 536, § 6, effective Sept. 30, 2026.;

§ 4775. Consideration of factors. Transferred to § 4772 of this title by 73 Del. Laws, c. 359, § 2, effective July 8, 2002.

§ 4781. Powers of enforcement personnel. Any officer or employee of the Secretary designated by the Secretary shall: (1) Execute and serve administrative inspection warrants, subpoenas and summonses issued under the authority of this State; (2) Make seizures of property pursuant …

§ 4782. Administrative inspections and warrants. (a) Issuance and execution of administrative inspection warrants shall be as follows: (1) Any person authorized to issue search warrants in this State may, within the person’s jurisdiction and upon proper oath or affirmation showin…

§ 4783. Cooperative arrangements and confidentiality. (a) The Secretary shall cooperate with federal and other state agencies in discharging the Secretary’s responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this…

§ 4784. Forfeitures. (a) The following are subject to forfeiture to the State pursuant to the procedure and limitations set forth in this section: (1) All controlled substances which have been manufactured, distributed, possessed, dispensed or acquired in violation of this chapte…

§ 4785. Burden of proof; liabilities; attorneys’ fees. (a) The State has the burden to prove all material facts in a forfeiture proceeding by a preponderance of the evidence. (b) Where the property subject to a proceeding is claimed to be the property of a person who is not a cri…

§ 4786. Judicial review. All final determinations, findings and conclusions of the Secretary under this chapter are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision in the Superior Court. Findings of fa…

§ 4787. Education and research. (a) The Secretary shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs the Secretary may: (1) Promote better recognition of the problems of misuse and abuse …

§ 4788. Public reporting. (a) The Department of Justice shall compile and publish on its website an annual report that includes all of the following information: (1) The number of seizures made pursuant to this subchapter or any other provision of Delaware law and whether the pro…

§ 4791. Pending proceedings. (a) Prosecution for any violation of law occurring prior to the effective date of any amendment to this chapter is not affected or abated by any amendment to this chapter. (b) Civil seizures or forfeitures and injunctive proceedings commenced prior to…

§ 4792. Continuation of rules. Any orders and rules promulgated under any law affected by this chapter and in effect on the effective date of this chapter and not in conflict with it continue in effect until modified, superseded or repealed.16 Del. C. 1953, § 4774; 58 Del. Laws, …

§ 4793. Uniformity of interpretation. This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.16 Del. C. 1953, § 4775; 58 Del. Laws, c. 424, § 1; 62 D…

§ 4794. Short title. This chapter may be cited as the “Controlled Substances Act.”16 Del. C. 1953, § 4776; 58 Del. Laws, c. 424, § 1; 62 Del. Laws, c. 250, § 5; 78 Del. Laws, c. 13, § 67;

§ 4795. Jurisdiction [For application of this section, see 80 Del. Laws, c. 38, § 6]. (a) The Superior Court shall have original and exclusive jurisdiction over any violation of this chapter by persons 18 years of age or older. (b) The provisions of subsection (a) of this section…

§ 4796. Authority of the Attorney General. Nothing in this chapter shall be interpreted as limiting the authority or responsibility of the Attorney General of this State to enforce the laws of this State.16 Del. C. 1953, § 4778; 58 Del. Laws, c. 424, § 1; 62 Del. Laws, c. 250, § …

§ 4797. Statewide authorized tamper resistant prescription forms. (a) Every prescription written in this State by a practitioner shall be written on a statewide authorized tamper-resistant prescription form. This section shall not apply to prescriptions generated within a license…

§ 4798. The Delaware Prescription Monitoring Program [For application of this section, see 85 Del. Laws, c. 19, § 3]. (a) It is the intent of the General Assembly that the Delaware Prescription Monitoring Act established pursuant to this section serves as a means to promote publi…

§ 4799A. Definitions. For purposes of this subchapter: (1) “Controlled substance” means a drug, substance or immediate precursor in Schedules I through V of subchapter II of this chapter. (2) “Fentanyl” means as defined in § 4716(c)(6) of this title. (3) “Opiate” means any contro…

§ 4799B. Organization and composition. (a) The following persons, or their designees, shall be members of the Drug Overdose Fatality Review Commission (“the Commission”) by virtue of position: (1) The Delaware Attorney General. (2) The Secretary of the State Department of Health …

§ 4799C. Powers and duties. (a) The Commission shall investigate and review the facts and circumstances of overdose deaths that occur in Delaware. The review of deaths involving criminal investigations will be delayed until the later of the conclusion of such investigation, or th…

§ 4799D. Confidentiality of records and immunity from suit. (a) The records of the Commission and of all regional review teams, including original documents and documents produced in the review process with regard to the facts and circumstances of each death, shall be confidentia…