Title 16, Health and Safety

§ 4714. Schedule I. (a) The controlled substances listed in this section are included in Schedule I. (b) Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of t…

§ 4715. Schedule II tests. The Secretary shall place a substance in Schedule II if the Secretary finds that: (1) The substance has high potential for abuse; (2) The substance has currently accepted medical use in treatment in the United States or currently accepted medical use wi…

§ 4716. Schedule II. (a) The controlled substances listed in this section are included in Schedule II. (b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable or…

§ 4717. Schedule III tests. The Secretary shall place a substance in Schedule III if the Secretary finds that: (1) The substance has a potential for abuse less than the substances listed in Schedules I and II; (2) The substance has currently accepted medical use in treatment in t…

§ 4718. Schedule III. (a) The controlled substances listed in this section are included in Schedule III. (b) Unless specifically excepted or unless listed in another schedule, any compound, mixture or preparation containing limited quantities of any stimulant drugs or any salts, …

§ 4719. Schedule IV tests. The Secretary shall place a substance in Schedule IV if the Secretary finds that: (1) The substance has a low potential for abuse relative to substances in Schedule III; (2) The substance has currently accepted medical use in treatment in the United Sta…

§ 4720. Schedule IV. (a) The controlled substances listed in this section are included in Schedule IV. (b) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on t…

§ 4721. Schedule V tests. The Secretary shall place a substance in Schedule V if the Secretary finds that: (1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV; (2) The substance has currently accepted medical use in treatment …

§ 4722. Schedule V. (a) The controlled substances listed in this section are included in Schedule V. (b) Any compound, mixture or preparation containing limited quantities of any of the following narcotic drugs, which also contains 1 or more nonnarcotic active medicinal ingredien…

§ 4723. Republishing of schedules [Repealed]. Repealed by 60 Del. Laws, c. 583, § 3, effective July 21, 1976.

§ 4731. Rules; fees; Controlled Substance Advisory Committee. (a) The Secretary may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this State. (b) The Secretary s…

§ 4732. Registration requirements; exemptions; inspections. (a) Any pharmacy, distributor, manufacturer, practitioner, including a practitioner who holds a practice privilege, interstate compact license, an interstate telehealth registration, or a military registration, researche…

§ 4733. Registration; rights of registrants. (a) The Secretary shall register an applicant as a pharmacy, distributor, manufacturer, practitioner, researcher or other controlled substance registrant for purposes of manufacturing, distributing or dispensing, some or all of the con…

§ 4734. Denial, revocation and suspension of registration; order to show cause proceedings before the Secretary. (a) A registration under § 4733 of this title may be denied, suspended or revoked by the Secretary upon a finding that the registrant’s DEA registration or underlying …

§ 4735. Investigations; written complaints; grounds for limitation, suspension or revocation of registration. (a) All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29, and the Division of Professional R…

§ 4736. Hearings before the Secretary; subpoenas; judicial review. (a) Any registrant complained against under this chapter may appear personally or by counsel at the hearing and produce any competent evidence on the registrant’s behalf in answer to the complaint. Hearings shall …

§ 4737. Temporary suspension. (a) In the event of a formal or informal complaint concerning the activity of a registrant that alleges an imminent danger to the public health, safety or welfare, the Secretary may temporarily suspend any registration, pending a hearing, by written …

§ 4738. Records of registrants; order forms. (a) Persons registered to prescribe, manufacture, distribute or dispense controlled substances under this chapter shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal …

§ 4739. Prescriptions [For application of the section, see 79 Del. Laws, c. 409, § 3]. (a) Except when dispensed directly by a practitioner other than a pharmacy to an ultimate user, no controlled substance in Schedule II may be dispensed without the written prescription of a pra…

§ 4739A. Practitioners. Except for pharmacies, opioid treatment programs (also known as methadone clinics), veterinarians and persons licensed, registered, or otherwise authorized to conduct research, no practitioner shall dispense controlled substances beyond the amount deemed m…

§ 4740. Sale of pseudoephedrine or ephedrine. (a) Beginning January 1, 2014, before completing a sale of an over-the-counter material, compound, mixture, or preparation containing any detectable quantity of pseudoephedrine or ephedrine, its salts or optical isomers, or salts of o…

§ 4740A. Sale of dextromethorphan. (a) Age limit on sale of dextromethorphan. — (1) No commercial entity shall knowingly or wilfully sell or trade a finished drug product containing any quantity of dextromethorphan to a person less than 18 years of age. (2) No person who is less …

§ 4740B. Use, distribution and education concerning benzodiazepine and non-benzodiazepine hypnotics. (a) Obligations of the Secretary. — The Secretary shall produce and distribute either in written or electronic form to pharmacies, not including institutional pharmacies, pamphlet…

§ 4741. Short title. This subchapter shall be known as the “Safe Internet Pharmacy Act.”76 Del. Laws, c. 410, § 1;

§ 4742. Legislative findings and intent; construction of this subchapter. The General Assembly has determined that the sale and delivery of prescription drugs by internet sites which are not licensed pharmacies and which dispense prescription drugs to patients without the existen…

§ 4743. Definitions. The following definitions shall be applicable to this subchapter: (1) “Board” means the Delaware Board of Pharmacy; (2) “Delaware patient” means any person residing within or outside of this State who requests an internet pharmacy deliver a prescription drug …

§ 4744. Prohibited practices; penalties. (a) (1) An internet pharmacy shall not sell, dispense, distribute or deliver or offer to sell, dispense, distribute or deliver or participate in the sale, distribution, dispensing or delivery of any prescription drug to a Delaware patient …

§ 4745. Seizure of unlawfully delivered prescription drugs. (a) Any prescription drug which is ordered, sold, dispensed or delivered in violation of this subchapter is hereby declared to be contraband and may be seized by any peace officer authorized to enforce the provisions of …

§ 4750. State-legal marijuana activities. The offenses and penalties provided for in this chapter do not apply to marijuana-related conduct allowed under the Delaware Medical Marijuana Act, Chapter 49A of this title or the Delaware Marijuana Control Act, Chapter 13 of Title 4.84 …

§ 4751. Prohibited acts A; penalties [Repealed].67 Del. Laws, c. 130, § 15; 70 Del. Laws, c. 80, §§ 1-3; 76 Del. Laws, c. 108, §§ 1-3; repealed by 78 Del. Laws, c. 13, § 32, eff. Sept. 1, 2011.;

§ 4751A. Aggravating factors related to drug offenses. For the purposes of this subchapter: (1) Each of the following is an “aggravating factor” within the meaning of the offenses in this subchapter: a. The offense was committed within a protected school zone, as defined in § 470…

§ 4751B. Prior qualifying Title 16 convictions [Repealed].78 Del. Laws, c. 13, § 34; 70 Del. Laws, c. 186, § 1; repealed by 82 Del. Laws, c. 217, § 3, effective Dec. 15, 2019.;

§ 4751C. Quantity tiers related to drug offenses. For the purposes of this subchapter: (1) “Tier 3 Controlled Substances Quantity’' means: a. 25 grams or more of cocaine or of any mixture containing cocaine, as described in § 4716(b)(4) of this title; b. 5 grams or more of any mo…

§ 4751D. Knowledge of weight or quantity not an element of the offense; proof of weight or quantity. (a) In any prosecution under this subchapter, in which the weight or quantity of a controlled substance is an element of the offense, the State need not prove that the defendant h…

§ 4752. Drug dealing or possession; class B felony. (a) Except as authorized by this chapter, it is unlawful for any person to do any of the following: (1) Manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance in a Tier 3 quantity. (2) Poss…

§ 4752A. Unlawful delivery of noncontrolled substance [Repealed].62 Del. Laws, c. 252, § 1; 63 Del. Laws, c. 72, § 1; 67 Del. Laws, c. 130, § 9; 70 Del. Laws, c. 80, § 4; repealed by 78 Del. Laws, c. 13, § 37, eff. Sept. 1, 2011.;

§ 4752B. Drug dealing — Resulting in death; class B felony. (a) A person is guilty of drug dealing resulting in death when the person delivers a Schedule I or II controlled substance in Tier 1 or greater quantity to another person in violation of this chapter, and said controlled…

§ 4753. Drug dealing or possession; class C or E felony. (a) Except as authorized by this chapter, it is unlawful for any person to do any of the following: (1) Manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance in a Tier 2 quantity. (2)…

§ 4753A. Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3, 4-methylenedioxymethamphetamine (MDMA) [Repealed].63 Del. Laws, c. 134, § 1; 63 Del. Laws, c. 359, § 1; 64 Del. Laws, c. 87, §§ 1, 2; 65 Del. La…

§ 4754. Drug dealing; class D felony. (a) Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with the intent to manufacture or deliver a controlled substance. (b) Violation of subsection (a) of this section is a class D felony.…

§ 4754A. Possession and delivery of non-controlled prescription drug [Repealed]. [Repealed by 78 Del. Laws, c. 13, § 41, and substantially reenacted by § 57 of that act as present § 4761 of this title, effective September 1, 2011.]

§ 4755. Aggravated possession; class E felony [Repealed].78 Del. Laws, c. 13, § 47; repealed by 82 Del. Laws, c. 217, § 9, effective Dec. 15, 2019.;

§ 4756. Drug possession; class G felony. (a) Except as authorized by this chapter, it is unlawful for any person to possess a controlled substance in a Tier 1 quantity. (b) Violation of subsection (a) of this section is a class G felony.78 Del. Laws, c. 13, § 54; 82 Del. Laws, c.…

§ 4757. Miscellaneous drug crimes; class C or F felony. (a) It is unlawful for any person knowingly or intentionally: (1) To distribute as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as required by § 4738 of this title; (2)…

§ 4758. Unlawful dealing in a counterfeit or purported controlled substance; class E felony. (a) Any person who knowingly manufactures, delivers, attempts to manufacture or deliver, or possesses with the intent to manufacture or deliver a counterfeit or purported controlled subst…

§ 4759. Registrant crimes. (a) It is unlawful for any person: (1) Who is subject to subchapter III of this chapter to distribute or dispense a controlled substance in violation of § 4739 of this title; (2) Who is a registrant, to manufacture a controlled substance not authorized …