(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 substance shall be guilty of a class E felony.
(b) It is no defense to prosecution under this section that the substance actually is a controlled substance or that the accused believed the substance was a controlled substance.
Structure Delaware Code
Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT
Subchapter IV. Offenses and Penalties
§ 4751A. Aggravating factors related to drug offenses.
§ 4751C. Quantity tiers related to drug offenses.
§ 4751D. Knowledge of weight or quantity not an element of the offense; proof of weight or quantity.
§ 4752. Drug dealing or possession; class B felony.
§ 4752B. Drug dealing — Resulting in death; class B felony.
§ 4753. Drug dealing or possession; class C or E felony.
§ 4754. Drug dealing; class D felony.
§ 4756. Drug possession; class G felony.
§ 4757. Miscellaneous drug crimes; class C or F felony.
§ 4758. Unlawful dealing in a counterfeit or purported controlled substance; class E felony.
§ 4760. Maintaining a drug property; class F felony.
§ 4760A. Operating or attempting to operate clandestine laboratories; cleanup; penalties.
§ 4761. Illegal possession and delivery of noncontrolled prescription drugs.
§ 4762. Hypodermic syringe or needle; delivering or possessing; disposal; exceptions.
§ 4765. Penalties under other laws are additional.
§ 4767. First offenders controlled substances diversion program.