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 examination or treatment. The court may order such examination by the Department of Health and Social Services or by a private physician, hospital, or clinic and the court may make such order regarding the term and conditions of such examination or treatment and the payment therefor by the defendant as a court in its discretion shall determine. The Department of Health and Social Services or the private physician, hospital, or clinic shall report to the court within such time as the court shall order, not more than 90 days from the date of such order. After such report and upon conviction of such violation, the court shall impose sentence or suspend sentence and may impose probation or a requirement of future medical or psychiatric examination or treatment including hospitalization or outpatient care upon such terms and conditions and for such period of time as the court shall order.
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.