Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Subchapter I. Definitions
§ 4701. Definitions. - As used in this chapter: (1) “Addicted” or “addiction” shall...
Subchapter II. Standards and Schedules
§ 4711. Administration. - The Secretary shall administer this chapter. Except as otherwise provided...
§ 4712. Nomenclature. - The controlled substances listed or to be listed in the...
§ 4713. Schedule I tests. - The Secretary shall place a substance in Schedule I if...
§ 4714. Schedule I. - (a) The controlled substances listed in this section are included...
§ 4715. Schedule II tests. - The Secretary shall place a substance in Schedule II if...
§ 4716. Schedule II. - (a) The controlled substances listed in this section are included...
§ 4717. Schedule III tests. - The Secretary shall place a substance in Schedule III if...
§ 4718. Schedule III. - (a) The controlled substances listed in this section are included...
§ 4719. Schedule IV tests. - The Secretary shall place a substance in Schedule IV if...
§ 4720. Schedule IV. - (a) The controlled substances listed in this section are included...
§ 4721. Schedule V tests. - The Secretary shall place a substance in Schedule V if...
§ 4722. Schedule V. - (a) The controlled substances listed in this section are included...
Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances
§ 4731. Rules; fees; Controlled Substance Advisory Committee. - (a) The Secretary may promulgate rules and charge reasonable fees...
§ 4732. Registration requirements; exemptions; inspections. - (a) Any pharmacy, distributor, manufacturer, practitioner, researcher or other controlled...
§ 4733. Registration; rights of registrants. - (a) The Secretary shall register an applicant as a pharmacy,...
§ 4734. Denial, revocation and suspension of registration; order to show cause proceedings before the Secretary. - (a) A registration under § 4733 of this title may...
§ 4735. Investigations; written complaints; grounds for limitation, suspension or revocation of registration. - (a) All complaints shall be received and investigated by the...
§ 4736. Hearings before the Secretary; subpoenas; judicial review. - (a) Any registrant complained against under this chapter may appear...
§ 4737. Temporary suspension. - (a) In the event of a formal or informal complaint...
§ 4738. Records of registrants; order forms. - (a) Persons registered to prescribe, manufacture, distribute or dispense controlled...
§ 4739. Prescriptions [For application of the section, see 79 Del. Laws, c. 409, § 3]. - (a) Except when dispensed directly by a practitioner other than...
§ 4739A. Practitioners. - Except for pharmacies, opioid treatment programs (also known as methadone...
§ 4740. Sale of pseudoephedrine or ephedrine. - (a) Beginning January 1, 2014, before completing a sale of...
§ 4740A. Sale of dextromethorphan. - (a) Age limit on sale of dextromethorphan. — (1) No...
§ 4740B. Use, distribution and education concerning benzodiazepine and non-benzodiazepine hypnotics. - (a) Obligations of the Secretary. — The Secretary shall produce...
Subchapter III-A. Safe Internet Pharmacy Act
§ 4741. Short title. - This subchapter shall be known as the “Safe Internet Pharmacy...
§ 4742. Legislative findings and intent; construction of this subchapter. - The General Assembly has determined that the sale and delivery...
§ 4743. Definitions. - The following definitions shall be applicable to this subchapter: (1)...
§ 4744. Prohibited practices; penalties. - (a) (1) An internet pharmacy shall not sell, dispense, distribute...
§ 4745. Seizure of unlawfully delivered prescription drugs. - (a) Any prescription drug which is ordered, sold, dispensed or...
Subchapter IV. Offenses and Penalties
§ 4751A. Aggravating factors related to drug offenses. - For the purposes of this subchapter: (1) Each of the...
§ 4751C. Quantity tiers related to drug offenses. - For the purposes of this subchapter: (1) “Tier 3 Controlled...
§ 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...
§ 4752. Drug dealing or possession; class B felony. - (a) Except as authorized by this chapter, it is unlawful...
§ 4752B. Drug dealing — Resulting in death; class B felony. - (a) A person is guilty of drug dealing resulting in...
§ 4753. Drug dealing or possession; class C or E felony. - (a) Except as authorized by this chapter, it is unlawful...
§ 4754. Drug dealing; class D felony. - (a) Except as authorized by this chapter, it is unlawful...
§ 4756. Drug possession; class G felony. - (a) Except as authorized by this chapter, it is unlawful...
§ 4757. Miscellaneous drug crimes; class C or F felony. - (a) It is unlawful for any person knowingly or intentionally:...
§ 4758. Unlawful dealing in a counterfeit or purported controlled substance; class E felony. - (a) Any person who knowingly manufactures, delivers, attempts to manufacture...
§ 4759. Registrant crimes. - (a) It is unlawful for any person: (1) Who is...
§ 4760. Maintaining a drug property; class F felony. - Any person who is the owner, landlord, or tenant of...
§ 4760A. Operating or attempting to operate clandestine laboratories; cleanup; penalties. - (a) Any person who knowingly operates or attempts to operate...
§ 4761. Illegal possession and delivery of noncontrolled prescription drugs. - (a) Any person who knowingly or intentionally possesses, uses or...
§ 4762. Hypodermic syringe or needle; delivering or possessing; disposal; exceptions. - (a) A licensed pharmacist, or pharmacist intern or pharmacy student...
§ 4763. Possession of controlled substances or counterfeit controlled substances; class B misdemeanor. - (a) It shall be unlawful for any person to knowingly...
§ 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,...
§ 4765. Penalties under other laws are additional. - Any penalty imposed for violation of this chapter is in...
§ 4767. First offenders controlled substances diversion program. - (a) Any person who: (1) Has not previously been convicted...
§ 4768. Medical or psychiatric examination or treatment. - After a conviction and before sentencing for violation of §...
§ 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...
§ 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”...
Subchapter V. Drug Paraphernalia
§ 4771. Drug paraphernalia [For application of this section, see 80 Del. Laws, c. 38, § 6]. - (a) It is unlawful for any person to use, or...
§ 4772. Consideration of factors. - In determining whether or not an object is drug paraphernalia,...
§ 4773. Exemptions. - This subchapter does not apply to any of the following:...
§ 4774. Penalties [For application of this section, see 80 Del. Laws, c. 38, § 6]. - (a) Possession. — Except as described in subsection (b) of...
§ 4775. Consideration of factors. - Transferred to § 4772 of this title by 73 Del....
Subchapter VI. Enforcement and Administrative Provisions
§ 4781. Powers of enforcement personnel. - Any officer or employee of the Secretary designated by the...
§ 4782. Administrative inspections and warrants. - (a) Issuance and execution of administrative inspection warrants shall be...
§ 4783. Cooperative arrangements and confidentiality. - (a) The Secretary shall cooperate with federal and other state...
§ 4784. Forfeitures. - (a) The following shall be subject to forfeiture to the...
§ 4785. Burden of proof; liabilities. - (a) It is not necessary for the State to negate...
§ 4786. Judicial review. - All final determinations, findings and conclusions of the Secretary under...
§ 4787. Education and research. - (a) The Secretary shall carry out educational programs designed to...
Subchapter VII. Miscellaneous
§ 4791. Pending proceedings. - (a) Prosecution for any violation of law occurring prior to...
§ 4792. Continuation of rules. - Any orders and rules promulgated under any law affected by...
§ 4793. Uniformity of interpretation. - This chapter shall be so applied and construed as to...
§ 4794. Short title. - This chapter may be cited as the “Controlled Substances Act.
§ 4795. Jurisdiction [For application of this section, see 80 Del. Laws, c. 38, § 6]. - (a) The Superior Court shall have original and exclusive jurisdiction...
§ 4796. Authority of the Attorney General. - Nothing in this chapter shall be interpreted as limiting the...
§ 4797. Statewide authorized tamper resistant prescription forms. - (a) Every prescription written in this State by a practitioner...
§ 4798. The Delaware Prescription Monitoring Program. - (a) It is the intent of the General Assembly that...
Subchapter VIII. Drug Overdose Fatality Review Commission
§ 4799A. Definitions. - For purposes of this subchapter: (1) “Controlled substance” means a...
§ 4799B. Organization and composition. - (a) The following persons, or their designees, shall be members...
§ 4799C. Powers and duties. - (a) The Commission shall investigate and review the facts and...
§ 4799D. Confidentiality of records and immunity from suit. - (a) The records of the Commission and of all regional...