reglab/housing_qa huggingface dataset:
16 DE Code § 4774. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter V. Drug Paraphernalia|§ 4774. Penalties [For application of this section, see 80 Del. Laws, c. 38, § 6].

§ 4774. Penalties [For application of this section, see 80 Del. Laws, c. 38, § 6]. (a) Possession. — Except as described in subsection (b) of this section, any person who uses or possesses with intent to use drug paraphernalia is guilty of a class B misdemeanor. (b) Possession for personal use of marijuana. — Any person who uses or possesses drug paraphernalia for the use or possession of a personal use quantity of marijuana shall be assessed a civil penalty of not more than $100, in addition to such routine assessments necessary for the administration of civil violations. (c) Manufacture and sale. — Any person who delivers, possesses with the intent to deliver, conveys, offers for sale, converts, or manufactures with the intent to deliver drug paraphernalia is guilty of a class G felony. (d) Delivery to a minor. — Any person 18 years of age or older who violates § 4771 of this title by delivering or selling drug paraphernalia to a person under 18 years of age is guilty of a class E felony. (e) It is unlawful for any person to place in a newspaper, magazine, handbill or other publication any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty of an unclassified misdemeanor. 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;
16 DE Code § 4775. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter V. Drug Paraphernalia|§ 4775. Consideration of factors.

§ 4775. Consideration of factors. Transferred to § 4772 of this title by 73 Del. Laws, c. 359, § 2, effective July 8, 2002.
16 DE Code § 4781. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter VI. Enforcement and Administrative Provisions|§ 4781. Powers of enforcement personnel.

§ 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 to this chapter; (3) Have all powers of constables and other police officers of the State, counties and other subdivisions of the State; and (4) Suppress all acts of violence and enforce this chapter.16 Del. C. 1953, §  4766;  58 Del. Laws, c. 424, §  1;  60 Del. Laws, c. 583, §§  14, 15;  62 Del. Laws, c. 250, §  4;
16 DE Code § 4783. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter VI. Enforcement and Administrative Provisions|§ 4783. Cooperative arrangements and confidentiality.

§ 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 end, the Secretary may:  (1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances; (2) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels; (3) Cooperate with the bureau by establishing a centralized unit to accept, catalogue, file and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the State, and make the information available for federal, state and local law-enforcement purposes. The Secretary, in cooperation with the bureau, shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c) of this section; and (4) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted. (b) Results, information and evidence received from the Bureau relating to the regulatory functions of this chapter, including results of inspections conducted by it, may be relied and acted upon by the Secretary in the exercise of the Secretary's regulatory functions under this chapter. (c) A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the Secretary nor may the practitioner be compelled in any state or local civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individual that the practitioner is obligated to keep confidential. 16 Del. C. 1953, §  4768;  58 Del. Laws, c. 424, §  1;  62 Del. Laws, c. 250, §  4;  70 Del. Laws, c. 186, §  1;
16 DE Code § 4785. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter VI. Enforcement and Administrative Provisions|§ 4785. Burden of proof; liabilities.

§ 4785. Burden of proof; liabilities. (a) It is not necessary for the State to negate any exemption or exception in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under this chapter. The burden of going forward with the evidence to establish any exemption or exception is upon the person claiming it. (b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, such person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption. (c) No liability is imposed by this chapter upon any authorized state, county or municipal officer engaged in the lawful performance of the officer's duties. 16 Del. C. 1953, §  4770;  58 Del. Laws, c. 424, §  1;  62 Del. Laws, c. 250, §  4;  70 Del. Laws, c. 186, §  1;
16 DE Code § 4786. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter VI. Enforcement and Administrative Provisions|§ 4786. Judicial review.

§ 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 fact by the Secretary, if supported by substantial evidence, are conclusive. 16 Del. C. 1953, §  4771;  58 Del. Laws, c. 424, §  1;  62 Del. Laws, c. 250, §  4;
16 DE Code § 4791. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter VII. Miscellaneous|§ 4791. Pending proceedings.

§ 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 the effective date of any amendment to this chapter are not affected by any amendment to this chapter. (c) All administrative proceedings pending under prior laws which are superseded by any amendment to this chapter shall be continued and brought to a final determination in accord with the laws or rules in effect prior to the effective date of any amendment to this chapter. (d) This chapter and any amendments thereto apply to any violation of law, seizure and forfeiture, injunctive proceeding, administrative proceeding or investigation which occurs or is commenced following the effective date of this chapter and any amendments thereto. 16 Del. C. 1953, §  4773;  58 Del. Laws, c. 424, §  1;  62 Del. Laws, c. 250, §  5;  78 Del. Laws, c. 13, §  66;
16 DE Code § 4792. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter VII. Miscellaneous|§ 4792. Continuation of rules.

§ 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, c. 424, §  1;  62 Del. Laws, c. 250, §  5;
16 DE Code § 4793. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter VII. Miscellaneous|§ 4793. Uniformity of interpretation.

§ 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 Del. Laws, c. 250, §  5;
16 DE Code § 4794. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter VII. Miscellaneous|§ 4794. Short title.

§ 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;
16 DE Code § 4795. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter VII. Miscellaneous|§ 4795. Jurisdiction [For application of this section, see 80 Del. Laws, c. 38, § 6].

§ 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 or any other law to the contrary notwithstanding, the Court of Common Pleas shall have original jurisdiction over any violation of the following by persons 18 years of age or older:  (1) Section 4761(a) of this title. (2) Section 4763 of this title. (3) Section 4764(b) and (d) of this title. (4) Section 4771 of this title, except where jurisdiction over the civil penalty resides in the Justice of the Peace Court pursuant to subsection (c) of this section. (c) The Justice of the Peace Court shall have original jurisdiction over any violation of the following by persons 18 years of age or older:  (1) Section 4764(c) of this title. (2) Section 4774(b) of this title. (d) The Family Court shall have original and exclusive jurisdiction over violations of this chapter by persons under age 18. 16 Del. C. 1953, §  4777;  58 Del. Laws, c. 424, §  1;  58 Del. Laws, c. 480, §  3;  61 Del. Laws, c. 261, §  4;  62 Del. Laws, c. 250, §  5;  71 Del. Laws, c. 63, §§  2, 3;  71 Del. Laws, c. 176, §  25;  78 Del. Laws, c. 13, §  68;  80 Del. Laws, c. 38, §  5;  80 Del. Laws, c. 174, §  1;  82 Del. Laws, c. 217, § 18;
16 DE Code § 4796. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter VII. Miscellaneous|§ 4796. Authority of the Attorney General.

§ 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, §  5;
16 DE Code § 4797. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter VII. Miscellaneous|§ 4797. Statewide authorized tamper resistant prescription forms.

§ 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 licensed medical facility that results in the internal dispensing of prescription drugs to any patient receiving treatment in that facility, nor to tamper-resistant prescription forms electronically generated within a licensed medical facility that meet the criteria established by the rules and regulations promulgated under this section. (b) “Statewide tamper-resistant prescription pads” shall be defined as a prescription pad, which has been authorized by the State for use, and meets the following criteria:  (1) Prevention of unauthorized copying, (2) Prevention of erasure or modification; and (3) An ability to prevent counterfeit prescription forms. (c) The Secretary of the Department of State, upon the recommendation of the Controlled Substance Advisory Committee, may promulgate rules and regulations to implement the provisions of this section. 76 Del. Laws, c. 352, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 159, §  1;  78 Del. Laws, c. 155, §  6;  82 Del. Laws, c. 157, § 1;
16 DE Code § 4799A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter VIII. Drug Overdose Fatality Review Commission|§ 4799A. Definitions.

§ 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 controlled substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability and is a prescription drug. (4) “Overdose death” means a death caused, in whole or in part, by the consumption or use of a controlled substance. (5) “Prescription drug” means as defined in § 4701 of this title.80 Del. Laws, c. 220, §  1;  83 Del. Laws, c. 49, § 1;
16 DE Code § 4799B. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter VIII. Drug Overdose Fatality Review Commission|§ 4799B. Organization and composition.

§ 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 and Social Services. (3) The Director of the Delaware Division of Forensic Science. (4) The Secretary of Safety and Homeland Security. (5) The Director of the Delaware Division of Public Health. (6) The Commissioner of the Delaware Department of Correction. (b) The following persons shall be appointed by the Governor as members of the Commission:  (1) Two representatives of the Medical Society of Delaware. (2) A representative of the Delaware Nurses Association. (3) A representative of the Police Chiefs Council of Delaware who is an active law-enforcement officer. (4) A representative of the Delaware Fraternal Order of Police who is an active law-enforcement officer. (5) Two advocates from statewide nonprofit organizations. (6) A representative of the Delaware Healthcare Association. (c) The chairperson of each regional review team established pursuant to subsection (g) of this section shall also serve as a member of the Commission. (d) The term of members appointed by the Governor shall be 3 years and shall terminate upon the Governor's appointment of a new member to the Commission. The members of the Commission and regional review teams shall serve without compensation. The Commission shall be staffed by the Delaware Department of Justice. (e) The Commission shall, by affirmative vote of a majority of all members of the Commission, appoint a chairperson from its membership for a term of 1 year. (f) Meetings of the Commission and regional review teams shall be closed to the public. (g) The Commission shall by resolution passed by a majority of its members establish 3 regional review teams authorized to review overdose deaths. Members of the Commission shall appoint representatives to each review team such that the review team reflects the disciplines of the Commission. 80 Del. Laws, c. 220, §  1;  81 Del. Laws, c. 94, §  2;  83 Del. Laws, c. 49, § 2;
16 DE Code § 4799C. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter VIII. Drug Overdose Fatality Review Commission|§ 4799C. Powers and duties.

§ 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 the adjudication of related criminal charges, if any. The Commission shall make recommendations to the Governor and General Assembly, at least annually, regarding those practices or conditions which impact the frequency of overdose deaths and steps that can be taken to reduce the frequency of such overdose deaths. All recommendations made under this subsection must comply with applicable state and federal confidentiality provisions, including those enumerated under § 4799D of this title. Notwithstanding any provision of this subchapter to the contrary, no recommendation may specifically identify any individual or any nongovernmental agency, organization, or entity. (b) Reviews conducted by the Commission and regional review teams shall in all cases include a review of the medical records of the deceased. (c) In connection with any review, the Commission and regional review teams shall have the power and authority to:  (1) Administer oaths; and (2) Compel the attendance of witnesses whose testimony is related to the overdose death under review and the production of any records related to the death or pertinent to the Commission's investigation, through the use of process issued by the Department of Justice pursuant to § 2508 of Title 29. (d) Notwithstanding any provision of this subchapter to the contrary, no person identified by the Department of Justice as a potential witness in any criminal prosecution arising from an overdose death shall be questioned, deposed or interviewed by or for the Commission in connection with its investigation and review of such death until the completion of such prosecution. 80 Del. Laws, c. 220, §  1;  81 Del. Laws, c. 94, §  2;  83 Del. Laws, c. 49, § 3;
16 DE Code § 4799D. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter VIII. Drug Overdose Fatality Review Commission|§ 4799D. Confidentiality of records and immunity from suit.

§ 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 confidential and shall not be released to any person except as expressly provided in this subchapter. Such records shall be used by the Commission, and any regional review team, only in the exercise of the proper function of the Commission or review team, and shall not be public records and shall not be available for court subpoena or subject to discovery. Subject to constitutional requirements, statements, records or information shall not be subject to any statute or rule that would require those statements to be disclosed in the course of a criminal trial or associated discovery. Aggregate statistical data compiled by the Commission or regional review teams, however, may be released at the discretion of the Commission or regional review teams. (b) Members of the Commission and regional review teams, and their agents and employees, shall not be subject to, and shall be immune from, claims, suits, liability, damages or any other recourse, civil or criminal, arising from any act, proceeding, decision or determination undertaken or performed or recommendation made, provided such persons acted in good faith and without malice in carrying out their responsibilities authority, duties, powers and privileges of the offices conferred by this law upon them or any other provisions of the Delaware law, federal law or regulations, or duly adopted rules and regulations of the Commission or its regional review teams. Complainants shall bear the burden of proving malice or a lack of good faith to defeat the immunity provided herein. (c) No person in attendance at a meeting of the Commission or regional review team shall be required to testify as to what transpired thereat. No organization, institution or person furnishing information, data, reports or records to the Commission or any regional review team with respect to any subject examined or treated by such organizations, institution, or person, by reason of furnishing such information, shall be liable in damages to any person or subject to any other recourse, civil or criminal. 80 Del. Laws, c. 220, §  1;
16 DE Code § 5101. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter I. General Provisions|§ 5101. Definitions.

§ 5101. Definitions. As used in this title:  (1) “Department” or “Department of Mental Health” shall mean Department of Health and Social Services unless otherwise designated. (2) “Hospital” and “mental hospital,” as used in this chapter, shall mean the Delaware Psychiatric Center or such other hospital in this State which is certified by the Secretary of the Department of Health and Social Services as being an appropriate facility for the diagnosis, care and treatment of mentally ill persons 18 years of age or older. “Hospital” and “mental hospital” shall also mean any hospital in this State which is certified by the Secretary of the Department of Services for Children, Youth and Their Families as being an appropriate facility for the diagnosis, care and treatment of mentally ill persons under 18 years of age. (3) The “State Board of Trustees of the Delaware Psychiatric Center” or “Board of Trustees” or “State Board” or “State Board of Trustees” or “State Board of Trustees of the Hospital” or “Board of Trustees of the Hospital” or the “Board” or the “Board of Trustees of the Department of Mental Health” shall mean the Department of Health and Social Services. (4) “Superintendent,” except in this chapter, or “Commissioner” or “Commissioner of the Department of Mental Health” or “Assistant Superintendent” shall mean Secretary of the Department of Health and Social Services.16 Del. C. 1953, §  5101;  54 Del. Laws, c. 279, §  2;  57 Del. Laws, c. 591, §  22;  66 Del. Laws, c. 424, §  5;  70 Del. Laws, c. 550, §§  1, 5, 6;
16 DE Code § 5102. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter I. General Provisions|§ 5102. Authorization to receive federal fund; disposition.

§ 5102. Authorization to receive federal fund; disposition. The Department may apply for and receive such funds as may be made available from any agency of the federal government as grants-in-aid of programs for mental health or for the mentally retarded. All moneys so received shall be paid into the State Treasury and may be used only for the purposes for which they were granted. 16 Del. C. 1953, §  5104;  54 Del. Laws, c. 279, §  2;  64 Del. Laws, c. 108, §  25;