reglab/housing_qa huggingface dataset:
16 DE Code § 4752B. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4752B. Drug dealing — Resulting in death; class B felony.

§ 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 substance thereafter causes the death of another person who uses or consumes it. (b) It is not a defense to a prosecution under this section that the defendant did not directly deliver the controlled substance to the decedent. (c) It is an affirmative defense to a prosecution under this section that the defendant made a good faith effort to promptly seek, provide, or obtain emergency medical or law-enforcement assistance to another person who was experiencing a medical emergency after using a Schedule I or II controlled substance, and whose death would otherwise form the basis for criminal liability under this section. (d) Any person who violates subsection (a) of this section is guilty of a class B felony. 80 Del. Laws, c. 330, §  1;
16 DE Code § 4753. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4753. Drug dealing or possession; class C or E felony.

§ 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) Possess a controlled substance in a Tier 2 quantity. (b) (1) Violation of subsection (a)(1) of this section is a class C felony. (2) Violation of subsection (a)(2) of this section is a class E felony78 Del. Laws, c. 13, §   40;  82 Del. Laws, c. 217, § 7;
16 DE Code § 4754. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4754. Drug dealing; class D felony.

§ 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. 78 Del. Laws, c. 13, §  42;  82 Del. Laws, c. 217, § 8;
16 DE Code § 4756. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4756. Drug possession; class G felony.

§ 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. 217, § 10;
16 DE Code § 4757. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4757. Miscellaneous drug crimes; class C or F felony.

§ 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) To use in the course of the manufacture, distribution, prescribing, dispensing or research of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, expired or issued to another person; (3) To acquire or obtain or attempt to acquire or obtain, possession of a controlled substance or prescription drug by misrepresentation, fraud, forgery, deception or subterfuge; (4) To furnish false or fraudulent material information in or omit any material information from, any application, report or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter; (5) To make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance; (6) To acquire or attempt to or obtain possession of a controlled substance by theft; or (7) To prescribe, or administer to another, any anabolic steroid, as defined in § 4718(f) of this title, for the purposes of increasing human muscle weight or improving human performance in any form of exercise, sport, or game. (b) Any person who violates paragraphs (a)(1) through (a)(7) of this section upon conviction shall be guilty of a class F felony. (c) Solicitation of multiple prescription drug crimes; penalties. — (1) Any person who solicits, directs, hires, employs, or otherwise uses 1 or more other persons 3 or more times within a 30-day period to violate any provision of subsection (a) of this section shall be guilty of a class C felony. (2) [Repealed.] (3) Paragraph (c)(1) of this section shall constitute an offense if any of the defendant's conduct or any of the violations of subsection (a) of this section occur within Delaware, or as otherwise provided pursuant to § 204 of Title 11.16 Del. C. 1953, §  4756;  58 Del. Laws, c. 424, §  1;  60 Del. Laws, c. 583, §  7;  65 Del. Laws, c. 504, §§  1-4;  67 Del. Laws, c. 130, §  9;  67 Del. Laws, c. 350, §  19;  71 Del. Laws, c. 288, §  10;  78 Del. Laws, c. 13, §§  51-53;  82 Del. Laws, c. 217, § 11;
16 DE Code § 4758. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4758. Unlawful dealing in a counterfeit or purported controlled substance; class E felony.

§ 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 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. 78 Del. Laws, c. 13, §  55;
16 DE Code § 4759. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4759. Registrant crimes.

§ 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 by the person's registration or to distribute or dispense a controlled substance not authorized by the person's registration to another registrant or other authorized person; (3) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this chapter; or (4) To refuse an entry into any premises for any inspection authorized by this chapter. (b) Any person who violates paragraph (a)(1), (a)(2), or (a)(4) of this section shall be guilty of a class F felony. Any person who violates paragraph (a)(3) of this section shall be guilty of a class A misdemeanor. 16 Del. C. 1953, §  4755;  58 Del. Laws, c. 424, §  1;  65 Del. Laws, c. 500, §  1;  67 Del. Laws, c. 130, §  9;  67 Del. Laws, c. 350, §  18;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 13, §  46;
16 DE Code § 4760. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4760. Maintaining a drug property; class F felony.

§ 4760. Maintaining a drug property; class F felony. Any person who is the owner, landlord, or tenant of a property, including a dwelling, a building, a store or a business, and who knowingly consents to the use of the property by another for the manufacture of, delivery of, or possession with the intent to manufacture or deliver, controlled substances, shall be guilty of a class F felony. 78 Del. Laws, c. 13, §  56;
16 DE Code § 4760A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4760A. Operating or attempting to operate clandestine laboratories; cleanup; penalties.

§ 4760A. Operating or attempting to operate clandestine laboratories; cleanup; penalties. (a) Any person who knowingly operates or attempts to operate a clandestine laboratory is guilty of a class C felony. (b) Any person convicted of a violation of subsection (a) of this section shall be responsible for all reasonable costs, if any, associated with remediation of the site of the clandestine laboratory and any costs associated with the cleanup of any substances or materials or hazardous waste, and for the cleanup of any other site resulting from the operation or disposal of substances or materials from a clandestine laboratory. (c) Definitions. — As used in this section, the following words and phrases shall have the meanings given to them in this subsection:  (1) “Clandestine laboratory” means any property, real or personal, on or in which a person assembles any chemicals or equipment or combination thereof which are intended to be used to or have been used to unlawfully manufacture a controlled substance or other substance in violation of the provisions of this chapter. (2) “Cleanup” means any action reasonably necessary to contain, collect, control, identify, analyze, disassembly, treat, remove, or otherwise disperse any substances or materials in or from a clandestine laboratory, including those found to be hazardous waste and any contamination caused by those substances or materials. (3) “Remediation” means any emergency response, act, or process to temporarily or permanently remedy and make safe. (d) Nothing in this section shall be construed to preclude a prosecution for the same or similar activity under this chapter. 79 Del. Laws, c. 176, §  1;
16 DE Code § 4762. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4762. Hypodermic syringe or needle; delivering or possessing; disposal; exceptions.

§ 4762. Hypodermic syringe or needle; delivering or possessing; disposal; exceptions. (a) A licensed pharmacist, or pharmacist intern or pharmacy student under the supervision of a pharmacist, may provide hypodermic syringes or hypodermic needles, including pen needles in the State without a prescription, but only to persons who have attained the age of 18 years. When providing hypodermic syringes or hypodermic needles without a prescription, the pharmacist, pharmacist intern or pharmacy student must require proof of identification that validates the individual's age. (b) Every person who lawfully possesses an instrument described in subsection (a) of this section shall, before disposal, destroy such instrument in such a manner as to render it unfit for reuse in any manner. (c) [Repealed.] (d) Nothing in this section shall prohibit the delivery, furnishing, sale, purchase or possession of an instrument commonly known as a hypodermic syringe or an instrument commonly known as a hypodermic needle used or to be used solely and exclusively for treating poultry or livestock and such delivery, furnishing, sale, purchase, possession or use shall be governed by rules and regulations to be prescribed by the Department of Agriculture. (e) This section does not apply to any of the following:  (1) The sale at wholesale by pharmacies, drug jobbers, drug wholesalers, and drug manufacturers or manufacturers and dealers in surgical instruments to practitioners. (2) The furnishing or obtaining of hypodermic syringes or hypodermic needles for uses which the Secretary determines are industrial. Notwithstanding the other provisions of this section, a person may obtain such instruments, without a written order or oral order reduced to writing, for such industrial uses. (3) Any person licensed under the Delaware Board of Nursing or who is otherwise a licensed allied health professional who may provide syringes or hypodermic needles in the course of patient teaching, discharge teaching, or routine patient care to indigent clients in in-patient, out-patient, or community settings.16 Del. C. 1953, §  4757;  58 Del. Laws, c. 424, §  1;  59 Del. Laws, c. 33, §  1;  59 Del. Laws, c. 291, §  1;  60 Del. Laws, c. 583, §§  8-12;  67 Del. Laws, c. 130, §  9;  67 Del. Laws, c. 350, §§  20, 21;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 13, §  50;  79 Del. Laws, c. 66, §  1;  83 Del. Laws, c. 169, § 2;
16 DE Code § 4763. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4763. Possession of controlled substances or counterfeit controlled substances; class B misdemeanor.

§ 4763. Possession of controlled substances or counterfeit controlled substances; class B misdemeanor. (a) It shall be unlawful for any person to knowingly or intentionally possess, use, or consume a controlled substance or a counterfeit controlled substance (except a controlled substance or counterfeit controlled substance classified in § 4714(d)(19) of this title) unless:  (1) The possession, use or consumption of such substance was by a person who obtained the substance directly from or pursuant to, a lawful prescription or order; or (2) The possession or transfer of such substance was for medical or scientific use or purpose by persons included in any of the following classes, or the agents or employees of such persons, for use in the usual course of their business or profession or in the performance of their official duties:  a. Pharmacists.  b. Practitioners.  c. Persons who procure controlled substances in good faith and in the course of professional practice only, by or under the supervision of pharmacists or practitioners employed by them, or for the purpose of lawful research, teaching, or testing, and not for resale.  d. Hospitals and healthcare facilities that procure controlled substances for lawful administration by practitioners, but only for use by or in the particular hospital. e. Officers or employees of state, federal, or local governments acting in their official capacity only, or informers acting under their jurisdiction.  f. Common carriers.  g. Manufacturers, wholesalers, and distributors.  h. Law-enforcement officers for bona fide law-enforcement purposes in the course of an active criminal investigation.  (3) The possession or transfer is otherwise authorized by this chapter.  (b) Any person who violates subsection (a) of this section shall be guilty of a class B misdemeanor. (c) [Repealed.]  78 Del. Laws, c. 13, §  58;  82 Del. Laws, c. 217, § 13;
16 DE Code § 4765. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4765. Penalties under other laws are additional.

§ 4765. Penalties under other laws are additional. Any penalty imposed for violation of this chapter is in addition to and not in lieu of any civil or administrative penalty or sanction otherwise authorized by law. 16 Del. C. 1953, §  4759;  58 Del. Laws, c. 424, §  1;  78 Del. Laws, c. 13, §  45;
16 DE Code § 4768. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4768. Medical or psychiatric examination or treatment.

§ 4768. Medical or psychiatric examination or treatment. 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. 16 Del. C. 1953, §  4765;  58 Del. Laws, c. 424, §  1;  78 Del. Laws, c. 13, §   44;  82 Del. Laws, c. 217, § 12;  83 Del. Laws, c. 37, § 20;
16 DE Code § 4770. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4770. Unlawful possession, distribution, delivery, or sale of drug masking products; class B misdemeanor or class E felony.

§ 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” means a substance, including synthetic urine, designed to be added to human urine or to human hair for the purpose of defrauding an alcohol or drug urine screening test. (2) “Synthetic urine” means a substance that is designed to simulate the composition, chemical properties, physical appearance, or physical properties of human urine. (b) It is unlawful for any person to do any of the following:  (1) Possess a drug masking product. (2) Distribute, deliver, or sell a drug masking product or to possess a drug masking product with the intent to distribute, deliver, or sell the drug masking product. (c) (1) Violation of paragraph (b)(1) of this section is a class B misdemeanor. (2) Violation of paragraph (b)(2) of this section is a class E felony.82 Del. Laws, c. 146, § 1;
16 DE Code § 4771. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter V. Drug Paraphernalia|§ 4771. Drug paraphernalia [For application of this section, see 80 Del. Laws, c. 38, § 6].

§ 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 possess with intent to use, drug paraphernalia as defined in § 4701 of this title. Except that any person charged under § 4764(b) or (d) of this title, or assessed a civil penalty under § 4764(c) of this title, shall not also be charged with this offense if in possession of drug paraphernalia pertaining to the use of marijuana. (b) It is unlawful for any person to deliver, possess with intent to deliver, convert, manufacture, convey, sell or offer for sale drug paraphernalia, as defined in § 4701 of this title, knowing or under circumstances where one should reasonably know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance. (c) [Repealed.] 62 Del. Laws, c. 250, §  6;  67 Del. Laws, c. 130, §  9;  67 Del. Laws, c. 350, §  24;  73 Del. Laws, c. 359, §  1;  78 Del. Laws, c. 13, §§  62, 63;  80 Del. Laws, c. 38, §  3;  81 Del. Laws, c. 410, § 1;  82 Del. Laws, c. 217, § 17;
16 DE Code § 4772. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter V. Drug Paraphernalia|§ 4772. Consideration of factors.

§ 4772. Consideration of factors. In determining whether or not an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically-relevant factors, the following:  (1) Statements by an owner or by anyone in control of the object, concerning its use; (2) The proximity of the object, in time and space, to a direct violation of this chapter; (3) The proximity of the object to controlled substances; (4) The existence of any residue of a controlled substance on the object; (5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom the owner knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia; (6) Instructions (oral or written) provided with the object, concerning its use; (7) Descriptive materials accompanying the object which explain or depict its use; (8) National and local advertising concerning its use; (9) The manner in which the object is displayed for sale; (10) Whether or not the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; (11) Direct or circumstantial evidence of the ratio of sales of the suspect object to the total sales of the business enterprise; (12) The existence and scope of legitimate uses for the object in the community; and (13) Expert testimony concerning its use.62 Del. Laws, c. 250, §  6;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 359, §  2;
16 DE Code § 4773. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter V. Drug Paraphernalia|§ 4773. Exemptions.

§ 4773. Exemptions. This subchapter does not apply to any of the following:  (1) Any person authorized by local, state, or federal law to manufacture, possess, or distribute such items. (2) Any item that in the normal lawful course of business is imported, exported, transported, or sold and traditionally intended for use with tobacco products, including any pipe, paper, or accessory. (3) Testing strips to determine the presence of fentanyl or fentanyl-related substances.73 Del. Laws, c. 359, §  3;  83 Del. Laws, c. 21, § 2;