reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 43. SOFT DRINKS AND NONALCOHOLIC BEVERAGES › § 4309. Procedure for revocation.

§ 4309. Procedure for revocation.
Before revoking any license the Department of Health and Social Services shall give written notice to the licensee affected, stating that it contemplates the revocation of the same and giving its reason therefor. The notice shall appoint a time of hearing before the Department of Health and Social Services or its deputies, and shall be mailed by registered mail to the licensee. On the day of hearing the licensee may present such evidence to the Department of Health and Social Services as the licensee deems fit, and after hearing all the testimony, the Department of Health and Social Services shall decide the question in such a manner as to it appears just and right.
Code 1915, §  780B;  33 Del. Laws, c. 55, §  1;  33 Del. Laws, c. 57, §  4;  34 Del. Laws, c. 69, §  1;  Code 1935, §  846;  16 Del. C. 1953, §  4309;  70 Del. Laws, c. 149, §§  184, 185;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 43. SOFT DRINKS AND NONALCOHOLIC BEVERAGES › § 4310. Appeal from Department's decision.

§ 4310. Appeal from Department's decision.
Any licensee or applicant for a license may appeal within 10 days from an adverse decision of the Department of Health and Social Services to the Superior Court of the county where the licensee or applicant resides and issue shall be framed in that Court and a trial had. The decision of the Superior Court shall be final.
Code 1915, §  780G;  33 Del. Laws, c. 55, §  1;  33 Del. Laws, c. 57, §  4;  34 Del. Laws, c. 69, §  1;  Code 1935, §  847;  16 Del. C. 1953, §  4310;  70 Del. Laws, c. 149, §  186;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 43. SOFT DRINKS AND NONALCOHOLIC BEVERAGES › § 4312. Artificial sweeteners.

§ 4312. Artificial sweeteners.
The Department of Health and Social Services shall have authority to approve artificial sweeteners for use in carbonated beverages. Such approval shall be in writing and the Department of Health and Social Services will publish a list of such approved artificial sweeteners. Bottles or other containers filled with carbonated beverage to which artificial sweetener approved by the Department of Health and Social Services has been added shall be labeled “DIETETIC.” The label of each container shall also have printed thereon the name of the artificial sweetener used and the amount of the same which has been added.
Code 1915, §  780H;  33 Del. Laws, c. 55, §  1;  Code 1935, §  848;  16 Del. C. 1953, §  4312;  49 Del. Laws, c. 122;  50 Del. Laws, c. 271, §  1;  70 Del. Laws, c. 149, §§  188, 189;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 43. SOFT DRINKS AND NONALCOHOLIC BEVERAGES › § 4313. Ingredients of beverage.

§ 4313. Ingredients of beverage.
(a) All soft drinks or other nonalcoholic beverages, except nonalcoholic fruit juices, shall consist of a beverage made from pure cane or beet sugar syrup or such other sweetening liquids or substances as shall be permitted by the regulations of the Department of Health and Social Services, containing pure flavoring material with or without added fruit acid, and with or without added color.
(b) Nothing in this chapter shall prohibit the use of any other harmless ingredient in the manufacture of soft drinks or other nonalcoholic beverages.
(c) This section shall not apply to nonalcoholic beverages, made in imitation of beer, bitter drinks and other similar drinks.
(d) When artificial coal tar colors are used nothing but the certified colors as approved by the federal government are permissible.
Code 1915, §  780I;  33 Del. Laws, c. 55, §  1;  33 Del. Laws, c. 57, §  4;  34 Del. Laws, c. 69, §  1;  Code 1935, §  849;  16 Del. C. 1953, §  4313;  70 Del. Laws, c. 149, §  190;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 43. SOFT DRINKS AND NONALCOHOLIC BEVERAGES › § 4314. Information on caps or labels.

§ 4314. Information on caps or labels.
If any drink product as defined in § 4311(1) of this title contains artificial color or flavor, such fact shall be put on the cap or label. Such cap or label shall also bear the name and address of the bottler or manufacturer of such product, except that where the name of the bottler or manufacturer of such product has been blown in the bottle or other container, the bottler or manufacturer shall be exempt from putting the name and address of the bottler or manufacturer of such product on the cap itself.
Code 1915, §  780L;  35 Del. Laws, c. 52, §  4;  Code 1935, §  851;  16 Del. C. 1953, §  4314;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 43. SOFT DRINKS AND NONALCOHOLIC BEVERAGES › § 4315. Using containers bearing another's label or name.

§ 4315. Using containers bearing another's label or name.
No person shall fill or refill any glass, jar, bottle or any other container with soda water, mineral water or any other drink or fluid, with intent to sell or vend such water, drink or fluid, which bears the label of any other person or which has blown in such glass, bottle or other container the name of any person without the consent of such person.
Code 1915, §  780C;  33 Del. Laws, c. 55, §  1;  35 Del. Laws, c. 52, §  3;  Code 1935, §  843;  16 Del. C. 1953, §  4315;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 43. SOFT DRINKS AND NONALCOHOLIC BEVERAGES › § 4316. Exemption of soda fountains.

§ 4316. Exemption of soda fountains.
This chapter shall not apply to persons operating a soda fountain, if the soft drinks there manufactured are used on the premises.
Code 1915, §  780K;  33 Del. Laws, c. 55, §  1;  Code 1935, §  850;  16 Del. C. 1953, §  4316;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 43. SOFT DRINKS AND NONALCOHOLIC BEVERAGES › § 4317. Penalties.

§ 4317. Penalties.
Whoever violates this chapter shall be fined not less than $50 nor more than $100.
Code 1915, §  780M;  37 Del. Laws, c. 61, §  2;  Code 1935, §  852;  16 Del. C. 1953, §  4317;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter II. Standards and Schedules › § 4711. Administration.

§ 4711. Administration.
The Secretary shall administer this chapter. Except as otherwise provided in this chapter, the Secretary may delete or reschedule substances enumerated in the schedules of controlled substances only if:
(1) Such substances have been deleted from or rescheduled within the federal schedules of controlled substances by the Attorney General of the United States pursuant to 21 USC § 811, et seq.; and
(2) The findings required by this chapter for placement of substances in the schedules of controlled substances have been made.
16 Del. C. 1953, §  4711;  58 Del. Laws, c. 424, §  1;  60 Del. Laws, c. 583, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter II. Standards and Schedules › § 4712. Nomenclature.

§ 4712. Nomenclature.
The controlled substances listed or to be listed in the schedules in §§ 4714, 4716, 4718, 4720 and 4722 of this title are included by whatever official, common, usual, chemical or trade name designated.
16 Del. C. 1953, §  4712;  58 Del. Laws, c. 424, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter II. Standards and Schedules › § 4713. Schedule I tests.

§ 4713. Schedule I tests.
The Secretary shall place a substance in Schedule I if the Secretary finds that the substance:
(1) Has high potential for abuse; and
(2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
16 Del. C. 1953, §  4713;  58 Del. Laws, c. 424, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter II. Standards and Schedules › § 4715. Schedule II tests.

§ 4715. Schedule II tests.
The Secretary shall place a substance in Schedule II if the Secretary finds that:
(1) The substance has high potential for abuse;
(2) The substance has currently accepted medical use in treatment in the United States or currently accepted medical use with severe restrictions; and
(3) The abuse of the substance may lead to severe psychic or physical dependence.
16 Del. C. 1953, §  4715;  58 Del. Laws, c. 424, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter II. Standards and Schedules › § 4717. Schedule III tests.

§ 4717. Schedule III tests.
The Secretary shall place a substance in Schedule III if the Secretary finds that:
(1) The substance has a potential for abuse less than the substances listed in Schedules I and II;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
16 Del. C. 1953, §  4717;  58 Del. Laws, c. 424, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter II. Standards and Schedules › § 4719. Schedule IV tests.

§ 4719. Schedule IV tests.
The Secretary shall place a substance in Schedule IV if the Secretary finds that:
(1) The substance has a low potential for abuse relative to substances in Schedule III;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.
16 Del. C. 1953, §  4719;  58 Del. Laws, c. 424, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter II. Standards and Schedules › § 4720. Schedule IV.

§ 4720. Schedule IV.
(a) The controlled substances listed in this section are included in Schedule IV.
(b) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(1) Barbital;
(2) Chloral betaine;
(3) Chloral hydrate;
(4) Ethchlorvynol;
(5) Ethinamate;
(6) Methohexital;
(7) Meprobamate;
(8) Methylphenobarbital;
(9) Paraldehyde;
(10) Petrichloral;
(11) Phenobarbital;
(12) Mebutamate; and
(13) Zolpidem.
(c) The Secretary may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (b) or subsection (l) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains 1 or more active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantities, proportions, or concentrations that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.
(d) Fenfluramine.
(e) Dextropropoxyphene, and any compound, mixture or preparation which contains any of this substance, including its salts.
(f) Phentermine and any compound, mixture or preparation which contains any of this substance, including its salts.
(g) Pentazocine, and any material, compound, mixture or preparation which contains any of this substance.
(h) Diethylpropion.
(i) Pemoline (including organometallic complexes and chelates thereof).
(j) A compound mixture or preparation containing not more than 1 milligram of Difenoxin and not less than 25 micrograms of Atropine Sulfate per dosage unit.
(k) Mazindol.
(l) Any material, compound, mixture, or preparation that contains benzodiazepine, including all of the following:
(1) Adinazolam.
(2) Alprazolam.
(3) Brotizolam.
(4) Chlordiazepoxide.
(5) Clonazepam.
(6) Clonazolam.
(7) Clorazepate.
(8) Deschloroetizolam.
(9) Diazepam.
(10) Diclazepam.
(11) Etizolam.
(12) Flualprazolam.
(13) Flubromazepam.
(14) Flubromazolam.
(15) Flunitrazepam.
(16) Flunitrazolam.
(17) Flurazepam.
(18) Halazepam.
(19) Lorazepam.
(20) Meclonazepam.
(21) Metizolam.
(22) Midazolam.
(23) Nifoxipam.
(24) Nitrazolam.
(25) Oxazepam.
(26) Phenazepam.
(27) Prazepam.
(28) Pyrazolam.
(29) Temazepam.
(30) Triazolam.
(31) Quazepam.
(32) Zapizolam.
16 Del. C. 1953, §  4720;  58 Del. Laws, c. 424, §  1;  71 Del. Laws, c. 295, §  2;  82 Del. Laws, c. 55, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter II. Standards and Schedules › § 4721. Schedule V tests.

§ 4721. Schedule V tests.
The Secretary shall place a substance in Schedule V if the Secretary finds that:
(1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.
16 Del. C. 1953, §  4721;  58 Del. Laws, c. 424, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter II. Standards and Schedules › § 4722. Schedule V.

§ 4722. Schedule V.
(a) The controlled substances listed in this section are included in Schedule V.
(b) Any compound, mixture or preparation containing limited quantities of any of the following narcotic drugs, which also contains 1 or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1) Not more than 200 milligrams of codeine or any of its salts per 100 milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine or any of its salts per 100 milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine or any of its salts per 100 milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; and
(6) Not more than 0.5 milligram and no less than 24 micrograms of atropine sulfate per dosage unit.
(c) Buprenorphine and its salts.
16 Del. C. 1953, §  4722;  58 Del. Laws, c. 424, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances › § 4731. Rules; fees; Controlled Substance Advisory Committee.

§ 4731. Rules; fees; Controlled Substance Advisory Committee.
(a) The Secretary may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this State.
(b) The Secretary shall appoint a council to act in an advisory capacity to the Secretary and other state agencies on all matters relating to this chapter. The advisory council shall be named the Controlled Substance Advisory Committee and may serve as the Secretary's designee in any hearing under this chapter.
16 Del. C. 1953, §  4731;  58 Del. Laws, c. 424, §  1;  79 Del. Laws, c. 164, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances › § 4733. Registration; rights of registrants.

§ 4733. Registration; rights of registrants.
(a) The Secretary shall register an applicant as a pharmacy, distributor, manufacturer, practitioner, researcher or other controlled substance registrant for purposes of manufacturing, distributing or dispensing, some or all of the controlled substances included in Schedules I-V who has an active, relevant underlying professional license in the State unless the Secretary determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the Secretary shall consider the following factors:
(1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels;
(2) Compliance with applicable federal, state and local law, including but not limited to such requirements as having a license to practice as a practitioner or having documented training and continuing education as a drug detection animal trainer;
(3) Any convictions of the applicant under any federal and state laws relating to any controlled substance;
(4) Past experience in the manufacture or distribution of controlled substances and the existence in the applicant's establishment of effective controls against diversion;
(5) Furnishing by the applicant of false or fraudulent material in any application filed under this chapter;
(6) Suspension or revocation of the applicant's federal registration to manufacture, distribute, prescribe, dispense or research controlled substances as authorized by federal law;
(7) Any professional license disciplined in any jurisdiction; and
(8) Any other factors relevant to the public interest.
(b) Registration under subsection (a) does not entitle a registrant to manufacture, research and distribute controlled substances in Schedule I or II other than those specified in the registration.
(c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V if they are authorized to dispense or conduct research under the law of this State. The Secretary need not require separate registration under this subchapter for practitioners engaging in research with nonnarcotic controlled substances in Schedules II through V where the registrant is already registered under this subchapter in another capacity. Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this State upon furnishing the Secretary evidence of that federal registration.
(d) Compliance by manufacturers and distributors with the federal law respecting registration (excluding fees) entitles them to be registered under this chapter.
16 Del. C. 1953, §  4733;  58 Del. Laws, c. 424, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 288, §  8;  79 Del. Laws, c. 164, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances › § 4734. Denial, revocation and suspension of registration; order to show cause proceedings before the Secretary.

§ 4734. Denial, revocation and suspension of registration; order to show cause proceedings before the Secretary.
(a) A registration under § 4733 of this title may be denied, suspended or revoked by the Secretary upon a finding that the registrant's DEA registration or underlying practitioner license has been suspended or revoked, or the registrant has failed to comply with any mandatory continuing education requirements established by the Secretary's rules.
(b) Before denying, suspending or revoking a registration, the Secretary shall serve upon the applicant or registrant an order to show cause why registration should not be denied, suspended or revoked. The order to show cause shall contain a statement of the basis therefore and shall call upon the applicant or registrant to appear before the Secretary at a time and place not more than 30 days after the date of service of the order. Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing.
16 Del. C. 1953, §§  4734, 4735;  58 Del. Laws, c. 424, §  1;  60 Del. Laws, c. 583, §  4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 88, §  9;  79 Del. Laws, c. 164, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances › § 4735. Investigations; written complaints; grounds for limitation, suspension or revocation of registration.

§ 4735. Investigations; written complaints; grounds for limitation, suspension or revocation of registration.
(a) All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29, and the Division of Professional Regulation shall be responsible for issuing a final written report at the conclusion of its investigation.
(b) The Secretary, after due notice and hearing may limit, suspend, fine or revoke the registration of any registrant who:
(1) Has failed to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels;
(2) Has failed to comply with applicable federal, state or local law;
(3) Has been convicted under any federal or state law relating to any controlled substances;
(4) Has furnished any false or fraudulent material in any application filed under this chapter;
(5) Has had any federal registration to manufacture, distribute, prescribe, dispense or research controlled substances as authorized by federal law suspended or revoked;
(6) Has violated a provision of this chapter, or violated an order or rule of the Secretary related to controlled substances;
(7) Has been disciplined by a professional licensing board in any jurisdiction; or
(8) Has engaged in any conduct the Secretary finds to be relevant and inconsistent with the public interest.
(c) The Secretary may limit revocation or suspension of a registration to particular controlled substances.
(d) The Secretary may fine any registrant in an amount not to exceed $1,000 per violation of this chapter or the rules promulgated hereunder.
(e) If the Secretary suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court upon application therefore orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the State.
(f) The Secretary shall promptly notify the Administration of all orders suspending or revoking registration and all forfeitures of controlled substances.
16 Del. C. 1953, §  4735;  58 Del. Laws, c. 424, §  1;  60 Del. Laws, c. 583, §  5;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 164, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances › § 4736. Hearings before the Secretary; subpoenas; judicial review.

§ 4736. Hearings before the Secretary; subpoenas; judicial review.
(a) Any registrant complained against under this chapter may appear personally or by counsel at the hearing and produce any competent evidence on the registrant's behalf in answer to the complaint. Hearings shall be conducted in accordance with the Administrative Procedures Act [Chapter 101 of Title 29]. The Secretary shall be authorized to administer oaths, examine witnesses and issue notices of hearings or subpoenas requiring the testimony of witnesses and the production of books, records or other documents relevant to any matter involved in such hearing, and subpoenas shall also be issued at the request of the applicant or person complained against. In case of contumacy or refusal to obey a notice of hearing or subpoena under this section, the Superior Court in the county in which the hearing is held shall have jurisdiction, upon application of the Secretary to issue an order requiring such person to appear and testify or produce evidence as the case may require.
(b) Any registrant aggrieved by a decision of the Secretary to deny, suspend, limit, revoke or refuse to renew registration under this chapter may appeal such decision to Superior Court. Such appeal shall be governed by the Administrative Procedures Act. When notified of an appeal under this section, the Secretary shall forward to Superior Court a certified and complete copy of the written transcripts of evidence adduced at the hearing before the Secretary together with a written copy of the Secretary's findings and rulings and the Secretary's reasons therefor.
16 Del. C. 1953, §  4735;  58 Del. Laws, c. 424, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 164, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances › § 4737. Temporary suspension.

§ 4737. Temporary suspension.
(a) In the event of a formal or informal complaint concerning the activity of a registrant that alleges an imminent danger to the public health, safety or welfare, the Secretary may temporarily suspend any registration, pending a hearing, by written order. An order temporarily suspending a registration may not be issued unless the registrant or the registrant's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the registrant or the registrant's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended registrant requests a continuance of the hearing date. If the temporarily suspended registrant requests a continuance, the order of temporary suspension remains in effect until the conclusion of all proceedings.
(b) A registrant whose registration has been temporarily suspended pursuant to this section must be notified of the temporary suspension immediately and in writing. Notification consists of a copy of the complaint and the order of temporary suspension pending a hearing personally served upon the registrant or registrant's counsel or sent by certified mail, return receipt requested, to the registrant's last known address. The Secretary will hold a hearing on the complaint giving rise to the temporary suspension within 60 days of the date of the issuance of the order of temporary suspension.
(c) A registrant whose registration has been temporarily suspended pursuant to this section may request an expedited hearing. The Secretary shall schedule the hearing within 15 days of receipt of any expedited hearing request, provided that the request is received within 5 calendar days from the date the registrant received notification of the decision to temporarily suspend the registration.
79 Del. Laws, c. 164, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances › § 4738. Records of registrants; order forms.

§ 4738. Records of registrants; order forms.
(a) Persons registered to prescribe, manufacture, distribute or dispense controlled substances under this chapter shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal and state law and with any rules the Secretary issues.
(b) Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with federal law respecting order forms shall be deemed compliance with this section.
16 Del. C. 1953, §§  4736, 4737;  58 Del. Laws, c. 424, §  1;  60 Del. Laws, c. 583, §  5;  79 Del. Laws, c. 164, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances › § 4739. Prescriptions [For application of the section, see 79 Del. Laws, c. 409, § 3].

§ 4739. Prescriptions [For application of the section, see 79 Del. Laws, c. 409, § 3].
(a) Except when dispensed directly by a practitioner other than a pharmacy to an ultimate user, no controlled substance in Schedule II may be dispensed without the written prescription of a practitioner.
(b) In emergency situations, as defined by rule of the Secretary, Schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of this chapter. No prescription for a Schedule II substance may be refilled.
(c) Except when dispensed directly by a practitioner other than a pharmacy to an ultimate user, a controlled substance included in Schedule III or IV which is a prescription drug shall not be dispensed without a written or oral prescription of a practitioner. The prescription shall not be filled or refilled more than 6 months after the date thereof or be refilled more than 5 times, unless renewed by the practitioner.
(d) A controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose.
(e) An ultimate user shall be permitted to prohibit or limit a person other than the ultimate user from receiving a prescription on the ultimate user's behalf from a pharmacy.
16 Del. C. 1953, §  4738;  58 Del. Laws, c. 424, §  1;  60 Del. Laws, c. 583, §  5;  79 Del. Laws, c. 164, §  1;  79 Del. Laws, c. 409, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances › § 4739A. Practitioners.

§ 4739A. Practitioners.
Except for pharmacies, opioid treatment programs (also known as methadone clinics), veterinarians and persons licensed, registered, or otherwise authorized to conduct research, no practitioner shall dispense controlled substances beyond the amount deemed medically necessary for a 72-hour supply.
79 Del. Laws, c. 92, §  2;  80 Del. Laws, c. 5, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances › § 4740A. Sale of dextromethorphan.

§ 4740A. Sale of dextromethorphan.
(a) Age limit on sale of dextromethorphan. — (1) No commercial entity shall knowingly or wilfully sell or trade a finished drug product containing any quantity of dextromethorphan to a person less than 18 years of age.
(2) No person who is less than 18 years of age shall purchase a finished drug product containing any quantity of dextromethorphan.
(3) Any person making a retail sale of a finished drug product containing any quantity of dextromethorphan shall require and obtain proof of age from the purchaser before completing the sale, unless from the purchaser's outward appearance the person making the sale would reasonably presume the purchaser to be at least 25 years of age.
(b) Limitations. — (1) Nothing in this section shall be construed to impose any compliance requirement on a retail entity other than manually obtaining and verifying proof of age as a condition of sale, including placement of products in a specific place within a store, restrictions on a consumer's direct access to finished drug products, and maintenance of transaction records.
(2) This section shall not apply to a medication containing dextromethorphan that is sold pursuant to a valid prescription.
(c) Penalties. — Any manufacturer, distributor, retailer, or wholesaler that sells or trades dextromethorphan in violation of this section shall receive a warning letter from the Office of Controlled Substances for the first violation and thereafter be subject to a civil penalty issued by the Office of Controlled Substances in the amount of:
(1) Not more than $150 for a second violation; or
(2) Not more than $250 for a third or any subsequent violations.
80 Del. Laws, c. 264, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances › § 4740B. Use, distribution and education concerning benzodiazepine and non-benzodiazepine hypnotics.

§ 4740B. Use, distribution and education concerning benzodiazepine and non-benzodiazepine hypnotics.
(a) Obligations of the Secretary. —
The Secretary shall produce and distribute either in written or electronic form to pharmacies, not including institutional pharmacies, pamphlets for consumers relative to benzodiazepines and non-benzodiazepine hypnotics that includes educational information about:
(1) Misuse and abuse by adults and children;
(2) Risk of dependency and addiction;
(3) Proper storage and disposal;
(4) Addiction support and treatment resources; and
(5) A telephone helpline.
A pharmacist shall distribute the pamphlet when dispensing a benzodiazepines or a non-benzodiazepine hypnotic.
(b) Duties of practitioners. —
No practitioner shall prescribe a benzodiazepine or a non-benzodiazepine hypnotic to a minor without first obtaining a parent or guardian's written informed consent except in the case of emergency treatment or for treatment associated with neuromuscular disabilities. The Secretary shall prescribe a form for physicians to use in obtaining such consent. The form shall be written in a manner designed to permit a person unfamiliar with medical terminology to understand its purpose and content, and shall include the following information:
(1) Misuse and abuse by adults and children;
(2) Risk of dependency and addiction;
(3) Possible life threatening risks of minors using the drug for the first time; and
(4) Risks associated with long-term use of drugs.
81 Del. Laws, c. 410, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter III-A. Safe Internet Pharmacy Act › § 4742. Legislative findings and intent; construction of this subchapter.

§ 4742. Legislative findings and intent; construction of this subchapter.
The General Assembly has determined that the sale and delivery of prescription drugs by internet sites which are not licensed pharmacies and which dispense prescription drugs to patients without the existence of a bona fide patient-practitioner relationship constitutes an extreme danger to the safety and welfare of Delaware residents. The General Assembly has also determined that existing laws are not sufficiently punitive to deter these internet sites, and the unscrupulous practitioners and pharmacists who help them, from unlawfully selling and delivering prescription drugs to the residents of this State. The intent of this subchapter is to completely stop these rogue internet pharmacies from delivering prescription drugs into this State and, therefore, the provisions of this subchapter shall be liberally construed to effect its remedial purpose.
76 Del. Laws, c. 410, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter III-A. Safe Internet Pharmacy Act › § 4743. Definitions.

§ 4743. Definitions.
The following definitions shall be applicable to this subchapter:
(1) “Board” means the Delaware State Board of Pharmacy;
(2) “Delaware patient” means any person residing within or outside of this State who requests an internet pharmacy deliver a prescription drug order to a location within this State;
(3) “Electronic mail” or “e-mail” shall mean any message transmitted through the Internet including, but not limited to, messages transmitted to or from any address affiliated with an internet site;
(4) “Internet” means collectively the international network of interconnected government, educational and commercial computer networks, including equipment and operating software;
(5) “Internet pharmacy” means any person or entity maintaining an internet site which solicits or receives, or offers to solicit or receive, prescription drug orders to be dispensed and delivered to patients, including Delaware patients, by means of the United States Postal Service or any other delivery service. The term “internet pharmacy” does not include a pharmacy which has been issued a valid permit or license by the Board;
(6) “Internet site” means a specific location on the internet that is determined by internet protocol numbers, domain name, or both, including, but not limited to, domain names that use the designations “.com,” “.edu,” “.gov,” “.net” and “.org.”
(7) “Licensed Delaware pharmacist” means a pharmacist licensed by the Board to engage in the practice of pharmacy in this State;
(8) “Link,” with respect to the Internet, means 1 or more letters, words, numbers, symbols, or graphic items that appear on a page of an internet site for the purpose of serving, when activated, as a method for executing an electronic command:
a. To move from viewing 1 portion of a page on such site to another portion of the page; or
b. To move from viewing 1 page on such site to another page on such site; or
c. To move from viewing a page on 1 internet site to a page on another internet site.
76 Del. Laws, c. 410, §  1;  78 Del. Laws, c. 13, §§  30, 31;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter III-A. Safe Internet Pharmacy Act › § 4745. Seizure of unlawfully delivered prescription drugs.

§ 4745. Seizure of unlawfully delivered prescription drugs.
(a) Any prescription drug which is ordered, sold, dispensed or delivered in violation of this subchapter is hereby declared to be contraband and may be seized by any peace officer authorized to enforce the provisions of this subchapter.
(b) Any prescription drugs seized pursuant to this subchapter shall be subject to forfeiture pursuant to the provisions and procedures set forth in § 4784 of this title.
76 Del. Laws, c. 410, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter IV. Offenses and Penalties › § 4750. State-legal marijuana activities.

§ 4750. State-legal marijuana activities.
The offenses and penalties provided for in this chapter do not apply to marijuana-related conduct allowed under the Delaware Medical Marijuana Act, Chapter 49A of this title or the Delaware Marijuana Control Act, Chapter 13 of Title 4.
84 Del. Laws, c. 24, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter IV. Offenses and Penalties › § 4751A. Aggravating factors related to drug offenses.

§ 4751A. Aggravating factors related to drug offenses.
For the purposes of this subchapter:
(1) Each of the following is an “aggravating factor” within the meaning of the offenses in this subchapter:
a. The offense was committed within a protected school zone, as defined in § 4701 of this title.
b.-d. [Repealed.]
e. The defendant, during or immediately following the commission of any offense in this did 1 of the following:
1. Intentionally prevented or attempted to prevent a law-enforcement officer, as defined in § 222 of Title 11, from effecting an arrest or detention of the defendant by use of force or violence towards the law-enforcement officer.
2. Intentionally fled in a vehicle from a law-enforcement officer, as defined in § 222 of Title 11, while the law-enforcement officer was effecting an arrest or detention of the defendant, thereby creating a substantial risk of physical injury to other persons.
(2) When a defendant is alleged to have committed an offense under this subchapter with an aggravating factor under paragraph (1)e.1. of this section, the defendant may be charged with resisting arrest under § 1257 of Title 11 or the offense to which the aggravating factor applies, but not both.
(3) For an aggravating factor under paragraph (1)a. of this section to be charged, a defendant must commit the conduct of an offense under this subchapter in a protected school zone. The aggravating factor under paragraph (1)a. of this section may not be charged if a defendant commits the conduct of an offense under this subchapter outside a protected school zone but is arrested in a protected school zone.
78 Del. Laws, c. 13, §  33;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 217, § 2;  83 Del. Laws, c. 246, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter IV. Offenses and Penalties › § 4751D. Knowledge of weight or quantity not an element of the offense; proof of weight or quantity.

§ 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 weight or quantity of a controlled substance is an element of the offense, the State need not prove that the defendant had any knowledge as to the weight or quantity of the substance possessed. The State need only prove that the defendant knew that the substance was possessed; and, that the substance was that which is alleged, and that the substance weighed a certain amount or was in a certain quantity.
(b) In any prosecution under this subchapter, in which the quantity of a controlled substance is an element of the offense, and the controlled substance is alleged to be a “prescription drug'' as defined in § 4701 of this title, and the alleged prescription drug consists of multiple doses that appear to be substantially identical, evidence that a chemist or other qualified witness properly tested one dose, and found the presence of a controlled substance, shall be prima facie evidence that the “substantially identical doses'' each contained the controlled substance that is a prescription drug for purposes of determining whether the State has proven the number of doses constituting the Tier quantities set forth in § 4751C(2)j. or (3)j. of this title. Nothing in this subsection precludes the right of any party to introduce any evidence supporting or contradicting evidence offered pursuant to this subsection.
(c) The identity or composition of a controlled substance, or a mixture containing a controlled substance, may be established by utilizing a hypergeometric sampling plan or other scientifically accepted methodology.
78 Del. Laws, c. 13, §  36;  80 Del. Laws, c. 38, §  1;  80 Del. Laws, c. 264, §  1;  82 Del. Laws, c. 217, § 5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter IV. Offenses and Penalties › § 4752. Drug dealing or possession; class B felony.

§ 4752. Drug dealing or possession; class B 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 3 quantity.
(2) Possess a controlled substance in a Tier 3 quantity.
(3) Manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance in a Tier 2 quantity and an aggravating factor applies.
(b) Violation of subsection (a) of this section is a class B felony.
78 Del. Laws, c. 13, §  38;  82 Del. Laws, c. 217, § 6;
2023 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;
2023 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 felony
78 Del. Laws, c. 13, §   40;  82 Del. Laws, c. 217, § 7;
2023 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;
2023 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;