reglab/statecodes huggingface dataset:
2023 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(2) [Repealed.]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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter IV. Offenses and Penalties › § 4764A. Legal marijuana-related activity.

§ 4764A. Legal marijuana-related activity.
(a) For purposes of this section, “adult sharing” means transferring marijuana between persons who are 21 years of age or older without remuneration. “Adult sharing” does not include instances in which:
(1) Marijuana is given away contemporaneously with another reciprocal transaction between the same parties;
(2) A gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services; or
(3) A gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.
(b) Notwithstanding any other provision of this chapter, no civil or criminal penalty may be imposed, nor may criminal or civil asset forfeiture be pursued, for any of the following activities by an individual 21 years of age or older:
(1) Adult sharing of a personal use quantity or less of marijuana.
(2) Possessing, using, displaying, purchasing, or transporting marijuana accessories or a personal use quantity or less of marijuana outside of a motor vehicle.
(3) Possessing and transporting marijuana accessories or a personal use quantity or less of marijuana, inside of a motor vehicle as long as the marijuana accessories or marijuana is in a closed container or is not readily accessible to anyone inside the motor vehicle.
(4) Assisting another individual who is 21 years of age or older in any of the acts described in paragraphs (b)(1), (b)(2), and (b)(3) of this section.
(c) The following acts remain unlawful and an offense under the law of this State:
(1) Consuming marijuana in an area accessible to the public or in a moving vehicle, as defined and punished under § 4764(d) of this title.
(2) Growing, manufacturing, selling, or cultivating marijuana without a license granted under Chapter 49A of this title or other provision of Delaware law, as defined and punished under this chapter.
(3) Unlawfully using a license or identification card as defined and punished under § 2751 of Title 21.
84 Del. Laws, c. 15, § 1;
2023 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;
2023 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;
2023 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;
2023 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.
(b) It is unlawful for any person to deliver, possess with intent to deliver, convert, manufacture, convey, sell, or offer for sale drug paraphernalia, 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) This section does not apply to items that are used, or intended primarily for use, with marijuana.
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;  83 Del. Laws, c. 283, § 22;  84 Del. Laws, c. 15, § 1;
2023 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;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter V. Drug Paraphernalia › § 4773. Exemptions [Effective until Nov. 29, 2023].

§ 4773. Exemptions [Effective until Nov. 29, 2023].
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;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter V. Drug Paraphernalia › § 4773. Exemptions [Effective Nov. 29, 2023; Effective until Nov. 29, 2024].

§ 4773. Exemptions [Effective Nov. 29, 2023; Effective until Nov. 29, 2024].
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) A drug-testing strip as defined under § 2226 of this title.
73 Del. Laws, c. 359, §  3;  83 Del. Laws, c. 21, § 2;  84 Del. Laws, c. 170, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT › Subchapter V. Drug Paraphernalia › § 4773. Exemptions [Effective Nov. 29, 2024].

§ 4773. Exemptions [Effective Nov. 29, 2024].
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;  84 Del. Laws, c. 170, §§ 3, 5;
2023 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;
2023 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.
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 48A. Substance Abuse Rehabilitation Treatment, Education and Prevention Fund › § 4801A. Fund created.

§ 4801A. Fund created.
The General Assembly, in order to help provide funding for substance abuse rehabilitation, treatment coordination, prevention and education, hereby creates a special “Substance Abuse Rehabilitation, Treatment Coordination, Prevention and Education Fund.”
67 Del. Laws, c. 210, §  1;  68 Del. Laws, c. 443, §§  2, 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 48A. Substance Abuse Rehabilitation Treatment, Education and Prevention Fund › § 4802A. Source of funds.

§ 4802A. Source of funds.
(a) In addition to and at the same time as any fine is assessed to any criminal defendant, or juvenile adjudicated delinquent for any violations of §§ 4751-4758, 4761 or 4771-4774 of this title or § 4177 of Title 21, there shall be levied an additional penalty, in addition to the penalty assessment as provided in § 9016 of Title 11, of 15% of every fine, penalty and forfeiture imposed and collected by the courts for such criminal offenses. When a fine, penalty or forfeiture is suspended in whole or in part, the penalty assessment shall not be suspended.
(b) Upon collection of the penalty assessment, the same shall be paid over to the agency, Prothonotary or clerk of the court as the case may be, who shall collect it and transmit it to the State Treasurer to be deposited in a separate account designated “Substance Abuse Rehabilitation, Treatment, Education and Prevention Fund.”
67 Del. Laws, c. 210, §  1;  68 Del. Laws, c. 443, §§  4, 5;  69 Del. Laws, c. 131, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 48A. Substance Abuse Rehabilitation Treatment, Education and Prevention Fund › § 4803A. Use of fund.

§ 4803A. Use of fund.
(a) The State Treasurer shall have the power to invest the assets of the Substance Abuse Rehabilitation, Treatment, Education and Prevention Fund in a prudent manner. Any profits and interest from such investment shall remain in the Fund and become part of the principal thereof.
(b) The funds raised by this chapter shall be used only for the provision of and coordination of substance abuse rehabilitation treatment, education and/or prevention services and shall be administered by the permanent treatment access committee of SENTAC; provided that any expenditures therefrom must be approved by the Delaware State Clearinghouse Committee.
67 Del. Laws, c. 210, §  1;  68 Del. Laws, c. 443, §§  5, 6;