{"id":372381,"date":"2016-03-31T21:34:49","date_gmt":"2016-04-01T02:34:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-cocaine-laws.html"},"modified":"2024-10-25T07:22:56","modified_gmt":"2024-10-25T12:22:56","slug":"delaware-cocaine-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-cocaine-laws.html","title":{"rendered":"Delaware Cocaine Laws"},"content":{"rendered":"\n
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Delaware Cocaine Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Some drugs carry heavier penalties for possession. Delaware\u2019s drug possession laws mirror the federal Controlled Substances Act<\/a>. This law classifies all drugs, legal and illegal, according to their medical uses, risk of abuse, and safety.<\/p>\r\n

Schedule I drugs have no medical use and a high risk of abuse. Heroin and LSD are Schedule I narcotics. Schedule II drugs have recognized medical uses despite their risks of addiction. Cocaine and fentanyl are both Schedule II narcotics.<\/p>\r\n

In addition to drug schedules, Delaware classifies drugs according to quantity tiers<\/a>. Quantity tiers determine how much of an illegal drug is a felony, and how much is a misdemeanor. One amount of a Schedule I drug may be a Class E felony, but the same amount of a Schedule III drug may be a Class A misdemeanor.<\/p>\r\n

Delaware drug laws do not have any personal use quantity for cocaine possession. Although a few states<\/a> have decriminalized small quantities of cocaine, Delaware is not one. Delaware has mandatory minimums for possession for sale and sale to minors.<\/p>\r\n

Cocaine Statutes in Delaware<\/b><\/h2>\r\n

Delaware has stiff penalties for cocaine possession. This is true for small amounts as well. The table below shows charges and sanctions for possession of cocaine.<\/p>\r\n\r\n

 <\/p>\r\n<\/th>\r\n

 <\/p>\r\n<\/td>\r\n

Charge<\/b><\/p>\r\n<\/td>\r\n

Penalty<\/b><\/p>\r\n<\/td>\r\n<\/tr>

Tier 3<\/b><\/a><\/p>\r\n

\u00a7 4751C<\/span><\/p>\r\n

 <\/b><\/p>\r\n<\/th>\r\n

25 grams of cocaine<\/p>\r\n

5 grams of heroin<\/p>\r\n

25 grams of methamphetamine<\/p>\r\n

50 mg of LSD<\/p>\r\n<\/td>\r\n

Possession<\/p>\r\n

Possession with intent to sell or manufacture<\/p>\r\n<\/td>\r\n

Class B felony<\/a><\/p>\r\n

Two to 25 years imprisonment<\/p>\r\n<\/td>\r\n<\/tr>

Tier 2<\/b><\/a><\/p>\r\n<\/td>\r\n

10 grams of cocaine<\/p>\r\n

2 grams of heroin<\/p>\r\n

10 grams of methamphetamine<\/p>\r\n

5 mg of LSD<\/p>\r\n

6 grams of any Schedule II or Schedule III narcotic<\/p>\r\n<\/td>\r\n

Possession with intent to sell or manufacture plus aggravating factor<\/p>\r\n<\/td>\r\n

Class B felony<\/a><\/p>\r\n

Two to 25 years imprisonment<\/p>\r\n<\/td>\r\n<\/tr>

Possession of any controlled substance to sell or manufacture<\/span><\/p>\r\n<\/th>\r\n

Class C felony<\/a><\/p>\r\n

One to 15 years imprisonment<\/p>\r\n<\/td>\r\n<\/tr>

Possession of any controlled substance<\/span><\/p>\r\n<\/th>\r\n

Class E felony<\/a><\/p>\r\n

One to five years imprisonment<\/p>\r\n<\/td>\r\n<\/tr>

Tier 1<\/b><\/a><\/p>\r\n<\/td>\r\n

5 grams of cocaine<\/p>\r\n

1 gram of heroin<\/p>\r\n

5 grams of methamphetamine<\/p>\r\n

2.5 mg of LSD<\/p>\r\n

3 grams of any Schedule II or Schedule III narcotic<\/p>\r\n<\/td>\r\n

Dealing resulting in death<\/p>\r\n<\/td>\r\n

Class B felony<\/a><\/p>\r\n

two to 25 years imprisonment<\/p>\r\n<\/td>\r\n<\/tr>

Possession of any controlled substance<\/span><\/p>\r\n<\/th>\r\n

Class G felony<\/a><\/p>\r\n

Up to two years imprisonment<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Drug Paraphernalia<\/b><\/p>\r\n

Drug paraphernalia is any item used to ingest, grow, or package any unlawful narcotic. Possession of drug paraphernalia<\/a> is a Class B misdemeanor. Delivery or sale of paraphernalia is a Class G felony.<\/p>\r\n

Courts define paraphernalia by its use and proximity to narcotics. An ordinary item is considered paraphernalia if found in connection with illegal drugs. For instance, a straw is legal when used to drink soda, but illegal when used to snort cocaine.<\/p>\r\n

Possession Charges Related to Minors<\/b><\/p>\r\n

All drug charges become more serious when they involve children. One aggravating factor in drug and paraphernalia sales is if they take place on school property or within a protected school zone.<\/p>\r\n

Drug Court<\/b><\/p>\r\n

Delaware has a statutory drug court<\/a>. For offenders who have not committed any previous drug offenses, the First Offenders Controlled Substances Diversion Program<\/a> is available. Offenders charged with drug dealing or drug dealing resulting in death<\/a> do not qualify for diversion. Those who qualify must complete community service, drug rehabilitation, and other probation requirements.<\/p>\r\n

Those who complete their diversion may have their criminal record expunged. Failing to complete drug court results in jail time and a felony record.<\/p>\r\n

Get Legal Advice From a Delaware Criminal Defense Lawyer<\/b><\/h2>\r\n

Possession of cocaine is a serious offense. If you\u2019re facing drug possession charges, talk with a Delaware drug crime lawyer<\/a>. They’ll examine your drug case, explain your options, and stand with you in court.<\/p>\r\n

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