By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 25, 2024
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Some drugs carry heavier penalties for possession. Delaware’s drug possession laws mirror the federal Controlled Substances Act. This law classifies all drugs, legal and illegal, according to their medical uses, risk of abuse, and safety.
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.
In addition to drug schedules, Delaware classifies drugs according to quantity tiers. 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.
Delaware drug laws do not have any personal use quantity for cocaine possession. Although a few states have decriminalized small quantities of cocaine, Delaware is not one. Delaware has mandatory minimums for possession for sale and sale to minors.
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.
|
|
Charge |
Penalty |
|---|---|---|---|
|
§ 4751C
|
25 grams of cocaine 5 grams of heroin 25 grams of methamphetamine 50 mg of LSD |
Possession Possession with intent to sell or manufacture |
Two to 25 years imprisonment |
10 grams of cocaine 2 grams of heroin 10 grams of methamphetamine 5 mg of LSD 6 grams of any Schedule II or Schedule III narcotic |
Possession with intent to sell or manufacture plus aggravating factor |
Two to 25 years imprisonment |
|
Possession of any controlled substance to sell or manufacture |
One to 15 years imprisonment |
||
Possession of any controlled substance |
One to five years imprisonment |
||
5 grams of cocaine 1 gram of heroin 5 grams of methamphetamine 2.5 mg of LSD 3 grams of any Schedule II or Schedule III narcotic |
Dealing resulting in death |
two to 25 years imprisonment |
|
Possession of any controlled substance |
Up to two years imprisonment |
Drug Paraphernalia
Drug paraphernalia is any item used to ingest, grow, or package any unlawful narcotic. Possession of drug paraphernalia is a Class B misdemeanor. Delivery or sale of paraphernalia is a Class G felony.
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.
Possession Charges Related to Minors
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.
Drug Court
Delaware has a statutory drug court. For offenders who have not committed any previous drug offenses, the First Offenders Controlled Substances Diversion Program is available. Offenders charged with drug dealing or drug dealing resulting in death do not qualify for diversion. Those who qualify must complete community service, drug rehabilitation, and other probation requirements.
Those who complete their diversion may have their criminal record expunged. Failing to complete drug court results in jail time and a felony record.
Possession of cocaine is a serious offense. If you’re facing drug possession charges, talk with a Delaware drug crime lawyer. They'll examine your drug case, explain your options, and stand with you in court.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Delaware attorneys offer free consultations for Drug Crime.
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