Delaware Heroin Laws

Delaware's Controlled Substances Act resembles Federal legislation for illegal drugs. Delaware law uses the same schedules for controlled substances as other states. The government categorizes drugs by their medical use, likelihood of abuse, and level of safety for drug offenses.

Schedule I drugs have no accepted medical use and a high potential for abuse. Heroin and LSD are examples of Schedule I drugs. Schedule II drugs have a high potential for abuse but have medical uses. Methamphetamine and fentanyl are on Schedule II, but the components, or "precursors," are on Schedule I.

Delaware also uses a "tier" system for possession quantities. Tier 1 is the smallest quantity, and Tier 3 is the largest. Possession of a Tier 1 quantity of a Schedule I drug may be a less serious offense than possession of a Tier 3 quantity of a Schedule III drug.

If this sounds confusing, you're not alone. Read on to learn more about Delaware state laws about heroin possession and drug laws.

Delaware Heroin Laws

Like other states, Delaware changed how law enforcement handles drug arrests. One of the country's first drug courts is the Delaware Superior Court in New Castle County. This court handles first offenses and simple possession cases. Over two years, the court has reduced recidivism by 75%.

The Delaware drug court manages first-offense cases and offenders on probation for drug charges with no minimum mandatory sentence. The First Offenders Controlled Substances Diversion Program (§4767) is codified into Delaware law.

Heroin Statutes in Delaware

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Possession of Drug Paraphernalia

Possession of drug paraphernalia, transport, manufacture, or use for sale of such items is unlawful in Delaware. The law defines paraphernalia by its proximity to the controlled substances and any other relevant factors. Delaware allows courts to consider residue as proof an item was used to ingest or manufacture narcotics.

Possession of any item of drug paraphernalia is a Class B misdemeanor. Possession for sale or distribution is a Class G felony. Advertising items for sale as drug paraphernalia is an "unclassified misdemeanor," and penalties are at the judge's discretion.

Get Legal Advice from a Delaware Criminal Defense Attorney

Just because you had prescription drugs or only enough narcotics for personal use doesn't mean you can't get arrested and charged for possession of a controlled narcotic. Selling or even giving heroin to someone under 18 years of age is an automatic prison sentence. If you are facing drug charges, you should contact an experienced Delaware drug crime attorney right away to protect your legal rights.