Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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Delaware has a lot of goods moving through the state, not all of it legal. Heroin is one of the drugs authorities in the First State have long tried to keep off the streets. Due to the inherent violence surrounding heroin trafficking, distribution, and use, Delaware authorities crack down heavily on the possession and sale of the drug. This is a brief overview of heroin laws in Delaware.
The possession, sale, or trafficking of heroin is a felony in most states. Possession of a small amount of the drug can lead to severe punishments, even for juveniles. And the punishments for heroin possession go up and up with each subsequent conviction. Delaware heroin laws are similar to heroin laws in other states, going up in severity and punishment with multiple offenses.
The charges and penalties under heroin cocaine laws are listed below.
| Code Section | Tit. 16 §4701, et seq.; 4751, 4753A |
| Possession | Possession, use, consumption: Class A misdemeanor: (if applicable, can be subject to First Offenders Controlled Substances Diversion Program §4764) |
| Sale | Class C felony: $5000-$50,000; If not addicted: felony, mandatory 6 yrs.; To a minor: Class C felony, if under 16, mandatory 1 yr. prison; On school property: up to 15 yrs. and $250,000; Subsequent offense: if not addicted, mandatory 6 yrs.; otherwise 12 yrs.; Where death involved as a result: Class B felony, $10,000-$100,000 fine; If seller is under 16 mandatory sentence of 1 year. no parole, probation, or suspension; If seller is under 14 mandatory sentence of 2 yrs.; More severe penalties if near school §4767-68; Knowingly purchasing from a minor, Class C felony |
| Trafficking | If on any occasion, one knowingly sells, delivers, brings: 2.5 g. or more: class B felony; 2.5-10 g.: minimum 2 yrs. and $75,000; 10-50 g.: minimum 10 yrs. and $150,000; 50 g. and over: minimum 25 yrs. and $750,000 |
The first statewide Drug Court in the U.S. began in Delaware Superior Court in 1997. The Drug Court Program started in New Castle County and was one of the first dozen Drug Courts in the nation. Defendants began to enter the program in April 1994. Now in part because of the success of states like Delaware there are over 2,500 Drug Courts nationwide.
As of March 2011, the Superior Court Diversion Drug Court in New Castle County processed over 6,000 drug cases, in Kent County over 1497, and in Sussex County over 1,500. The program expedites cases and saves taxpayers’ money while getting participants into treatment sooner and with greater success than other methods of case management.
To be sure, Delaware's Dug Court has changed and saved a significant number of lives. The 17-year compliance rate for the Drug Court is over 64%. That figure compares favorably with rates in similar programs nationwide even though this Court is particularly stringent about the conditions of participation and the consequences of non-compliance.
For more information visit the Delaware Drug Court's official website.
Delaware Heroin Laws: Related ResourcesState drug laws, and their enforcement, are constantly changing, and can vary depending on the jurisdiction and specifics of your case. If you would like legal assistance with an existing drug case, or if you would just like to know your rights, you can contact a Delaware drug crime attorney in your area. For related articles and resources, you can also visit FindLaw's Drug Charges section. If you think you might need help with a drug addiction or substance abuse problem, your first step is to ask for help.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Delaware attorneys offer free consultations for Drug Crime.