Uniform Controlled Substances Act

Del. Code tit. 16, ch. 47
in effect

Del. Code tit. 16, § 4701 Definitions [For application of this section, see 85 Del. Laws, c. 418, § 6].

As used in this chapter: (1) “Addicted” or “addiction” shall mean dependence upon a drug in the following manner: a. Psychological dependence upon a drug in the sense that the user lacks the ability to abstain from taking or using the drug or experiences a compulsive need to continue its use; and b. A tolerance to the effects of the drug which leads the user to require larger and more potent doses; and c. Such physical dependence upon the drug that the user suffers withdrawal symptoms if the user is deprived of its dosage. (2) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means to the body of a patient or research subject by: a. A practitioner (or, in the practitioner’s presence, by the practitioner’s authorized agent); or b. The patient or research subject at the direction and in the presence of the practitioner. (3) “Administration” means the Drug Enforcement Administration, United States Department of Justice or its successor agency. (4) “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. It does not include a common or contract carrier, public warehouseperson or employee of the carrier or warehouseperson. (5) “Anabolic steroid” means any of the controlled substances defined in § 4718(f) of this title. (6) “Benzodiazepine” means any substance or drug which contains a benzene ring fused to a 7-member diazepine ring, results in the depression of the central nervous system and is primarily intended to treat insomnia, convulsions and anxiety, and used for muscle relaxation and pre-operation treatment including alprazolam, clonazepam, diazepam, lorazepam, and temazepam. (7) “Controlled substance” means a drug, substance or immediate precursor in Schedules I through V of subchapter II of this chapter. For purposes of the crimes set forth in subchapters IV and V of this chapter, and of forfeiture set forth in § 4784 of this title, “controlled substance” includes “designer drug”, as defined in paragraph (10) of this section. (8) “Counterfeit controlled substance” means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance. (9) “Deliver” or “delivery” means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. (10) “Designer drug” means a substance that has a chemical structure substantially similar to that of a controlled substance or that was specifically designed to or may produce an effect substantially similar to that of a controlled substance. Examples of chemical classes in which “designer drugs” are found include, but are not limited to, the following: Phenethylamines, N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles, arylcycloalkylamines, cannabinoids, cathinones, and any synthetic analogue of a controlled substance. “Designer drug” does not include any substance that was manufactured, delivered or dispensed in conformance with an approved new drug application, or an exemption for investigating use within the meaning of § 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 355), or that was manufactured, delivered or dispensed in conformance with a registration issued by the Attorney General of the United States within the meaning of §§ 301-304 of the Federal Controlled Substances Act (21 U.S.C. §§ 821-824). (11) “Dispense” means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing for a legitimate medical purpose by an individual practitioner in the usual course of the practitioner’s professional practice, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery. (12) “Dispenser” means a practitioner who dispenses. (13) “Distribute” means to deliver other than by administering or dispensing a controlled substance. (14) “Distributor” means a person who distributes. (15) “Dose” means an amount or unit of a compound, mixture, or preparation containing a controlled substance that is separately identifiable and in a form that indicates that it is the amount or unit by which the controlled substance is separately administered to or taken by an individual. A dose includes, but is not limited to: a pill; a capsule; a tablet; or a vial. (16) “Drug” means (i) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary or any supplement to any of them; (ii) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals; (iii) substances (other than food) intended to affect the structure or any function of the body of humans or animals; and (iv) substances intended for use as a component of any article specified in clause (i), (ii) or (iii) of this paragraph. It does not include devices or their components, parts or accessories. (17) “Drug detection animal trainer” means all persons, not classified as a practitioner, pharmacy, distributor, manufacturer or researcher, but under the classification of “Other Controlled Substance Registrants.” This registrant shall have formal training and may train animals for drug detection using controlled substances listed under the registration. These registrants shall have equipment and a site appropriate for registration. (18) “Drug paraphernalia” shall mean all equipment, products and materials of any kind which are used, intended for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, re-packaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled substance the manufacture, delivery, possession or use of which is in violation of this chapter. The term “drug paraphernalia” includes, but is not limited to: a. Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance, the use, cultivation, delivery or possession of which is in violation of this chapter or from which such a controlled substance can be derived; b. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances, the use, manufacture, delivery or possession of which is in violation of this chapter; c. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance, the use, manufacture, delivery or possession of which is in violation of this chapter; d. Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances, the use, manufacture, delivery or possession of which is in violation of this chapter; e. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances, the use, manufacture, delivery or possession of which is in violation of this chapter; f. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose or lactose, which are used, intended for use or designed for use in cutting controlled substances, the use, manufacture, delivery or possession of which is in violation of this chapter; g. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or otherwise cleaning or refining, marijuana; h. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances, the use, manufacture, delivery or possession of which is in violation of this chapter; i. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances, the use, manufacture, delivery or possession of which is in violation of this chapter; j. Containers or other objects used, intended for use or designed for use in storing or concealing controlled substances, the use, manufacture, delivery or possession of which is in violation of this chapter; k. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances, the use, manufacture, delivery or possession of which is in violation of this chapter; and l . Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body such as: 1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls; 2. Water pipes; 3. Carburetion tubes and devices; 4. Smoking and carburetion masks; 5. Roach clips or objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; 6. Miniature cocaine spoons, and cocaine vials; 7. Chamber pipes; 8. Carburetor pipes; 9. Electric pipes; 10. Air-driven pipes; 11. Chillums; 12. Bongs; and 13. Ice pipes or chillers. (19) “Finished drug product” means a drug legally marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 321 et seq.) that is in finished dosage form. (20) “Finished product” means any material, compound, mixture or preparation which contains any quantity of a controlled or noncontrolled substance. (21) “Human growth hormone” is synonymous with the term “human chorionic gonadotropin.” (22) “Immediate precursor” means a substance which the Secretary has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture. (23) “Isomer” means the optical isomer, except as used in § 4714(d) of this title and § 4716(b)(4) of this title. As used in § 4714(d) of this title, the term “isomer” means the optical positional or geometric isomer. As used in § 4716(b)(4) of this title, the term “isomer” means the optical or geometric isomer. (24) “Knowingly” means a person acts knowingly with respect to any delivery, possession, use or consumption within the meaning of this chapter when the person knows or is aware of such delivery, possession, use or consumption. The person’s knowledge may be inferred by the trier of fact from the surrounding circumstances, considering whether a reasonable person in the defendant’s circumstances would have had such knowledge. A prima facie case of knowledge is established upon the introduction of some evidence of the surrounding circumstances from which a reasonable juror might infer the defendant’s knowledge. (25) “Lawful prescription or order” means a prescription or order that is issued for a legitimate medical purpose by a licensed and registered practitioner pursuant to a “patient-practitioner relationship” as defined in this section, that is not obtained by misrepresentation, fraud, forgery, deception or subterfuge, and is distributed or dispensed in conformity with § 4739 of this title. (26) “Licensed practitioner” means any individual who is authorized by law to prescribe drugs in the course of professional practice or research in any state. (27) “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container except that this term does not include the preparation or compounding of a controlled substance by an individual for the individual’s own use or the preparation, compounding, packaging or labeling of a controlled substance: a. By a practitioner as an incident to the practitioner’s administering or dispensing of a controlled substance in the course of the practitioner’s professional practice; or b. By a practitioner, or by the practitioner’s authorized agent under the practitioner’s supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for delivery. (28) a. “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. b. “Marijuana” does not include any of the following: 1. The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. 2. Products approved by the US Food and Drug Administration. 3. Industrial hemp as defined in § 2801 of Title 3. (29) “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis: a. Opium opiates, derivatives of opium and opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation. Such term does not include isoquinoline alkaloids of opium. b. Poppy straw and concentrate of poppy straw. c. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine and derivatives of ecgonine or their salts have been removed. d. Cocaine, its salts, optical and geometric isomers, and salts of isomers. e. Ecgonine, its derivatives, their salts and salts of isomers. f. Any compound, mixture or preparation which contains any quantity of any of the substances referred to in paragraphs (29)a. through e. of this section. (30) “Non-benzodiazepine hypnotic” means any zaleplon, zolpidem, and any schedule II or schedule III drug, as defined by the Controlled Substances Act, 21 U.S. C. § 812(c) and 21 C.F.R. 1308, which produces effects similar to that of a benzodiazepine. (31) “Opiate” means any 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. It does not include, unless specifically designated as controlled under § 4711 of this title, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms. (32) “Opium poppy” means the plant of the species Papaver somniferum L., except its seeds. (33) “Other controlled substance registrants” means all persons and firms, except persons or firms exempt from registration, who are not classified as pharmacies, distributors, manufacturers, practitioners or researchers. Examples of persons or firms in this classification include, but are not limited to, analytical laboratories and drug detection animal trainers, having a legitimate need to use “controlled substances” as defined in this section. (34) “Patient-practitioner relationship” means, with respect to prescribing drugs for a patient, that the practitioner is a licensed practitioner who meets 1 or more of the following: a. Has conducted at least 1 in-person medical evaluation of the patient and performed a medical history and physical examination sufficient to establish a diagnosis and to identify underlying conditions of, or contraindications to, the treatment recommended or provided. b. Personally knows the patient and the patient’s general health status through an existing patient-practitioner relationship. c. Provides treatment in consultation with or upon referral of another practitioner who has an existing patient-practitioner relationship with the patient and who has agreed to supervise the patient’s treatment, including follow-up care and use of the prescribed medications. d. Provides treatment to the patient through an on-call or cross-coverage situation for another practitioner who has an existing patient-practitioner relationship with the patient. e. Provides continuing medications on a short-term basis for a new patient prior to the first appointment. f. Provides treatment based upon admission orders for a newly hospitalized patient. g. Provides treatment for opioid use disorder under a properly established provider-patient relationship as provided by § 6003 of Title 24 for Schedule III through V medications approved by the Federal Drug Administration for such treatment. (35) “Person” means individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association, or any other legal entity. (36) “Personal use quantity” means 1 ounce or less of marijuana in the form of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol. “Leaf marijuana” means the dried leaves and flowering tops of the plant cannabis sativa L. (37) “Poppy straw” means all parts, except the seeds of the opium poppy, after mowing. (38) “Possession,” in addition to its ordinary meaning, includes location in or about the defendant’s person, premises, belongings, vehicle or otherwise within the defendant’s reasonable control. (39) “Practitioner” means: a. A physician, dentist, veterinarian, pharmacist, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State. b. A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of its professional practice or research in this State. (40) “Prescribe” means to give an order for medication or other therapy by authorized personnel which is dispensed to or for an ultimate user but does not include an order for medication which is dispensed for immediate administration to the ultimate user. (41) “Prescription drug” means any drug required by federal or state law or regulation to be dispensed only by or on the prescription of a practitioner licensed to prescribe drugs, or which is restricted to use by practitioners only. (42) “Prescription drug order” means any written, verbal, or electronic order of a practitioner for a prescription drug issued in accordance with regulations promulgated under this chapter. (43) “Production” includes the manufacturing, planting, cultivating, growing or harvesting of a controlled substance. (44) “Proof of age” means a document issued by a governmental agency that gives the person’s date of birth including a passport, military identification card, or driver’s license. (45) [Repealed.] (46) “Protected school zone” means either of the following: a. Any building, structure, athletic playing field, playground, or other land contained on the property of a public or private kindergarten, elementary, secondary, or vocational-technical school. b. Any area accessible to the public located within 300 feet of the property of a public or private kindergarten, elementary, secondary, or vocational-technical school, or any parked vehicle located within 300 feet of the property of a public or private kindergarten, elementary, secondary, or vocational-technical school. For the purposes of this section, an “area accessible to the public” includes: sidewalks; streets; parking lots; parks; playgrounds; stores and restaurants; and any other outdoor locations such as front porches or front yards. (47) “Purported controlled substance” means any substance that is: a. Expressly or impliedly represented to be a controlled substance; or b. Expressly or impliedly represented to be of such nature that another person will be able to distribute or use the substance as a controlled substance. (48) “Researcher” means all persons and firms, not a practitioner, who routinely performs scholarly or scientific investigations or inquiries. (49) “Secretary” means Secretary of the Department of State or the Secretary’s designee in paragraph (22) of this section; §§ 4711; 4713; 4715; 4717; 4718(m); 4719; 4720(c); 4721; 4731; 4732; 4733; 4734(a) and (b); 4735 (b), (c) and (d); 4736(a) and (b); 4737; 4738; 4739(b); 4762(e)(2); 4781(1); 4782; 4783(b); 4785; 4786; 4787(b), (c), (d), (e) and 4791(d) of this title. “Secretary” means Secretary of the Department of Safety and Homeland Security of the State or the Secretary’s designee in §§ 4740; 4781(2), (3) and (4); 4783(a) and (c); 4784; and 4787(a) of this title. “Secretary” means Secretary of the Department of Health and Social Services or the Secretary’s designee in § 4740B of this title. (50) “State,” when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof and any area subject to the legal authority of the United States of America. (51) “Ultimate user” means a person who lawfully possesses a controlled substance for the person’s own use or for the use of a member of the person’s household or for administering to an animal owned by the person or by a member of the person’s household. (52) “Vehicle” shall have the same definition as that set forth in § 101(88) of Title 21.

Del. Code tit. 16, § 4711 Administration.

The Secretary shall administer this chapter. Except as otherwise provided in this chapter, the Secretary may delete or reschedule substances enumerated in the schedules of controlled substances only if: (1) Such substances have been deleted from or rescheduled within the federal schedules of controlled substances by the Attorney General of the United States pursuant to 21 USC § 811, et seq.; and (2) The findings required by this chapter for placement of substances in the schedules of controlled substances have been made.

Del. Code tit. 16, § 4712 Nomenclature.

The controlled substances listed or to be listed in the schedules in §§ 4714, 4716, 4718, 4720 and 4722 of this title are included by whatever official, common, usual, chemical or trade name designated.

Del. Code tit. 16, § 4713 Schedule I tests.

The Secretary shall place a substance in Schedule I if the Secretary finds that the substance: (1) Has high potential for abuse; and (2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.

Del. Code tit. 16, § 4714 Schedule I.

(a) The controlled substances listed in this section are included in Schedule I. (b) Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation: (1) Acetylmethadol; (2) Allylprodine; (3) Alphacetylmethadol (except levo-alphacetylmethadol also known as levo-alpha-acetylmethadol, levomethadyl acetate or “LAAM”); (4) Alphameprodine; (5) Alphamethadol; (6) Benzethidine; (7) Betacetylmethadol; (8) Betameprodine; (9) Betamethadol; (10) Betaprodine; (11) Clonitazene; (12) Dextromoramide; (13) Dextrorphan; (14) Diampromide; (15) Diethylthiambutene; (16) Dimenoxadol; (17) Dimepheptanol; (18) Dimethylthiambutene; (19) Dioxaphetyl butyrate; (20) Dipipanone; (21) Ethylmethylthiambutene; (22) Etonitazene; (23) Etoxeridine; (24) Furethidine; (25) Hydroxypethidine; (26) Ketobemidone; (27) Levomoramide; (28) Levophenacylmorphan; (29) Morpheridine; (30) Noracymethadol; (31) Norlevorphanol; (32) Normethadone; (33) Norpipanone; (34) Phenadoxone; (35) Phenampromide; (36) Phenomorphan; (37) Phenoperidine; (38) Piritramide; (39) Proheptazine; (40) Properidine; (41) Racemoramide; (42) Trimeperidine; (43) Difenoxin; (44) Propiram; (45) Tilidine; (46)-(59) [Repealed.] (60) Any fentanyl-related substances including any substance not otherwise controlled in any schedule that is structurally related to fentanyl by one or more of the following modifications: a. Replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle; b. Substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups; c. Substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups; d. Replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; e. Replacement of the N-propionyl group by another acyl group; and f. Any modifications not as listed above. (c) Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation: (1) Acetorphine; (2) Acetyldihydrocodeine; (3) Benzylmorphine; (4) Codeine methylbromide; (5) Codeine-N-Oxide; (6) Cyprenorphine; (7) Desomorphine; (8) Dihydromorphine; (9) Etorphine; (10) Heroin; (11) Hydromorphinol; (12) Methyldesorphine; (13) Methyldihydromorphine; (14) Morphine methylbromide; (15) Morphine methylsulfonate; (16) Morphine-N-Oxide; (17) Myrophine; (18) Nicocodeine; (19) Nicomorphine; (20) Normorphine; (21) Pholcodeine; (22) Thebacon; and (23) Drotebanol. (d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) 3,4-methylenedioxy amphetamine; (2) 5-methoxy-3,4-methylenedioxy amphetamine; (3) 3,4,5-trimethoxy amphetamine; (4) Bufotenine; (5) Diethyltryptamine; (6) Dimethyltryptamine; (7) 4-methyl-2,5-dimethoxylamphetamine; (8) Ibogaine; (9) Lysergic acid diethylamide; (10) Mescaline; (11) Peyote; (12) N-ethyl-3-piperidyl benzilate; (13) N-methyl-3-piperidyl benzilate; (14) Psilocybin; (15) Psilocyn; (16) Thiophene Analog of Phencyclidine; (17) Ethylamine Analog of Phencyclidine; (18) Pyrrolidine Analog of Phencyclidine; (19) Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers and is not approved for use by the US Food and Drug Administration; (20) Parahexyl (21) 3,4-methylenedioxymethamphetamine (MDMA), its optical, positional and geometric isomers, salts and salts of isomers; (22) 2, 5-Dimethoxy-4-ethylamphetamine (DOET); (23) Alpha-ethyltrytamine; (24) Salvia divinorum; (25) Salvinorin A; and (26) [Repealed.] (e) Any material, compound, mixture or preparation which contains any quantity of the following depressant substances, including their salts, isomers and salts of isomers unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific designation: (1) Methaqualone. (2) Gamma Hydroxybutyrate (GHB). (f) Any material, compound, mixture or preparation which contains any quantity of the following stimulant substances, including their salts, isomers and salts of isomers unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific designation: (1) Fenethylline; (2) N-Ethylamphetamine; (3) Cathinone; (4) Methcathinone; (5) Aminorex; and (6) Synthetic cathinone, which means a substance containing 1 or more of the following chemical compounds: a. Mephedrone (also known as 4-MMC; 4-Methylephedrone; and 2-(methylamino)-1-(4-methylphenyl)-1-propanone); b. MDPV (also known as Methylenedioxy Pyrovalerone; 3,4-methylenedioxypyrovalerone; and 1-(1,3-benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone); c. Methylone (also known as M1; bk-MDMA; 3,4-Methylenedioxy-N-methylcathinone; and 1-(1,3-benzodioxol-5-yl)-2-(methylamino)-1-propanone); d. Naphyrone (also known as O-2482; NRG-1; Naphpyrovalerone; β-Naphyrone; and 1-(2-naphthalenyl)-2-(1-pyrrolidinyl)-1-pentanone); e. Flephedrone (also known as 4-FMC; and 1-(4-fluorophenyl)-2-(methylamino)propan-1-one); f. Methedrone (also known as 4-Methedrone; Methoxyphedrine; PMMC; para-Methoxymethcathinone; 4-methoxymethcathinone; and 1-(4-methoxyphenyl)-2-(methylamino)-1-propanone; 4-methoxy methcathinone); g. Ethcathinone (also known as Ethylpropion, N-ethylcathinone and 2-ethylaminopropiophenone; βk-Ethylamphetamine; 2-ethylaminopropiophenone; and 2-ethylamino-1-phenyl-propan-1-one, N-ethylcathinone); h. Ethylone (also known as 3,4-methylenedioxy- N -ethylcathinone; MDEC; βk-MDEA; and ( RS )-1-(1,3-benzodioxol-5-yl)-2-(ethylami-no)propan-1-one); i. Butylone (also known as β-keto MBDB; and 1-(1,3-benzodioxol-5-yl)-2-(methylamino)-1-butanone); j. Metamfepramone (also known as N,N-Dimethylcathinone; and 2-(dimethylamino)-1-phenyl-1-propanone); k. Alpha-PPP (also known as α-Pyrrolidinopropiophenone; and 1-phenyl-2-(1-pyrrolidinyl)-1-propanone); l . MOPPP (also known as 4′-Methoxy-α-pyrrolidinopropiophenone; and 1-(4-methoxyphenyl)-2-(pyrrolidin-1-yl)propan-1-one); m. MDPPP (also known as 3′,4′-Methylenedioxy-α-pyrrolidinopropiophenone; and 1-(1,3-benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-propanone); n. Alpha-PVP (also known as α-Pyrrolidinopentiophenone; α-PVP; O-2387; alpha-PVP; and 1-phenyl-2-(1-pyrrolidinyl)-1-pentanone); o. 3-FMC (also known as 3-Fluoromethcathinone; and 1-(3-fluorophenyl)-2-(methylamino)propan-1-one); p. MPBP (also known as 4′-Methyl-α-pyrrolidinobutiophenone; and ( RS )-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-butanone); and q. Methcathinone (also known as α-methylamino-propiophenone; Ephedrone (Europe); and ( RS )-2-(methylamino)-1-phenyl-propan-1-one). (g) Any synthetic cannabinoid, which means any material containing any compound, mixture, or preparation that is not a federal Food and Drug Administration (FDA) approved drug and is chemically synthesized to produce a psychotropic response by binding at 1 or more cannabinoid receptors. Synthetic cannabinoid classes include all of the following: (1) Naphthoylindoles. — Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cyc1oalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes all of the following: a. JWH 018. b. JWH 019. c. JWH 073. d. JWH 081. e. JWH 122. f. JWH 200. g. JWH 398. h. AM2201. i. WIN 55,212.2. (2) Naphthylmethylindoles. — Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2piperidinyl)methyl, or 2-(4-morpho-linyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes all of the following: a. JWH 175. b. JWH 184. (3) Naphthoylpyrroles. — Any compound containing a 3-(1naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes JWH 307. (4) Naphthylmethylindenes. — Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes JWH 176. (5) Phenylacetylindoles. — Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. This structural class includes all of the following: a. RCS-8 (SR-18). b. JWH 250. c. JWH 203. d. JWH 251. e. JWH 302. (6) Cyclohexylphenols. — Any compound containing a 2-(3hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent. This structural class includes all of the following: a. CP 47,497. b. CP 55,940. (7) Benzoylindoles. — Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. This structural class includes all of the following: a. AM694. b. RCS-4 (SR-19). c. AM679. (8) Adamantoylindoles. — Any compound containing a 3-(1adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the adamantyl ring system to any extent. This structural class includes AM1248. (h) Any material, compound, mixture, or preparation that contains any quantity of tianeptine including its salts, isomers and salts of isomers unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible.

Del. Code tit. 16, § 4715 Schedule II tests.

The Secretary shall place a substance in Schedule II if the Secretary finds that: (1) The substance has high potential for abuse; (2) The substance has currently accepted medical use in treatment in the United States or currently accepted medical use with severe restrictions; and (3) The abuse of the substance may lead to severe psychic or physical dependence.

Del. Code tit. 16, § 4716 Schedule II.

(a) The controlled substances listed in this section are included in Schedule II. (b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis: (1) Opium and opiate, and any salt, compound, derivative or preparation of opium or opiate. (2) Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (b)(1) of this section, but not including the isoquinoline alkaloids of opium. (3) Opium poppy and poppy straw. (4) Coca leaves, including cocaine and ecgonine and their salts, isomers, derivatives and salts of isomers and derivatives, and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine. (c) Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation: (1) Alphaprodine; (2) Anileridine; (3) Bezitramide; (4) Dihydrocodeine; (5) Diphenoxylate; (6) Fentanyl; (7) Isomethadone; (8) Levo-alphacetylmethodol (also known as levo-alpha-acetylmethadol, levomethadyl acetate, “LAAM”) (9) Levomethorphan; (10) Levorphanol; (11) Metazocine; (12) Methadone; (13) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane; (14) Moramide-Intermediate 2-methyl-3-morpholino-1, 1-diphenyl- propane-carboxylic acid; (15) Pethidine; (16) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine; (17) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate; (18) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid; (19) Phenazocine; (20) Piminodine; (21) Racemethorphan; (22) Racemorphan; (23) Sufentanil; and (24) Alfentanil. (d) Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system: (1) Amphetamine, its salts, optical isomers and salt of its optical isomers; (2) Phenmetrazine and its salts; (3) Any substance which contains any quantity of methamphetamine including its salts, isomers and salts of isomers; and (4) Methylphenidate. (e) Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: (1) Methaqualone and its salts; (2) Amobarbital; (3) Secobarbital; (4) Pentobarbital; (5) Phencyclidine; (6) Phencyclidine Immediate Precursors: a. 1-Phenylcyclohexylamine; and b. 1-Piperidinocylohexane Carbonitrile (PCC); and (7) Glutethimide. (f) (1) Immediate Precursor to Amphetamine and Methamphetamine. (2) Phenylacetone (P-2-P). (g) [Repealed.]

Del. Code tit. 16, § 4717 Schedule III tests.

The Secretary shall place a substance in Schedule III if the Secretary finds that: (1) The substance has a potential for abuse less than the substances listed in Schedules I and II; (2) The substance has currently accepted medical use in treatment in the United States; and (3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.

Del. Code tit. 16, § 4718 Schedule III.

(a) The controlled substances listed in this section are included in Schedule III. (b) Unless specifically excepted or unless listed in another schedule, any compound, mixture or preparation containing limited quantities of any stimulant drugs or any salts, isomers or salts of isomers thereof and 1 or more active medicinal ingredients not having a stimulant effect on the central nervous system and in such combinations, quantity, proportion or concentration that reduce the potential abuse of the substances which have a stimulant effect on the central nervous system. (c) Unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: (1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules; (2) Chlorhexadol; (3) Lysergic acid; (4) Lysergic acid amide; (5) Methyprylon; (6) [Rescheduled]; (7) Sulfondiethylmethane; (8) Sulfonethylmethane; and (9) Sulfonmethane. (d) Nalorphine. (e) Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof: (1) Not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium; (2) Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts; (3) Not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium; (4) Not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts; (5) Not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts; (6) Not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with 1 or more ingredients in recognized therapeutic amounts; (7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts; and (8) Not more than 50 milligrams of morphine or any of its salts per 100 milliliters or per 100 grams with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts. (f) Anabolic steroids and combinations: (1) Boldenone; (2) Chlorotestosterone (4-dihydrotestosterone); (3) Clostebol; (4) Dehydrochlormethyltestosterone; (5) Dihydrotestosterone (4-dihydrotestosterone); (6) Drostanolone; (7) Ethylestrenol; (8) Fluoxymesterone; (9) Formebulone (formebulone); (10) Mesterolone; (11) Methandienone; (12) Methandranone; (13) Methandriol; (14) Methandrostenolone; (15) Methenolone; (16) Methyltestosterone; (17) Mibolerone; (18) Nandrolone; (19) Norethandrolone; (20) Oxandrolone; (21) Oxymesterone; (22) Oxymetholone; (23) Stanolone; (24) Stanozolol; (25) Testolactone; (26) Testosterone; (27) Trenbolone; and (28) Any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth. (g) Clortermine. (h) Benzphetamine. (i) Chlorphentermine. (j) Phendametrazine. (k) Ketamine. ( l ) Xylazine and its isomers, esters, ethers, salts and salts of isomers, esters and ethers. (m) The Secretary may except by rule any compound, mixture or preparation containing any stimulant or depressant substance listed in subsections (b) and (c) from the application of all or any part of this chapter if the compound, mixture or preparation contains 1 or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system. (n) Any anabolic steroid, as listed in subsection (f) of this section, which is a combination of estrogen and anabolic steroid and which is expressly intended for administration to hormone-deficient women, shall be exempt from the provisions of this chapter. If any person prescribes, dispenses or distributes an anabolic steroid which is a combination of estrogen and anabolic steroid for use by persons who are not hormone-deficient women, such person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of this chapter. (o) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved drug product.

Del. Code tit. 16, § 4719 Schedule IV tests.

The Secretary shall place a substance in Schedule IV if the Secretary finds that: (1) The substance has a low potential for abuse relative to substances in Schedule III; (2) The substance has currently accepted medical use in treatment in the United States; and (3) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.

Del. Code tit. 16, § 4720 Schedule IV.

(a) The controlled substances listed in this section are included in Schedule IV. (b) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: (1) Barbital; (2) Chloral betaine; (3) Chloral hydrate; (4) Ethchlorvynol; (5) Ethinamate; (6) Methohexital; (7) Meprobamate; (8) Methylphenobarbital; (9) Paraldehyde; (10) Petrichloral; (11) Phenobarbital; (12) Mebutamate; and (13) Zolpidem. (c) The Secretary may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (b) or subsection ( l ) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains 1 or more active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantities, proportions, or concentrations that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system. (d) Fenfluramine. (e) Dextropropoxyphene, and any compound, mixture or preparation which contains any of this substance, including its salts. (f) Phentermine and any compound, mixture or preparation which contains any of this substance, including its salts. (g) Pentazocine, and any material, compound, mixture or preparation which contains any of this substance. (h) Diethylpropion. (i) Pemoline (including organometallic complexes and chelates thereof). (j) A compound mixture or preparation containing not more than 1 milligram of Difenoxin and not less than 25 micrograms of Atropine Sulfate per dosage unit. (k) Mazindol. ( l ) Any material, compound, mixture, or preparation that contains benzodiazepine, including all of the following: (1) Adinazolam. (2) Alprazolam. (3) Brotizolam. (4) Chlordiazepoxide. (5) Clonazepam. (6) Clonazolam. (7) Clorazepate. (8) Deschloroetizolam. (9) Diazepam. (10) Diclazepam. (11) Etizolam. (12) Flualprazolam. (13) Flubromazepam. (14) Flubromazolam. (15) Flunitrazepam. (16) Flunitrazolam. (17) Flurazepam. (18) Halazepam. (19) Lorazepam. (20) Meclonazepam. (21) Metizolam. (22) Midazolam. (23) Nifoxipam. (24) Nitrazolam. (25) Oxazepam. (26) Phenazepam. (27) Prazepam. (28) Pyrazolam. (29) Temazepam. (30) Triazolam. (31) Quazepam. (32) Zapizolam.

Del. Code tit. 16, § 4721 Schedule V tests.

The Secretary shall place a substance in Schedule V if the Secretary finds that: (1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV; (2) The substance has currently accepted medical use in treatment in the United States; and (3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.

Del. Code tit. 16, § 4722 Schedule V.

(a) The controlled substances listed in this section are included in Schedule V. (b) Any compound, mixture or preparation containing limited quantities of any of the following narcotic drugs, which also contains 1 or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone: (1) Not more than 200 milligrams of codeine or any of its salts per 100 milliliters or per 100 grams; (2) Not more than 100 milligrams of dihydrocodeine or any of its salts per 100 milliliters or per 100 grams; (3) Not more than 100 milligrams of ethylmorphine or any of its salts per 100 milliliters or per 100 grams; (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; and (6) Not more than 0.5 milligram and no less than 24 micrograms of atropine sulfate per dosage unit. (c) Buprenorphine and its salts.

Del. Code tit. 16, § 4731 Rules; fees; Controlled Substance Advisory Committee.

(a) The Secretary may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this State. (b) The Secretary shall appoint a council to act in an advisory capacity to the Secretary and other state agencies on all matters relating to this chapter. The advisory council shall be named the Controlled Substance Advisory Committee and may serve as the Secretary’s designee in any hearing under this chapter.

Del. Code tit. 16, § 4732 Registration requirements; exemptions; inspections.

(a) Any pharmacy, distributor, manufacturer, practitioner, including a practitioner who holds a practice privilege, interstate compact license, an interstate telehealth registration, or a military registration, researcher or other controlled substance registrant who has or proposes to engage in activities accordingly within this State must obtain biennially a registration issued by the Secretary in accordance with the Secretary’s rules. (b) Any pharmacy, distributor, manufacturer, researcher or other controlled substance registrant is limited to those substances to the extent authorized by their registration and in conformity with the other provisions of this subchapter. (c) The following persons need not register and may lawfully possess controlled substances under this chapter: (1) Any agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if the agent or employee is acting in the usual course of the agent’s or employee’s business or employment; (2) A common or contract carrier or warehouseperson, or any employee thereof, whose possession of any controlled substance is in the usual course of business or employment; and (3) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance. (d) The Secretary may waive by rule the requirement for registration of certain manufacturers, distributors or dispensers if the Secretary finds it consistent with the public interest. (e) A separate registration is required at each principal place of business or professional practice where the applicant, including other controlled substance registrants, manufactures, distributes, dispenses or conducts research with controlled substances. (f) The Secretary or the Secretary’s representative may inspect the establishment of any registrant or applicant for registration in accordance with the Secretary’s rules. (g) Every registrant under this chapter shall be required to report any change of professional or business address in such a manner as the Secretary may require by rule. (h) As a condition of biennial renewal of registration, an applicant shall demonstrate, in such a form and by such evidence as the Secretary deems appropriate, that the applicant, if a licensed practitioner, as defined in this chapter, or such officer or employee of the applicant, if a corporation, partnership, or other business entity, as is required to be registered as an individual, has completed continuing professional education relating all of the following: (1) The prescribing, distributing, dispensing or delivery of controlled substances, as defined in this chapter. (2) The detection and recognition of symptoms, patterns of behavior, or other characteristics of impairment and dependency resulting from the abusive or illegal use of controlled substances. (3) The risks of using opioids and effective alternatives to the use of opioids. (4) Other topics as the Secretary deems appropriate.

Del. Code tit. 16, § 4733 Registration; rights of registrants.

(a) The Secretary shall register an applicant as a pharmacy, distributor, manufacturer, practitioner, researcher or other controlled substance registrant for purposes of manufacturing, distributing or dispensing, some or all of the controlled substances included in Schedules I-V who has an active, relevant underlying professional license in the State, or holds a practice privilege, interstate compact license, an interstate telehealth registration, or a military registration, unless the Secretary determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the Secretary shall consider the following factors: (1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels; (2) Compliance with applicable federal, state and local law, including but not limited to such requirements as having a license to practice as a practitioner or having documented training and continuing education as a drug detection animal trainer; (3) Any convictions of the applicant under any federal and state laws relating to any controlled substance; (4) Past experience in the manufacture or distribution of controlled substances and the existence in the applicant’s establishment of effective controls against diversion; (5) Furnishing by the applicant of false or fraudulent material in any application filed under this chapter; (6) Suspension or revocation of the applicant’s federal registration to manufacture, distribute, prescribe, dispense or research controlled substances as authorized by federal law; (7) Any professional license disciplined in any jurisdiction; and (8) Any other factors relevant to the public interest. (b) Registration under subsection (a) does not entitle a registrant to manufacture, research and distribute controlled substances in Schedule I or II other than those specified in the registration. (c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V if they are authorized to dispense or conduct research under the law of this State. The Secretary need not require separate registration under this subchapter for practitioners engaging in research with nonnarcotic controlled substances in Schedules II through V where the registrant is already registered under this subchapter in another capacity. Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this State upon furnishing the Secretary evidence of that federal registration. (d) Compliance by manufacturers and distributors with the federal law respecting registration (excluding fees) entitles them to be registered under this chapter.

Del. Code tit. 16, § 4734 Denial, revocation and suspension of registration; order to show cause proceedings before the Secretary.

(a) A registration under § 4733 of this title may be denied, suspended or revoked by the Secretary upon a finding that the registrant’s DEA registration or underlying practitioner license has been suspended or revoked, or the registrant has failed to comply with any mandatory continuing education requirements established by the Secretary’s rules. (b) Before denying, suspending or revoking a registration, the Secretary shall serve upon the applicant or registrant an order to show cause why registration should not be denied, suspended or revoked. The order to show cause shall contain a statement of the basis therefore and shall call upon the applicant or registrant to appear before the Secretary at a time and place not more than 30 days after the date of service of the order. Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing.

Del. Code tit. 16, § 4735 Investigations; written complaints; grounds for limitation, suspension or revocation of registration.

(a) All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29, and the Division of Professional Regulation shall be responsible for issuing a final written report at the conclusion of its investigation. (b) The Secretary, after due notice and hearing may limit, suspend, fine or revoke the registration of any registrant who: (1) Has failed to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels; (2) Has failed to comply with applicable federal, state or local law; (3) Has been convicted under any federal or state law relating to any controlled substances; (4) Has furnished any false or fraudulent material in any application filed under this chapter; (5) Has had any federal registration to manufacture, distribute, prescribe, dispense or research controlled substances as authorized by federal law suspended or revoked; (6) Has violated a provision of this chapter, or violated an order or rule of the Secretary related to controlled substances; (7) Has been disciplined by a professional licensing board in any jurisdiction; or (8) Has engaged in any conduct the Secretary finds to be relevant and inconsistent with the public interest. (c) The Secretary may limit revocation or suspension of a registration to particular controlled substances. (d) The Secretary may fine any registrant in an amount not to exceed $1,000 per violation of this chapter or the rules promulgated hereunder. (e) If the Secretary suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court upon application therefore orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the State. (f) The Secretary shall promptly notify the Administration of all orders suspending or revoking registration and all forfeitures of controlled substances.

Del. Code tit. 16, § 4736 Hearings before the Secretary; subpoenas; judicial review.

(a) Any registrant complained against under this chapter may appear personally or by counsel at the hearing and produce any competent evidence on the registrant’s behalf in answer to the complaint. Hearings shall be conducted in accordance with the Administrative Procedures Act [Chapter 101 of Title 29]. The Secretary shall be authorized to administer oaths, examine witnesses and issue notices of hearings or subpoenas requiring the testimony of witnesses and the production of books, records or other documents relevant to any matter involved in such hearing, and subpoenas shall also be issued at the request of the applicant or person complained against. In case of contumacy or refusal to obey a notice of hearing or subpoena under this section, the Superior Court in the county in which the hearing is held shall have jurisdiction, upon application of the Secretary to issue an order requiring such person to appear and testify or produce evidence as the case may require. (b) Any registrant aggrieved by a decision of the Secretary to deny, suspend, limit, revoke or refuse to renew registration under this chapter may appeal such decision to Superior Court. Such appeal shall be governed by the Administrative Procedures Act. When notified of an appeal under this section, the Secretary shall forward to Superior Court a certified and complete copy of the written transcripts of evidence adduced at the hearing before the Secretary together with a written copy of the Secretary’s findings and rulings and the Secretary’s reasons therefor.

Del. Code tit. 16, § 4737 Temporary suspension.

(a) In the event of a formal or informal complaint concerning the activity of a registrant that alleges an imminent danger to the public health, safety or welfare, the Secretary may temporarily suspend any registration, pending a hearing, by written order. An order temporarily suspending a registration may not be issued unless the registrant or the registrant’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the registrant or the registrant’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended registrant requests a continuance of the hearing date. If the temporarily suspended registrant requests a continuance, the order of temporary suspension remains in effect until the conclusion of all proceedings. (b) A registrant whose registration has been temporarily suspended pursuant to this section must be notified of the temporary suspension immediately and in writing. Notification consists of a copy of the complaint and the order of temporary suspension pending a hearing personally served upon the registrant or registrant’s counsel or sent by certified mail, return receipt requested, to the registrant’s last known address. The Secretary will hold a hearing on the complaint giving rise to the temporary suspension within 60 days of the date of the issuance of the order of temporary suspension. (c) A registrant whose registration has been temporarily suspended pursuant to this section may request an expedited hearing. The Secretary shall schedule the hearing within 15 days of receipt of any expedited hearing request, provided that the request is received within 5 calendar days from the date the registrant received notification of the decision to temporarily suspend the registration.

Del. Code tit. 16, § 4738 Records of registrants; order forms.

(a) Persons registered to prescribe, manufacture, distribute or dispense controlled substances under this chapter shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal and state law and with any rules the Secretary issues. (b) Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with federal law respecting order forms shall be deemed compliance with this section.

Del. Code tit. 16, § 4739 Prescriptions [For application of the section, see 79 Del. Laws, c. 409, § 3].

(a) Except when dispensed directly by a practitioner other than a pharmacy to an ultimate user, no controlled substance in Schedule II may be dispensed without the written prescription of a practitioner. (b) In emergency situations, as defined by rule of the Secretary, Schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of this chapter. No prescription for a Schedule II substance may be refilled. (c) Except when dispensed directly by a practitioner other than a pharmacy to an ultimate user, a controlled substance included in Schedule III or IV which is a prescription drug shall not be dispensed without a written or oral prescription of a practitioner. The prescription shall not be filled or refilled more than 6 months after the date thereof or be refilled more than 5 times, unless renewed by the practitioner. (d) A controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose. (e) An ultimate user shall be permitted to prohibit or limit a person other than the ultimate user from receiving a prescription on the ultimate user’s behalf from a pharmacy.

Del. Code tit. 16, § 4739A Practitioners.

Except for pharmacies, opioid treatment programs (also known as methadone clinics), veterinarians and persons licensed, registered, or otherwise authorized to conduct research, no practitioner shall dispense controlled substances beyond the amount deemed medically necessary for a 72-hour supply.

Del. Code tit. 16, § 4740 Sale of pseudoephedrine or ephedrine.

(a) Beginning January 1, 2014, before completing a sale of an over-the-counter material, compound, mixture, or preparation containing any detectable quantity of pseudoephedrine or ephedrine, its salts or optical isomers, or salts of optical isomers a pharmacy or retailer shall electronically submit the information required pursuant to subsection (b) of this section to the National Precursor Log Exchange system (NPLEx) administered by the National Association of Drug Diversion Investigators; provided that the NPLEx is available to pharmacies or retailers in the State without a charge for accessing the system. The pharmacy or retailer shall not complete the sale if the NPLEx system generates a stop sale alert. The system shall contain an override function that may be used by an agent of a retail establishment who is dispensing the drug product and who has a reasonable fear of imminent bodily harm if the transaction is not completed. The system shall create a record of each use of the override mechanism. (b) The pharmacy or retailer shall maintain a written or electronic log of required information for each sale of a nonprescription product containing pseudoephedrine or ephedrine, including: (1) The date and time of any transaction; (2) The name, address, and date of birth of the person purchasing or obtaining the substance; (3) The type of government-issued identification provided by the person purchasing or obtaining the substance and identification number; (4) The government agency issuing the identification used; and (5) The name of the compound, mixture, or preparation and the amount. The pharmacy or retailer shall require every person purchasing or obtaining the substance to sign a written or electronic log attesting to the validity of the information. (c) If a pharmacy or retailer selling an over-the-counter product containing the substance experiences mechanical or electronic failure of the electronic tracking system and is unable to comply with the electronic sales tracking requirement under this section, the pharmacy or retailer shall maintain a written log or an alternative electronic record keeping mechanism until such time as the pharmacy or retailer is able to comply with the electronic sales tracking requirement. (d) Any material, compound, mixture, or preparation as defined in subsection (a) of this section shall be dispensed, offered for sale, sold, or distributed only from behind a checkout counter, pharmacy counter, or in a locked storage container where the public is not permitted. (e) A licensed pharmacist, sales clerk, or pharmacy technician shall require that any person purchasing, receiving, or otherwise acquiring any such substance shall be age 18 or older, produce a photo identification showing the date of birth of the person, and sign a written log or receipt showing the date of the transaction, name of the person, and the amount of such substance. The written log or electronic log shall be retained for at least 12 months. (f) No person, other than pharmacy or retail establishment, shall purchase, receive, or otherwise acquire more than 9 grams of any such substance within any 30-day period. (g) A violation of this section is a class A misdemeanor. (h) The National Association of Drug Diversion Investigators shall forward Delaware transaction records in the NPLEx to the Drug Diversion Unit of the Delaware State Police weekly and provide real-time access to the NPLEx information through the NPLEx online portal to law enforcement in the State as authorized by the State Police; provided that the State Police execute a memorandum of understanding with the National Association of Drug Diversion Investigators governing access to the information; provided further that the State Police shall establish the electronic tracking system in conjunction with the State’s existing narcotics tracking system no later than January 1, 2014.

Del. Code tit. 16, § 4740A Sale of dextromethorphan.

(a) Age limit on sale of dextromethorphan. — (1) No commercial entity shall knowingly or wilfully sell or trade a finished drug product containing any quantity of dextromethorphan to a person less than 18 years of age. (2) No person who is less than 18 years of age shall purchase a finished drug product containing any quantity of dextromethorphan. (3) Any person making a retail sale of a finished drug product containing any quantity of dextromethorphan shall require and obtain proof of age from the purchaser before completing the sale, unless from the purchaser’s outward appearance the person making the sale would reasonably presume the purchaser to be at least 25 years of age. (b) Limitations. — (1) Nothing in this section shall be construed to impose any compliance requirement on a retail entity other than manually obtaining and verifying proof of age as a condition of sale, including placement of products in a specific place within a store, restrictions on a consumer’s direct access to finished drug products, and maintenance of transaction records. (2) This section shall not apply to a medication containing dextromethorphan that is sold pursuant to a valid prescription. (c) Penalties. — Any manufacturer, distributor, retailer, or wholesaler that sells or trades dextromethorphan in violation of this section shall receive a warning letter from the Office of Controlled Substances for the first violation and thereafter be subject to a civil penalty issued by the Office of Controlled Substances in the amount of: (1) Not more than $150 for a second violation; or (2) Not more than $250 for a third or any subsequent violations.

Del. Code tit. 16, § 4740B Use, distribution and education concerning benzodiazepine and non-benzodiazepine hypnotics.

(a) Obligations of the Secretary. — The Secretary shall produce and distribute either in written or electronic form to pharmacies, not including institutional pharmacies, pamphlets for consumers relative to benzodiazepines and non-benzodiazepine hypnotics that includes educational information about: (1) Misuse and abuse by adults and children; (2) Risk of dependency and addiction; (3) Proper storage and disposal; (4) Addiction support and treatment resources; and (5) A telephone helpline. A pharmacist shall distribute the pamphlet when dispensing a benzodiazepines or a non-benzodiazepine hypnotic. (b) Duties of practitioners. — No practitioner shall prescribe a benzodiazepine or a non-benzodiazepine hypnotic to a minor without first obtaining a parent or guardian’s written informed consent except in the case of emergency treatment or for treatment associated with neuromuscular disabilities. The Secretary shall prescribe a form for physicians to use in obtaining such consent. The form shall be written in a manner designed to permit a person unfamiliar with medical terminology to understand its purpose and content, and shall include the following information: (1) Misuse and abuse by adults and children; (2) Risk of dependency and addiction; (3) Possible life threatening risks of minors using the drug for the first time; and (4) Risks associated with long-term use of drugs.

Del. Code tit. 16, § 4742 Legislative findings and intent; construction of this subchapter.

The General Assembly has determined that the sale and delivery of prescription drugs by internet sites which are not licensed pharmacies and which dispense prescription drugs to patients without the existence of a bona fide patient-practitioner relationship constitutes an extreme danger to the safety and welfare of Delaware residents. The General Assembly has also determined that existing laws are not sufficiently punitive to deter these internet sites, and the unscrupulous practitioners and pharmacists who help them, from unlawfully selling and delivering prescription drugs to the residents of this State. The intent of this subchapter is to completely stop these rogue internet pharmacies from delivering prescription drugs into this State and, therefore, the provisions of this subchapter shall be liberally construed to effect its remedial purpose.

Del. Code tit. 16, § 4743 Definitions.

The following definitions shall be applicable to this subchapter: (1) “Board” means the Delaware Board of Pharmacy; (2) “Delaware patient” means any person residing within or outside of this State who requests an internet pharmacy deliver a prescription drug order to a location within this State; (3) “Electronic mail” or “e-mail” shall mean any message transmitted through the Internet including, but not limited to, messages transmitted to or from any address affiliated with an internet site; (4) “Internet” means collectively the international network of interconnected government, educational and commercial computer networks, including equipment and operating software; (5) “Internet pharmacy” means any person or entity maintaining an internet site which solicits or receives, or offers to solicit or receive, prescription drug orders to be dispensed and delivered to patients, including Delaware patients, by means of the United States Postal Service or any other delivery service. The term “internet pharmacy” does not include a pharmacy which has been issued a valid permit or license by the Board; (6) “Internet site” means a specific location on the internet that is determined by internet protocol numbers, domain name, or both, including, but not limited to, domain names that use the designations “.com,” “.edu,” “.gov,” “.net” and “.org.” (7) “Licensed Delaware pharmacist” means a pharmacist licensed by the Board to engage in the practice of pharmacy in this State; (8) “Link,” with respect to the Internet, means 1 or more letters, words, numbers, symbols, or graphic items that appear on a page of an internet site for the purpose of serving, when activated, as a method for executing an electronic command: a. To move from viewing 1 portion of a page on such site to another portion of the page; or b. To move from viewing 1 page on such site to another page on such site; or c. To move from viewing a page on 1 internet site to a page on another internet site.

Del. Code tit. 16, § 4744 Prohibited practices; penalties.

(a) (1) An internet pharmacy shall not sell, dispense, distribute or deliver or offer to sell, dispense, distribute or deliver or participate in the sale, distribution, dispensing or delivery of any prescription drug to a Delaware patient unless the practitioner issuing the prescription drug order to be filled or dispensed by the internet pharmacy is a licensed practitioner who has a patient-practitioner relationship with the Delaware patient; and (2) An internet pharmacy or any owner or operator thereof who knowingly violates this subsection is guilty of a class D felony and shall be fined not less than $2,500 nor more than $25,000 for each offense; provided, however, that if an internet pharmacy or any owner or operator thereof knowingly violates this subsection and the substance or prescription drug dispensed causes death or serious physical injury to a Delaware patient, the internet pharmacy or any owner or operator thereof is guilty of a class B felony and shall be fined not less than $25,000 nor more than $100,000 for each offense. (b) (1) An internet pharmacy or any owner or operator thereof shall not advertise or represent by advertisement, sales presentation or direct communication with any person within this State, including by telephone, facsimile, electronic mail or otherwise, that a prescription drug may be obtained by a Delaware patient based on an internet consultation, questionnaire or medical history form submitted to the internet pharmacy through an internet site. This subsection shall not apply to any internet pharmacy or internet site which advises in a clear and visible manner on each page of its internet site, or by link to a separate page, that it will not deliver or ship prescription drugs to a location within this State. (2) An internet pharmacy or any owner or operator thereof who knowingly violates this subsection is guilty of a class D felony and shall be fined not less than $2,500 nor more than $25,000 for each offense. (c) (1) A practitioner or any person acting as a practitioner within or outside of this State shall not issue a prescription drug order, by e-mail or otherwise, to or on behalf of a Delaware patient through an internet pharmacy unless the person is a licensed practitioner who has a patient-practitioner relationship with the Delaware patient. (2) A practitioner or any person acting as a practitioner who knowingly violates this subsection is guilty of a class D felony and shall be fined not less than $2,500 nor more than $25,000 for each offense; provided, however that if a practitioner or any person acting as a practitioner knowingly violates this subsection and the substance or prescription drug dispensed causes death or serious physical injury to a Delaware patient, then the practitioner or person acting as a practitioner is guilty of a class B felony and shall be fined not less than $25,000 nor more than $100,000 for each offense. (3) The provisions of this subsection shall not apply to a licensed practitioner who inadvertently allows that licensed practitioner’s own respective license or permit to lapse for a period of less than 60 days. (d) (1) A licensed Delaware pharmacist practicing within or outside of this State shall not dispense or authorize the dispensing of a prescription drug order, by e-mail or otherwise, to or on behalf of a Delaware patient through an internet pharmacy if: a. The licensed Delaware pharmacist knows that the prescription order was issued solely on the basis of an internet consultation or questionnaire or medical history form submitted to an internet pharmacy through an internet site; or b. The licensed Delaware pharmacist knows that the prescription order was issued by a practitioner who is not a licensed practitioner or by a licensed practitioner who does not have a patient-practitioner relationship with the Delaware patient. (2) Any licensed Delaware pharmacist who violates this subsection is guilty of a class F felony and shall be fined not less than $1,000 nor more than $10,000 for each offense. (e) (1) No person within or outside of this State shall purchase, attempt to purchase, offer to purchase or submit an order to purchase, by e-mail or otherwise, any prescription drug from an internet pharmacy to be delivered to a location within this State unless the person has been issued a valid prescription drug order from licensed practitioner with whom the person has a patient-practitioner relationship. (2) A person who knowingly violates this subsection shall be guilty of a class A misdemeanor and shall be fined not less than $100 nor more than $1,000 for each offense. (f) The Superior Court shall have exclusive jurisdiction over any offense defined in this subchapter. In any prosecution for an offense prohibited by this subchapter, the delivery of a prescription drug to a location within this State shall constitute a result occurring within this State for purposes of establishing jurisdiction under § 204 of Title 11. (g) In any prosecution for an offense defined in this subchapter it shall not be a defense that a Delaware patient or any recipient or intended recipient of a prescription drug order is not prosecuted, convicted or punished based upon the same act or transaction. (h) Nothing in this section shall be construed to limit or prevent the Attorney General or applicable professional board from taking any civil or administrative action permitted by law against an internet pharmacy, practitioner, pharmacist or other person violating the provisions of this subchapter.

Del. Code tit. 16, § 4745 Seizure of unlawfully delivered prescription drugs.

(a) Any prescription drug which is ordered, sold, dispensed or delivered in violation of this subchapter is hereby declared to be contraband and may be seized by any peace officer authorized to enforce the provisions of this subchapter. (b) Any prescription drugs seized pursuant to this subchapter shall be subject to forfeiture pursuant to the provisions and procedures set forth in § 4784 of this title.

Del. Code tit. 16, § 4750 State-legal marijuana activities.

The offenses and penalties provided for in this chapter do not apply to marijuana-related conduct allowed under the Delaware Medical Marijuana Act, Chapter 49A of this title or the Delaware Marijuana Control Act, Chapter 13 of Title 4.

Del. Code tit. 16, § 4751A Aggravating factors related to drug offenses.

For the purposes of this subchapter: (1) Each of the following is an “aggravating factor” within the meaning of the offenses in this subchapter: a. The offense was committed within a protected school zone, as defined in § 4701 of this title. b.-d. [Repealed.] e. The defendant, during or immediately following the commission of any offense in this did 1 of the following: 1. Intentionally prevented or attempted to prevent a law-enforcement officer, as defined in § 222 of Title 11, from effecting an arrest or detention of the defendant by use of force or violence towards the law-enforcement officer. 2. Intentionally fled in a vehicle from a law-enforcement officer, as defined in § 222 of Title 11, while the law-enforcement officer was effecting an arrest or detention of the defendant, thereby creating a substantial risk of physical injury to other persons. (2) When a defendant is alleged to have committed an offense under this subchapter with an aggravating factor under paragraph (1)e.1. of this section, the defendant may be charged with resisting arrest under § 1257 of Title 11 or the offense to which the aggravating factor applies, but not both. (3) For an aggravating factor under paragraph (1)a. of this section to be charged, a defendant must commit the conduct of an offense under this subchapter in a protected school zone. The aggravating factor under paragraph (1)a. of this section may not be charged if a defendant commits the conduct of an offense under this subchapter outside a protected school zone but is arrested in a protected school zone.

Del. Code tit. 16, § 4751C Quantity tiers related to drug offenses.

For the purposes of this subchapter: (1) “Tier 3 Controlled Substances Quantity’' means: a. 25 grams or more of cocaine or of any mixture containing cocaine, as described in § 4716(b)(4) of this title; b. 5 grams or more of any morphine, opium or any salt, isomer or salt of an isomer thereof, including heroin, as described in § 4714 of this title, or of any mixture containing any such substance; c. 5000 grams or more of marijuana, as described in § 4701(28) of this title; d. 25 grams or more of methamphetamine, including its salt, isomer or salt of an isomer thereof, or of any mixture containing any such substance, as described in § 4716(d)(3) of this title; e. 25 grams or more of amphetamine, including its salts, optical isomers and salt of its optical isomers, or of any mixture containing any such substance, as described in § 4716(d)(1) of this title; f. 25 grams or more of phencyclidine, or of any mixture containing any such substance, as described in § 4716(e)(5) of this title; g. 500 or more doses or, in a liquid form, 50 milligrams or more of lysergic acid diethylamide (LSD), or any mixture containing such substance, as described in § 4714(d)(9) of this title; h. 62.5 or more doses or 12.5 or more grams or 12.5 milliliters or more of any substance as described in § 4714 of this title that is not otherwise set forth in this section, a designer drug as described in § 4701(10) of this title, or of any mixture containing any such substance; i. 62.5 or more doses or 12.5 or more grams or 12.5 milliliters or more of 3,4-methylenedioxymethamphetamine (MDMA), its optical, positional and geometric isomers, salts and salts of isomers, or any mixture containing such substance, as described in § 4714(d)(21) of this title. (2) “Tier 2 Controlled Substances Quantity” means: a. 10 grams or more of cocaine or of any mixture containing cocaine, as described in § 4716(b)(4) of this title; b. 2 grams or more of any morphine, opium or any salt, isomer or salt of an isomer thereof, including heroin, as described in § 4714 of this title, or of any mixture containing any such substance; c. 1500 grams or more of marijuana, as described in § 4701(28) of this title; d. 10 grams or more of methamphetamine, including its salt, isomer or salt of an isomer thereof, or of any mixture containing any such substance, as described in § 4716(d)(3) of this title; e. 10 grams or more of amphetamine, including its salts, optical isomers and salt of its optical isomers, or of any mixture containing any such substance, as described in § 4716(d)(1) of this title; f. 10 grams or more of phencyclidine, or of any mixture containing any such substance, as described in § 4716(e)(5) of this title; g. 50 or more doses or, in a liquid form, 5 milligrams or more of lysergic acid diethylamide (LSD), or any mixture containing such substance, as described in § 4714(d)(9) of this title; h. 25 or more doses or 5 or more grams or 5 milliliters or more of any substance as described in § 4714 of this title that is not otherwise set forth in this section, a designer drug as described in § 4701(10) of this title, or of any mixture containing any such substance; i. 25 or more doses or 5 or more grams or 5 milliliters or more of 3,4-methylenedioxymethamphetamine (MDMA), its optical, positional and geometric isomers, salts and salts of isomers, or any mixture containing such substance, as described in § 4714(d)(21) of this title; or j. 60 or more substantially identical doses of a narcotic Schedule II or III controlled substance that is a prescription drug, or 6 grams or more of any mixture that contains a narcotic Schedule II or III controlled substance that is a prescription drug. (3) “Tier 1 Controlled Substances Quantity” means: a. 5 grams or more of cocaine or of any mixture containing cocaine, as described in § 4716(b)(4) of this title; b. 1 gram or more of any morphine, opium or any salt, isomer or salt of an isomer thereof, including heroin, as described in § 4714 of this title, or of any mixture containing any such substance; c. 175 grams or more of marijuana, as described in § 4701(28) of this title; d. 5 grams or more of methamphetamine, including its salt, isomer or salt of an isomer thereof, or of any mixture containing any such substance, as described in § 4716(d)(3) of this title; e. 5 grams or more of amphetamine, including its salts, optical isomers and salt of its optical isomers, or of any mixture containing any such substance, as described in § 4716(d)(1) of this title; f. 5 grams or more of phencyclidine, or of any mixture containing any such substance, as described in § 4716(e)(5) of this title; g. 25 or more doses or, in a liquid form, 2.5 milligrams or more of lysergic acid diethylamide (LSD), or any mixture containing such substance, as described in § 4714(d)(9) of this title; h. 12.5 or more doses or 2.5 or more grams or 2.5 milliliters or more of any substance as described in § 4714 of this title that is not otherwise set forth in this section, a designer drug as described in § 4701(10) of this title, or of any mixture containing any such substance; i. 12.5 or more doses or 2.5 or more grams or 2.5 milliliters or more of 3,4-methylenedioxymethamphetamine (MDMA), its optical, positional and geometric isomers, salts and salts of isomers, or any mixture containing such substance, as described in § 4714(d)(21) of this title; or j. 30 or more substantially identical doses of a narcotic Schedule II or III controlled substance that is a prescription drug, or 3 grams or more of any mixture that contains a narcotic Schedule II or III controlled substance that is a prescription drug. (4), (5) [Transferred to (2), (3).]

Del. Code tit. 16, § 4751D Knowledge of weight or quantity not an element of the offense; proof of weight or quantity.

(a) In any prosecution under this subchapter, in which the weight or quantity of a controlled substance is an element of the offense, the State need not prove that the defendant had any knowledge as to the weight or quantity of the substance possessed. The State need only prove that the defendant knew that the substance was possessed; and, that the substance was that which is alleged, and that the substance weighed a certain amount or was in a certain quantity. (b) In any prosecution under this subchapter, in which the quantity of a controlled substance is an element of the offense, and the controlled substance is alleged to be a “prescription drug’' as defined in § 4701 of this title, and the alleged prescription drug consists of multiple doses that appear to be substantially identical, evidence that a chemist or other qualified witness properly tested one dose, and found the presence of a controlled substance, shall be prima facie evidence that the “substantially identical doses’' each contained the controlled substance that is a prescription drug for purposes of determining whether the State has proven the number of doses constituting the Tier quantities set forth in § 4751C(2)j. or (3)j. of this title. Nothing in this subsection precludes the right of any party to introduce any evidence supporting or contradicting evidence offered pursuant to this subsection. (c) The identity or composition of a controlled substance, or a mixture containing a controlled substance, may be established by utilizing a hypergeometric sampling plan or other scientifically accepted methodology.

Del. Code tit. 16, § 4752 Drug dealing or possession; class B felony.

(a) Except as authorized by this chapter, it is unlawful for any person to do any of the following: (1) Manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance in a Tier 3 quantity. (2) Possess a controlled substance in a Tier 3 quantity. (3) Manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance in a Tier 2 quantity and an aggravating factor applies. (b) Violation of subsection (a) of this section is a class B felony.

Del. Code tit. 16, § 4752B Drug dealing — Resulting in death; class B felony.

(a) A person is guilty of drug dealing resulting in death when the person delivers a Schedule I or II controlled substance in Tier 1 or greater quantity to another person in violation of this chapter, and said controlled substance thereafter causes the death of another person who uses or consumes it. (b) It is not a defense to a prosecution under this section that the defendant did not directly deliver the controlled substance to the decedent. (c) It is an affirmative defense to a prosecution under this section that the defendant made a good faith effort to promptly seek, provide, or obtain emergency medical or law-enforcement assistance to another person who was experiencing a medical emergency after using a Schedule I or II controlled substance, and whose death would otherwise form the basis for criminal liability under this section. (d) Any person who violates subsection (a) of this section is guilty of a class B felony.

Del. Code tit. 16, § 4753 Drug dealing or possession; class C or E felony.

(a) Except as authorized by this chapter, it is unlawful for any person to do any of the following: (1) Manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance in a Tier 2 quantity. (2) Possess a controlled substance in a Tier 2 quantity. (b) (1) Violation of subsection (a)(1) of this section is a class C felony. (2) Violation of subsection (a)(2) of this section is a class E felony

Del. Code tit. 16, § 4753A Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3, 4-methylenedioxymethamphetamine (MDMA) [Repealed].

Del. Code tit. 16, § 4754 Drug dealing; class D felony.

(a) Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with the intent to manufacture or deliver a controlled substance. (b) Violation of subsection (a) of this section is a class D felony.

Del. Code tit. 16, § 4754A Possession and delivery of non-controlled prescription drug [Repealed].

[Repealed by 78 Del. Laws, c. 13, § 41, and substantially reenacted by § 57 of that act as present § 4761 of this title, effective September 1, 2011.]

Del. Code tit. 16, § 4756 Drug possession; class G felony.

(a) Except as authorized by this chapter, it is unlawful for any person to possess a controlled substance in a Tier 1 quantity. (b) Violation of subsection (a) of this section is a class G felony.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 4761 Illegal possession and delivery of noncontrolled prescription drugs.

(a) Any person who knowingly or intentionally possesses, uses or consumes any prescription drug that is not a controlled substance but for which a prescription is required shall be guilty of an unclassified misdemeanor, unless: (1) The possession, use or consumption of such substance was by a person who obtained the substance directly from, or pursuant to, a valid prescription or order of a licensed practitioner; (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 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) [Repealed.] (c) A violation of subsection (a) of this section by a person who delivers or intends to deliver the prescription drug to another is a class G felony. (d) A violation of subsection (a) of this section by a person who delivers or intends to deliver the prescription drug to another and an aggravating factor applies, is a class F felony. (e) Affirmative defenses. — (1) In any prosecution under this section, it is an affirmative defense that the prescription drug was possessed by the person while transporting the prescription drug to a member of the person’s household who possessed a valid prescription for the drug, and the prescription was in the original container in which it was dispensed or packaged, a pill box, or other daily pill container. (2) In any prosecution under this section, it is an affirmative defense that the prescription drug was possessed or consumed within the residence of the person, that a member of the person’s household possessed a valid prescription for the drug, that the possession or consumption by the person was for the purpose of treating an illness and that the drug in question was approved for the specific illness. (f) Proof. — In any prosecution under this section, proof that a substance is a particular prescription drug may be inferred from its labeling and any representations on the substance. Proof by testimony from a scientist is not required.

Del. Code tit. 16, § 4761A Tianeptine; possession.

(a) 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 the possession of tianeptine by an individual. (b) The manufacturing, selling, or delivery of tianeptine remains unlawful and is subject to penalties imposed by this chapter.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 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.]

Del. Code tit. 16, § 4764 Possession of marijuana; class B misdemeanor, unclassified misdemeanor, or civil violation [For application of this section, see 80 Del. Laws, c. 38, § 6].

(a) [Repealed.] (b) Any person who knowingly or intentionally uses, consumes, or possesses other than a personal use quantity of a controlled substance or a counterfeit controlled substance classified in § 4714(d)(19) of this title, except as otherwise authorized by this chapter, shall be guilty of an unclassified misdemeanor and be fined not more than $575, imprisoned not more than 3 months, or both. (c) (1), (2) [Repealed.] (3) A person under 21 years of age who knowingly or intentionally possesses, uses, or consumes a personal use quantity of a controlled substance or a counterfeit controlled substance classified in § 4714(d)(19) of this title, must be assessed a civil penalty of $100 for a first violation of this subsection and a civil penalty of not less than $200 nor more than $500 for a second violation of this subsection and is guilty of an unclassified misdemeanor and must be fined $100 for a third or subsequent violation of this subsection. A peace officer having reasonable grounds to believe that a juvenile has committed a violation of this subsection may issue the juvenile a civil citation in lieu of a civil penalty. (4) [Repealed.] (d) Any person who knowingly or intentionally uses or consumes up to a personal use quantity of a controlled substance or a counterfeit controlled substance classified in § 4714(d)(19) of this title in an area accessible to the public or in a moving vehicle, except as otherwise authorized by this chapter, shall be guilty of an unclassified misdemeanor and be fined not more than $200, imprisoned not more than 5 days, or both. For purposes of this section “area accessible to the public’' means any of the following: (1) Sidewalks, streets, alleys, parking lots, parks, playgrounds, stores, restaurants, and any other areas to which the general public is invited. (2) Any outdoor location within a distance of 10 feet from a sidewalk, street, alley, parking lot, park, playground, store, restaurant, or any other area to which the general public is invited. (3) Any outdoor location within a distance of 10 feet from the entrances, exits, windows that open, or ventilation intakes of any public or private building. (e) Information concerning a civil offense classified in subsection (c) of this section shall not appear on a person’s certified criminal record. (f) Nothing contained herein shall be construed to repeal or modify any law concerning the medical use of marijuana or tetrahydrocannabinol in any other form, such as Marinol, or the possession of more than 1 ounce of marijuana, or selling, manufacturing, or trafficking in marijuana. (g) Nothing contained herein shall be construed to repeal or modify existing laws, ordinances or bylaws, regulations, personnel practices, or policies concerning the operation of motor vehicles or other actions taken while under the influence of marijuana. (h) [Repealed.] (i) Any person who was convicted of a single criminal offense under subsection (c) of this section, as it is in effect on or before July 31, 2019, and who was under the age of 21 at the time of the offense may, upon reaching the age of 21, apply for an expungement of the record of the conviction and any indicia of arrest to the court in which the person was convicted. For violations of a criminal offense under subsection (c) of this section, as it is in effect on or before July 31, 2019, an order granting such expungement shall issue upon proof that the person has reached the age of 21, unless the person has failed to comply with the sentencing order or the person has another charge under this section which remains outstanding. Upon issuance of the order of expungement, the records of the conviction and any indicia of arrest shall be dealt with in accordance with the procedures specified in subchapter VII of Chapter 43 of Title 11. Nothing in this section prohibits a court from expunging a record of conviction as otherwise provided by law. The application for or granting of a pardon under §§ 4361 through 4364 of Title 11 does not prohibit an expungement under this section. All sentencing orders for violations of a criminal offense under subsection (c) of this section, as it is in effect on or before July 31, 2019, by persons under the age of 21 at the time of the offense must state that the record of the conviction may be expunged upon reaching the age of 21 and thereafter. The civil filing fee applies to applications for expungement plus a $100 fee payable to the State Bureau of Identification for administrative costs. (j) [Repealed.]

Del. Code tit. 16, § 4764A Legal marijuana-related activity [Effective until Oct. 21, 2026].

(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. (d) (1) A person or entity in the business of, or employed or contracted by an entity in the business of, receiving deposits, extending credit, processing funds transfers, transporting cash or financial instruments, or providing accounting or other financial services is not subject to criminal prosecution under Delaware law solely by virtue of providing any such service in compliance with Delaware law to a marijuana establishment licensed under Chapter 13 of Title 4 or to a compassion center or safety compliance facility registered under Chapter 49A of this title. (2) For the purposes of this section, “person or entity” includes a state or federally-chartered bank or credit union, an armored car or other money transporter service operating under a license issued by the State Bank Commissioner under Chapter 32 of Title 5, a person or entity lending money under a license issued under Chapter 22 of Title 5, a certified public accountant or certified public accounting firm permitted or performing services under a practice privilege under Chapter 1 of Title 24, or a public accountant or public accounting firm permitted under Chapter 1 of Title 24.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 4767 First offenders controlled substances diversion program.

(a) Any person who: (1) Has not previously been convicted of any offense under this chapter or under any statute of the United States or of any state thereof relating to narcotic drugs, marijuana, or stimulant, depressant, hallucinogenic drug or other substance who is charged through information or indictment with possession or consumption of a controlled substance under § 4763, § 4764, or § 4761(a) of this title; and (2) Has not previously been afforded first offender treatment under this section or its predecessor, may qualify for the first offense election at the time of the person’s arraignment, except that no person shall qualify for such first offense election where the offense charged under § 4763, § 4764, or § 4761(a) of this title arises from the same transaction, factual setting or circumstances as those contained in any indictment returned against the defendant alleging violation of any provisions contained within § 4752 or § 4753 of this title. (b) At time of arraignment any person qualifying under subsection (a) of this section as a first offender and who elects treatment under this section shall admit possession or consumption of a controlled substance by entering a plea of guilty, as a first offender. The court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the accused on probation for a period of not less than 1 1 / 2 years, the terms and conditions of which shall include but not be limited to: (1) Revocation of the person’s driver’s license and/or privileges within this State for a period of not less than 6 months, restoration of which shall be contingent upon successful completion of all mandatory terms and conditions required of probation to be completed during the term of revocation. Upon entry of a plea of guilty, as a first offender under this section, the clerk of the court or other person designated by the court shall forthwith report that fact to the Division of Motor Vehicles for action consistent with the provisions of this subsection. The Division of Motor Vehicles may issue a conditional license during this period of revocation upon written certification by the person’s probation officer that a narrowly drawn conditional license is necessary for the limited purpose of performing the terms and conditions of probation. (2) Performance of a minimum of 20 hours of community service work monitored by the court or probation office, performance of which shall be accomplished on at least 3 separate days and shall not, in any event consist of segments lasting more than 8 hours in succession. Community service performed pursuant to the terms of this paragraph shall be in addition to all other community service ordered and no community service ordered or performed pursuant to the terms of this section shall be performed or served concurrently with any other court ordered or approved community service. (3) Completion of a 16-hour first-offender drug rehabilitation program, licensed by the Secretary of the Department of Health and Social Services and paid for by the first offender. (4) Other such terms and conditions as the court may impose. (c) If a term or condition of probation is violated, or if the defendant is found to have illegally possessed or consumed any controlled substance within 1 1 / 2 years of the entry of a plea under this section, the probation officer shall file with the court a written report of same, and the defendant shall be brought before the court and upon determination by the court that the terms have been violated or that the defendant has possessed or consumed any such controlled substance, the court shall enter an adjudication of guilt upon the record and proceed as otherwise provided under this title. (d) Upon fulfillment of the terms and conditions of probation, including, but not limited to, paying of all costs and fees, and performance of all required community service, the court shall discharge the person and dismiss the proceedings against the person and shall simultaneously therewith submit to the Attorney General a report thereof which shall be retained by the Attorney General for use in future proceedings, if required. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Any person who elects to be treated as a first offender under this section shall, by so doing, agree to pay the costs of the person’s prosecution as a condition. There may be only 1 discharge and dismissal under this section with respect to any person.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 4769 Criminal immunity for persons who suffer or report an alcohol or drug overdose or other life threatening medical emergency.

(a) For purposes of this chapter: (1) “Medical provider” means the person whose professional services are provided to a person experiencing an overdose or other life-threatening medical emergency by a licensed, registered or certified health-care professional who, acting within the health-care professional’s lawful scope of practice, may provide diagnosis, treatment or emergency services. (2) “Overdose” means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of an ethyl alcohol, a controlled substance, another substance with which a controlled substance was combined, a noncontrolled prescription drug, or any combination of these, including any illicit or licit substance; provided that a person’s condition shall be deemed to be an overdose if a layperson could reasonably believe that the condition is in fact an overdose and requires medical assistance. (b) A person who is experiencing an overdose or other life-threatening medical emergency and anyone (including the person experiencing the emergency) seeking medical attention for that person shall not be arrested, charged or prosecuted for an offense for which they have been granted immunity pursuant to subsection (c) or (d) of this section, or subject to the revocation or modification of the conditions of probation, if all of the following conditions are met: (1) The person seeking medical attention reports in good faith the emergency to law enforcement, the 911 system, a poison control center, or to a medical provider, or if the person in good faith assists someone so reporting. (2) The person provides all relevant medical information as to the cause of the overdose or other life-threatening medical emergency that the person possesses at the scene of the event when a medical provider arrives, or when the person is at the facilities of the medical provider. (c) The immunity granted shall apply to all offenses in this chapter that are not class A, B, or C felonies, including but not limited to the following offenses: (1) Miscellaneous drug crimes as described in § 4757(a)(3), (6), and (7) of this title; (2) Illegal possession and delivery of noncontrolled prescription drugs as described in § 4761 of this title; (3) Possession of controlled substances or counterfeit controlled substances, as described in § 4763 of this title; (4) Possession of drug paraphernalia as described in §§ 4762(c) [repealed] and 4771 of this title; (5) Possession of marijuana as described in § 4764 of this title. (d) The immunity granted shall apply to offenses relating to underage drinking as described in § 904(b), (c), (e), and (f) of Title 4. (e) Nothing in this section shall be interpreted to prohibit the prosecution of a person for an offense other than an offense for which they have been granted immunity pursuant to subsection (c) and/or (d) of this section or to limit the ability of the Attorney General or a law-enforcement officer to obtain or use evidence obtained from a report, recording, or any other statement provided pursuant to subsection (b) of this section to investigate and prosecute an offense other than an offense for which they have been granted immunity pursuant to subsection (c) and/or (d) of this section. (f) Forfeiture of any alcohol, substance, or paraphernalia referenced in this section shall be allowed pursuant to § 4784 of this title and Chapter 11 of Title 4.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 4773 Exemptions.

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 [repealed] of this title.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 4775 Consideration of factors.

Transferred to § 4772 of this title by 73 Del. Laws, c. 359, § 2, effective July 8, 2002.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 4782 Administrative inspections and warrants.

(a) Issuance and execution of administrative inspection warrants shall be as follows: (1) Any person authorized to issue search warrants in this State may, within the person’s jurisdiction and upon proper oath or affirmation showing probable cause, issue warrants for the purpose of conducting administrative inspections authorized by this chapter or rules hereunder and seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this chapter or rules hereunder, sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant. (2) A warrant shall issue only upon an affidavit of a designated officer or employee having knowledge of the facts alleged, sworn to before the judge or justice of the peace and establishing the grounds for issuing the warrant. If the judge or justice of the peace is satisfied that grounds for the application exist or that there is probable cause to believe they exist, the judge shall issue a warrant identifying the area, premises, building or conveyance to be inspected, the purpose of the inspection and, if appropriate, the type of property to be inspected, if any. The warrant shall: a. State the grounds for its issuance, and the name of each person whose affidavit has been taken in support thereof; b. Be directed to a person authorized by § 4781 of this title to execute it; c. Command the person to whom it is directed to inspect the area, premises, building or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified; d. Identify the item or types of property to be seized, if any; and e. Direct that it be served during normal business hours and designate the judge or justice of the peace to whom it shall be returned. (3) A warrant issued pursuant to this section must be executed and returned within 10 days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least 1 credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant. (4) The judge or justice of the peace who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the Prothonotary in the county in which the inspection was made. (b) The Secretary may make administrative inspections of controlled premises in accordance with the following provisions: (1) For purposes of this section only, “controlled premises” means: a. Places where persons registered or exempted from registration requirements under this chapter are required to keep records; and b. Places including factories, warehouses, establishments and conveyances in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance. (2) When authorized by an administrative inspection warrant issued pursuant to subsection (a) of this section, an officer or employee designated by the Secretary, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection. (3) When authorized by an administrative inspection warrant, an officer or employee designated by the Secretary may: a. Inspect and copy records required by this chapter to be kept; b. Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in paragraph (b)(5) of this section, all other things therein, including records, files, papers, processes, controls and facilities bearing on violation of this chapter; and c. Inventory any stock of any controlled substance therein and obtain samples thereof. (4) This section does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant: a. If the owner, operator or agent in charge of the controlled premises consents; b. In situations presenting imminent danger to health or safety; c. In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant; d. In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or, e. In all other situations in which a warrant is not constitutionally required. (5) An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator or agent in charge of the controlled premises consents in writing.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 4784 Forfeitures.

(a) The following are subject to forfeiture to the State pursuant to the procedure and limitations set forth in this section: (1) All controlled substances which have been manufactured, distributed, possessed, dispensed or acquired in violation of this chapter; (2) All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of this chapter; (3) Any property which is used, or intended for use, as a container for property described in paragraph (a)(1), (2) or (6) of this section; (4) Except as provided by paragraphs (a)(4)a. through (a)(4)d. of this section, any conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, or possession with intent to deliver property described in paragraph (a)(1) or (2) of this section. a. A vehicle used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section only if the State proves by a preponderance of the evidence the owner or other person in charge of the vehicle is a consenting party or privy to a violation of this chapter. b. A vehicle is subject to forfeiture under this section only if the State establishes by a preponderance of the evidence that a violation of this chapter occurred with the owner’s knowledge or consent. c. A vehicle is not subject to forfeiture for a violation of § 4761, § 4763 or § 4764 of this title. d. A forfeiture of a vehicle encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the unlawful act or omission. The burden is on the State to prove the secured party’s knowledge of or consent to the unlawful act or omission; (5) All books, records, and research products and materials including formulas, microfilm, tapes and data which are used or intended for use in violation of this chapter; (6) All drug paraphernalia as defined in § 4701(18) of this title; (7) Moneys, negotiable instruments, securities or any other thing of value furnished, or intended to be furnished, in exchange for a controlled substance or drug paraphernalia in violation of this chapter; all profits or proceeds traceable to securities, assets or interest used, or intended to be used, to facilitate any violation of this chapter. However, a property interest of an owner in items listed in this paragraph is not subject to forfeiture by reason of any unlawful act or omission unless the State establishes by a preponderance of the evidence that the act or omission occurred with the owner’s knowledge or consent. Currency in an amount less than $500 may not be forfeited under this section. a., b. [Repealed.] c. To the extent that assets, interests, profits and proceeds forfeitable under this paragraph (i) cannot be located, (ii) have been transferred, sold to or deposited with third parties, or (iii) have been placed beyond the jurisdiction of the State, the court, following conviction of the individual charged, may direct forfeiture of such other assets of the defendant as may be available, limited in value to those assets that would otherwise be forfeited under this paragraph. Upon petition of the defendant, the court may authorize redemption of assets forfeited under this paragraph, provided the assets described in this paragraph are surrendered or otherwise remitted by such defendant to the jurisdiction of the court; and (8) Except as provided by paragraphs (a)(8)a. through (a)(8)d. of this section, any real property which is used, or is intended for use, to store, grow, manufacture, compound, process, deliver, import, or export any controlled substance in violation of this chapter. a. Real property is subject to forfeiture under this section only if the State proves by a preponderance of the evidence that the unlawful act or omission was committed or omitted with the owner’s knowledge or consent. b. Real property being leased out by its owner shall be subject to forfeiture under this section only if the State proves by a preponderance of the evidence that the owner of the real property is a consenting party or privy to the violation of this chapter. c. No real property shall be subject to forfeiture for a violation of § 4759, § 4761, § 4763, or § 4764 of this title. d. A forfeiture of real property encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the unlawful act or omission. (b) Notwithstanding any other provisions of the laws of this State or rules of court, the procedures listed in subsections (c) through ( l ) of this section are applicable to the administrative forfeiture of property subject to forfeiture under this section. (c) Property subject to forfeiture under this chapter may be seized by the Secretary upon process issued by any Superior Court having jurisdiction over the property. Seizure without process may be made if: (1) The seizure made is pursuant to subchapter I of Chapter 23 of Title 11 or an inspection under an administrative inspection warrant; (2) The property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal, injunction or forfeiture proceeding based upon this chapter; (3) The Secretary has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or (4) The Secretary has probable cause to believe that the property was used or intended to be used in violation of this chapter. (d) In the event of seizure pursuant to subsection (c) of this section, proceedings under subsections (e) and (j) of this section shall be instituted promptly. (e) Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the Secretary subject only to the orders and decrees of the Superior Court. When property is seized under this chapter, the Secretary may: (1) Place the property under seal; (2) Remove the property to a place designated by the Secretary; or (3) Require the Department of Safety and Homeland Security to take custody of the property and remove it to an appropriate location for disposition in accordance with law. (f) When property is forfeited under this chapter, the Secretary may do any of the following: (1) Retain it for official use. (2) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds may be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs. (3) Allow the arresting agency or any other law-enforcement division to use the property for the purpose of law enforcement provided that any proceeds remaining after the payment of expenses and any money forfeited or realized from forfeited property must be deposited to the Special Law Enforcement Assistance Fund for the use of the State for the purposes as established by the Attorney General with the concurrence of the Director of the Office of Management and Budget and the Controller General. (4) Require the Department of Safety and Homeland Security to take custody of the property and remove it for disposition in accordance with law. (5) Forward it to the Administration for disposition. (g) Controlled substances listed in Schedule I that are possessed, transferred, sold or offered for sale in violation of this chapter are contraband and shall be seized and summarily forfeited to the State. Controlled substances listed in Schedule I, the owners of which are unknown, which are seized or come into the possession of the State are contraband and shall be summarily forfeited to the State. (h) Species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this chapter or of which the owners or cultivators are unknown or which are wild growths may be seized and summarily forfeited to the State. (i) The failure, upon demand by the Secretary or the Secretary’s authorized agent, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to produce an appropriate registration or proof that the person is the holder thereof constitutes authority for the seizure and forfeiture of the plants. (j) Property seized pursuant to this section that is not summarily forfeited pursuant to subsection (g) or (h) of this section shall be forfeited to the State upon application to the Superior Court. The application must include, for each item requested to be forfeited, a statement of the unlawful act or omission to which it is alleged to be connected and, if the item is not currency, the approximate value of the item. If, within 45 days of notification of seizure to all known parties having possessory interest in the seized property by registered or certified mail to the last known post-office address of the parties in interest and by publication in a newspaper of general circulation in this State, no person has instituted proceedings in the Superior Court for return of property, the Court may order the property automatically forfeited if the application is facially sufficient. (1), (2) [Repealed.] (k) Other than property subject to summary forfeiture under subsection (g) or (h) of this section, property may not be seized or forfeited pursuant to this chapter unless a criminal offense is charged. ( l ) Property ordered by the Court to be returned to its owner must be returned forthwith and the party in possession of the property pending the determination is responsible and personally liable for the property from the time of seizure to the time of return, including any fees associated with towing, storage, or maintenance of the property.

Del. Code tit. 16, § 4785 Burden of proof; liabilities; attorneys’ fees.

(a) The State has the burden to prove all material facts in a forfeiture proceeding by a preponderance of the evidence. (b) Where the property subject to a proceeding is claimed to be the property of a person who is not a criminal defendant, that person has the burden of production to show 1 of the following: (1) The person held a legal right, title, or interest in the property seized at the time the illegal conduct that gave rise to the seizure of the property occurred. (2) The person acquired as a bona fide purchaser for value a legal right, title, or interest in the property subject to forfeiture after the commission of the crime that gave rise to the seizure of the property. (c) If a person meets the burden of production to show they are an innocent owner pursuant to subsection (b) of this section, the State must prove by a preponderance of the evidence that the owner had knowledge of or consented to the unlawful acts or omissions that gave rise to the forfeiture. (d) Other than the liability set forth in § 4784( l ) of this title, 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. (e) In any civil proceeding to forfeit property in which the claimant property owner substantially prevails, the State shall be liable for reasonable attorneys’ fees and other litigation costs reasonably incurred by the claimant.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 4787 Education and research.

(a) The Secretary shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs the Secretary may: (1) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations; (2) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances; (3) Consult with interested groups and organizations to aid them in solving administrative and organizational problems; (4) Evaluate procedures, projects, techniques and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances; (5) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; (6) Assist in the education and training of state and local law-enforcement officials in their efforts to control misuse and abuse of controlled substances; and (7) Require such evidence of completion of courses of professional education requirements needed for registration, or subsequent renewal of registration, as the Secretary deems appropriate. (b) The Secretary shall encourage research on misuse and abuse of controlled substances. In connection with the research and in furtherance of the enforcement of this chapter the Secretary may: (1) Establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse; (2) Make studies and undertake programs of research to: a. Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this chapter; b. Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and c. Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances; and (3) Enter into contracts with public agencies, institutions of higher education and private organizations or individuals for the purpose of conducting research, demonstrations or special projects which bear directly on misuse and abuse of controlled substances. (c) The Secretary may enter into contracts for educational and research activities without performance bonds. (d) The Secretary may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained. (e) The Secretary may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization.

Del. Code tit. 16, § 4788 Public reporting.

(a) The Department of Justice shall compile and publish on its website an annual report that includes all of the following information: (1) The number of seizures made pursuant to this subchapter or any other provision of Delaware law and whether the property seized was currency, a conveyance, real estate, or other property. (2) The amount of currency seized in each instance, or where the property seized is nonmonetary, an estimated value of the seized property. (3) The lead charge in the criminal case associated with each seizure. (4) Aggregate data on the race, ethnicity, age, and gender of persons whose property was seized. (5) The number of seizures where the associated criminal case ended in each of the following: a. A conviction, guilty or no contest plea, or entry into a pretrial diversion program. b. A dismissal, acquittal, or nonprosecution. (6) The number of cases where each of the following occurred: a. Property was ordered forfeited by the Court after a petition for return of property is filed under § 4784(j) of this title. b. Property was ordered forfeited by the Court after failure to file a petition for return of property under § 4784(j) of this title. c. Property was forfeited pursuant to a plea or nonprosecution agreement. d. Property was ordered by the Court to be returned to the owner. e. Property was returned to the owner without a court order. (7) The number of seizures by each law-enforcement agency in the State. (8) The number of seizures referred, transferred, or otherwise diverted to a federal agency for prosecution or forfeiture proceedings and a description of the property and an accounting of any funds returned to any Delaware state or local agency as a result of the federal forfeiture. (9) In forfeiture proceedings that were contested, the number of petitioners who were represented by counsel and the number who proceeded pro se. (10) The total number of applications for forfeiture made by the State and the number of applications in which any party filed a petition for return of property. For this purpose, where an application for forfeiture contains property from more than 1 seizure, the property from each separate seizure should be counted as 1 application. (11) Total value of proceeds collected from the sale of forfeited property and total proceeds delivered to the General Fund from the sale of forfeited property. (b) The Department of Justice shall deliver a copy of the annual report to the Governor, the Chief Justice, the Office of Defense Services, the Chair of the Senate Corrections & Public Safety Committee, the Chair of the House Public Safety and Homeland Security Committee, the Director and Librarian of the Division of Legislative Services, and the Public Archives.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 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, except as specified in subsection (e) of this section. (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, except as specified in subsection (e) of this section. (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. (e) Conduct that constitutes a violation of § 4764 of this title that is alleged to have occurred within the City of Newark by persons 18 years old or older may by brought initially before the Alderman’s Court of the City of Newark pursuant to an ordinance of the City of Newark that criminalizes conduct that constitutes a violation of § 4764(b) or (d) of this title or that imposes a civil penalty for conduct that constitutes a violation of § 4764(c) of this title. (1) The Alderman’s Court of the City of Newark and the Court of Common Pleas have concurrent jurisdiction over violations of an ordinance of the City of Newark that criminalizes conduct that constitutes a violation of § 4764(b) and (d) of this title that are committed within the City of Newark by persons 18 years of age and older. (2) The Alderman’s Court of the City of Newark and the Justice of the Peace Court have concurrent jurisdiction over violations of an ordinance of the City of Newark that imposes a civil penalty for conduct that constitutes a violation of § 4764(c) of this title that are committed within the City of Newark by persons 18 years of age and older.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 4798 The Delaware Prescription Monitoring Program [For application of this section, see 85 Del. Laws, c. 19, § 3].

(a) It is the intent of the General Assembly that the Delaware Prescription Monitoring Act established pursuant to this section serves as a means to promote public health and welfare and to detect the illegal use of controlled substances. The Delaware Prescription Monitoring Act shall have the dual purpose of reducing misuse and diversion of controlled substances in the State while promoting improved professional practice and patient care. (b) Definitions. — (1) “Administer” or “administration” means the direct application of a drug to the body of a patient by injection, inhalation, ingestion, or any other means. (2) “Chemical dependency professional” means a person who uses addiction counseling methods to assist an individual or group to develop an understanding of alcohol and drug dependency problems, define goals, and plan action reflecting the individual’s or group’s interest, abilities and needs as affected by addiction problems. (3) “Controlled substance” means any substance or drug defined, enumerated or included in this chapter and Title 21, Code of Federal Regulations. (4) “Dispense” or “dispensing” means the interpretation, evaluation, and implementation of a prescription drug or, including the preparation and delivery of a drug to a patient or patient’s agent in a suitable container appropriately labeled for subsequent administration to, or use by, a patient. (5) “Dispenser” means a person authorized by this State to dispense or distribute to the ultimate user any controlled substance or drug monitored by the program, but shall not include any of the following: a licensed health care facility pharmacy that dispenses, distributes or administers any controlled substance, or drug monitored by the program, for the purposes of inpatient care, or any emergency department dispensing a controlled substance for immediate use. (6) [Repealed.] (7) “Drug” means any of the following: a. Any substance recognized as a drug in the official compendium, or supplement thereto, designated by the Office of Controlled Substances for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans. b. Any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease or pain in humans. c. Any substance other than food intended to affect the structure or any function of the body of humans. (8) “Drugs of concern” means drugs other than controlled substances as defined by rule which demonstrate a potential for abuse or diversion. (9) “Licensed professional counselor of mental health” means an individual licensed as a professional counselor of mental health who publicly offers to render to individuals, groups, organizations or the general public a service involving the application of clinical counseling principles, methods or procedures and the diagnosis and treatment of mental and emotional disorders to assist individuals in achieving more effective personal and social adjustment. (10) “Patient” means the person who is the ultimate user of a controlled substance or drug monitored by the program for whom a prescription is issued and for whom a controlled substance or drug is dispensed. (11) “Prescriber” means a licensed health care professional with the authority to write and issue prescriptions, except it shall not include: a. A prescriber or other authorized person who administers such controlled substance or drug upon the lawful order of a prescriber. b. A prescriber or other authorized person who, in providing emergency patient care in a healthcare facility, causes the administration of a controlled substance for immediate relief of symptoms arising from an acute condition. c. A prescriber or other authorized person who prescribes up to a 72-hour supply of a controlled substance for on call services or emergency care. d. A veterinarian who prescribes for the purpose of providing veterinary services. (12) “Prescription monitoring information” means data submitted to and maintained by the prescription monitoring program established under this section. (13) “Prescription Monitoring Program” or “PMP” means the electronic program established by this section. (14) “Public health surveillance” means the continuous, systematic collection, analysis, and interpretation of health-related data needed for the planning, implementation, and evaluation of public health practice. Public health surveillance may be used for all of the following purposes: a. An early warning system for impending public health emergencies. b. To document the impact of an intervention. c. To track progress towards specified goals. d. Monitor and clarify the epidemiology of health problems. e. Establish public health priorities. f. Inform public health policy and strategies. (c) The Office of Controlled Substances shall establish and maintain a PMP program to monitor the prescribing and dispensing of all Schedule II, III, IV and V controlled substances by prescribers in this State, and to research the prescribing and dispensing of drugs of concern. The PMP must not interfere with the legal use of a controlled substance or drug of concern. The PMP may be used for the following purposes: (1) Provide information to prescribers, dispensers, and patients to help avoid the illegal use of controlled substances. (2) Assist law enforcement to investigate illegal activity related to the prescribing, dispensing, and consumption of controlled substances or drugs of concern. (3) Effectuate the collection and storage of prescription monitoring information in a manner designed to minimize inconvenience to patients and prescribing medical practitioners. (4) Assist the State Epidemiologist in public health surveillance for the purpose of reducing the burden of disease around substance use disorder. (d) A dispenser including those dispensing an amount deemed medically necessary for a 72-hour supply, shall submit the required information regarding each prescription dispensed for a controlled substance, in accordance with the transmission methods and frequency established by regulation issued by the Office of Controlled Substances. When needed for bona fide research purposes and in accordance with applicable regulation, the Office of Controlled Substances may require a dispenser to submit the required information regarding each prescription dispensed for a drug of concern, but in no event should dispensers be required to submit such information any more frequently than that required for controlled substances. The following information shall be submitted for each prescription: (1) Pharmacy name; (2) Dispenser DEA registration number; (3) Dispenser National Provider Identifier (NPI); (4) Date drug was dispensed; (5) Prescription number; (6) Whether prescription is new or a refill; (7) NDC code for drug dispensed; (8) Quantity dispensed; (9) Approximate number of days supplied; (10) Patient name and date of birth; (11) Patient address; (12) Prescriber DEA registration number and name; (13) Prescriber NPI; (14) Date prescription issued by prescriber. (e) When a dispenser has a reasonable belief that a patient may be seeking a controlled substance listed in Schedule II, III, IV or V for any reason other than the treatment of an existing medical condition, the dispenser shall obtain a patient utilization report regarding the patient for the preceding 12 months from the Prescription Monitoring Program before dispensing the prescription. (f) A prescriber, or other person authorized by the prescriber, shall obtain, before writing a prescription for a controlled substance listed in Schedule II, III, IV or V for a patient, a patient utilization report regarding the patient for the preceding 12 months from the computerized program established by the Office of Controlled Substances when the prescriber has a reasonable belief that the patient may be seeking the controlled substance, in whole or in part, for any reason other than the treatment of an existing medical condition. The prescriber shall review the patient utilization report to assess whether the prescription for the controlled substance is necessary. (g) A licensed chemical dependency professional or licensed professional counselor of mental health may obtain a patient utilization report from the Prescription Monitoring Program for patients enrolled in substance abuse treatment programs receiving treatment from, or under the direction of, the chemical dependency professional or professional counselor of mental health. (h) The Chief Medical Examiner or licensed physician designee may obtain a patient utilization report from the Prescription Monitoring Program for the purpose of investigating the death of an individual. (i) The Office of Controlled Substances may issue a waiver to a prescriber who is unable to access prescription information by electronic means. A prescriber who is unable to access prescription information by electronic means shall obtain a waiver from the OCS on annual basis until such time they can access the prescription information by electronic means. (j) Unless a court of competent jurisdiction makes a finding of gross negligence, malice or criminal intent, the Office of Controlled Substances, any other state agency, any prescriber or dispenser, or any person or entity in proper possession of information pursuant to this statute is not subject to civil liability, administrative action or other legal or equitable relief for any of the following acts or omissions: (1) Furnishing information pursuant to this section. (2) Receiving, using or relying on, or not using or relying on, information received pursuant to this section. (3) Information that was not furnished to the Office of Controlled Substances. (4) Information that was factually incorrect or that was released by the Office of Controlled Substance to the wrong person or entity. (k) Prescription information submitted to the PMP is protected health information, not subject to public or open records law, and not subject to disclosure, except as otherwise provided in this section. ( l ) The Office of Controlled Substances shall maintain procedures to ensure that the privacy and confidentiality of patients and patient information collected, recorded, transmitted, and maintained is not disclosed, except as provided for in this section. (1) If there is reasonable cause to believe a violation of law or breach of professional standards may have occurred, the Office of Controlled Substances shall notify the appropriate law-enforcement or professional licensure, certification, or regulatory agency or entity and shall provide prescription information required for an investigation. If there is reasonable cause to believe a breach of professional standards may have occurred, the PMP Advisory Committee shall notify the professional licensure, certification, or regulatory agency or entity and shall provide prescription information required for an investigation. In determining whether reasonable cause exists under this paragraph, the Office of Controlled Substances shall regularly examine data generated by the PMP, and promptly seek the direct input of the PMP Advisory Committee with respect to any cases that meet objective thresholds set by the PMP Advisory Committee. Agencies receiving referrals pursuant to this subsection shall promptly inform the Office of Controlled Substances of the disposition of any referral, and the reason for that disposition. (2) The Office of Controlled Substances may provide data in the prescription monitoring program in the form of a report to the following persons: a. A prescriber, or other person authorized by the prescriber, or a dispenser, or other person authorized by the dispenser, who requests information and certifies that the requested information is for the purpose of providing medical or pharmaceutical treatment to a bona fide patient; b. An individual who requests the individual's own prescription monitoring information in accordance with procedures established pursuant to regulations; c. A designated representative of any Board or Commission pursuant to § 8735(a) of Title 29 responsible for the licensure, regulation, or discipline of prescribers, dispensers or other persons authorized to prescribe, administer, or dispense controlled substances and who is involved in a bona fide specific investigation involving a designated person; d. A local, state, or federal law-enforcement or prosecutorial official engaged in the administration, investigation, or enforcement of the laws governing controlled substances and who is involved in a bona fide specific drug-related investigation in which a report of suspected criminal activity involving controlled substances by an identified suspect has been made, and provided that such information be relevant and material to such investigation, limited in scope to the extent reasonably practicable in light of the purpose for which the information is sought, and include identifying information only upon a showing of need; e. The Delaware Department of Health and Social Services regarding Medicaid program recipients and to assess compliance with Chapter 25C of this title. f. A properly convened grand jury pursuant to a subpoena properly issued for the records; g. Personnel of the Division of Professional Regulation for purposes of administration and enforcement of this section; h. A licensed chemical dependency professional or licensed professional counselor of mental health who requests information and certifies that the requested information is for a patient enrolled in a substance abuse treatment program receiving treatment from, or under the direction of the chemical dependency professional or professional counselor of mental health. i. The Chief Medical Examiner or licensed physician designee who requests information and certifies the request is for the purpose of investigating the death of an individual. j. Qualified personnel for the purpose of bona fide research or education; however, data elements that would reasonably identify a specific recipient, prescriber or dispenser must be deleted or redacted from such information prior to disclosure; and further provided that, release of the information may be made only pursuant to a written agreement between qualified personnel and the Office of Controlled Substances in order to ensure compliance with this subsection. k. A law-enforcement or regulatory agency in connection with any referral required by paragraph ( l )(1) of this section. l . The PMP Advisory Committee and the Addiction Action Committee, including identified prescriber and dispenser information. Information provided under this paragraph ( l )(2) l . of this section is not a public record under § 10002 of Title 29. m. The Drug Overdose Fatality Review Commission in furtherance of its duties and responsibilities set forth in § 4799C of this title. n. The Secretary of the Department of Health and Social Services, the Secretary of State, and the Attorney General for purposes of administering and enforcing the Prescription Opioid Impact Fund under Chapter 48B of this title. (m) The Division of Professional Regulation may contract with another agency of this State or with a private vendor, as necessary, to ensure the effective operation of the prescription monitoring program. A contractor shall comply with the provisions regarding confidentiality of prescription information under this section is subject to the penalties specified in this section for any unlawful acts. (n) The Office of Controlled Substances may promulgate regulations setting forth the procedures and methods for implementing this section. (o) The Office of Controlled Substances shall design and implement an evaluation component to identify cost-benefits of the Prescription Monitoring Program, including its effect on diversion and abuse of controlled substances and drugs of concern, and other information relevant to policy, research and education involving controlled substances and drugs of concern monitored by the Prescription Monitoring Program. (1) The Office of Controlled Substances shall report to the General Assembly the information obtained pursuant to this subsection on an annual basis. (2) To the extent such information is made available to the Office of Controlled Substances, the report may include information and data, including surveys, polls, or other data from multi-disciplinary experts and stakeholders, relating to the negative or positive impact of the prescription monitoring program on appropriate prescribing practices of controlled substances and drugs of concern. (3) The Office of Controlled Substances shall provide data in the PMP in the form of a report to the Office of the State Epidemiologist in the Division of Public Health, for the purpose of reviewing and analyzing public health surveillance data related to drug overdoses. (p) The Office of Controlled Substances may exchange prescription information submitted to the PMP through an interstate commission with an authorized member state. (q) A dispenser who fails to submit prescription monitoring information to the Office of Controlled Substances PMP as required by this section, or who knowingly submits incorrect prescription information, shall be subject to disciplinary sanction pursuant to Title 24. (r) A person authorized to have prescription monitoring information pursuant to this section who knowingly discloses this information in violation of this section is guilty of a class G felony and, upon conviction, shall be fined not more than $5,000 nor imprisoned more than 2 years, or both. (s) A person authorized to have prescription monitoring information pursuant to this section who intentionally uses this information in the furtherance of other crimes is guilty of a class E felony and, upon conviction, shall be fined not more than $10,000 nor imprisoned more than 5 years, or both. (t) A person not authorized to have prescription monitoring information pursuant to this section who obtains such information fraudulently is guilty of a class E felony and, upon conviction, shall be fined not more than $10,000 nor imprisoned more than 5 years, or both. (u) A prescriber who holds a controlled substance registration issued pursuant to § 4732 of this title must be registered with the Prescription Monitoring Program. A prescriber who is issued a controlled substance registration for the first time shall register with the Prescription Monitoring Program within 90 days of issuance. Failure to comply with this subsection may result in disciplinary action pursuant to § 4735 of this title. (v) A PMP Advisory Committee is hereby established to provide input, advice, and guidance to the Office of Controlled Substances regarding the maintenance of the PMP. Its duties and powers shall include, but not be limited to, all of the following: (1) Development of specific criteria for use by the Office of Controlled Substances in referring prescription monitoring information to the Advisory Committee for consideration of notification of law-enforcement or professional licensing agencies under paragraph ( l )(1) of this section. (2) Discussion of referrals made under paragraph (v)(1) of this section and recommendations to the Office of Controlled Substances regarding notification of law-enforcement or professional licensing agencies under paragraph ( l )(1) of this section. (3) Recommending improvements in the operation of the PMP, including interoperability with other state PMPs and electronic health information systems and improvements of prescriber and dispenser access to and use of the PMP. (w) In carrying out its duties under subsection (v) of this section: (1) Information provided to the PMP Advisory Committee shall be provided in a redacted manner that does not identify the patient, prescriber, dispenser, or other person who is the subject of the information. If the PMP Advisory Committee determines that a referral should be made pursuant to subsection ( l ) of this section, the Office of Controlled Substances shall make the appropriate referral using unredacted information. (2) The PMP Advisory Committee’s documents and meetings in connection with paragraphs (v)(1) and (v)(2) of this section shall not constitute public information, and shall not be subject to open record laws. (3) The PMP Advisory Committee shall consist of the following members: a. A member designated by the Medical Society of Delaware. b. A member designated by the Delaware Pharmacists Society. c. A member representing patients’ rights designated by the Secretary of Health and Social Services. d. A representative designated by the Delaware Department of Justice. e. A representative designated by the Secretary of Homeland Security. f. Two public members with relevant experience nominated by the Governor and confirmed by the Senate. (4) The members of the PMP Advisory Committee shall serve at the pleasure of their respective designating agencies. The members shall elect a chairman from among their membership.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 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.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c047/sc01/index.htmlFetched: 10/4/2026

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