(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.]
16 Del. C. 1953,
§
4716;
58 Del. Laws, c. 424,
§
1;
59 Del. Laws, c. 59,
§
1;
66 Del. Laws, c. 66,
§
1;
67 Del. Laws, c. 201,
§
2;
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1969–2023 · leading case:
Dyton v. State, 250 A.2d 383 (Del. 1969).
Dyton v. State, 250 A.2d 383 (Del. 1969).
· cites it 2× “§ 4716 reads as follows: “(a) No person shall sell at retail or furnish to any person other than a duly licensed physician, dentist or veterinary surgeon, an instrument commonly known as a hypodermic syringe or an instrument commonly known as a hypodermic needle, or any…”
Tatman v. State, 320 A.2d 750 (Del. 1974).
“*751 HERRMANN, Chief Justice: The defendant appeals his conviction for possession of hypodermic needles and syringes [16 Del.C. § 4716(c) and (d)]. He asserts that the police violated the “knock- and-announce” rule, Dyton v.”
Brown v. State, 295 A.2d 575 (Del. 1972).
“§ 463] and possession of an hypodermic syringe [16 Del.C. § 4716(c)], the question is whether the search and seizure was reasonable and in conformity with the requirements of the Fourth Amendment, under the standards of Terry v.”
State v. Gula, 320 A.2d 752 (Del. Super. Ct. 1974).
“It was placed in Schedule II (16 Del.C. § 4716) on May 29, 1973 when the Governor signed into law an act of the General Assembly to that effect.”
Gala v. Bullock (Del. 2021).
· cites it 2× “16 Del. C. § 4716(b)(1). This means it has a high potential for abuse, is approved for medical use only with severe restrictions, and its abuse may lead to severe psychic or physical dependence.”
Gala, M.D. v. DE Bd. of Med. Licensure & Discipline (Del. Super. Ct. 2020).
“16 Del. C. § 4716(c)(6). It has a high potential for abuse, is approved for medical use only with severe restrictions, and its abuse may lead to severe psychic or physical dependence.”
State v. Cromwell (Del. Super. Ct. 2023).
“2 16 Del. C. § 4716(b)(4). 3 16 Del. C. § 4756.”
United States ex rel. Nash v. Anderson, 360 F. Supp. 866 (D. Del. 1973).
“§ 4725 (Count 1), and for the possession of a hypodermic needle, in violation of 16 Del.C. § 4716(c) (Count 2). Each petitioner was sentenced to ten years imprisonment on Count 1 and to three years imprisonment on Count 2, with the prison sentences of both counts to run…”
— 16 Del. C. § 4716(b)(1) — 1 case
Gala v. Bullock (Del. 2021).
“16 Del. C. § 4716(b)(1). This means it has a high potential for abuse, is approved for medical use only with severe restrictions, and its abuse may lead to severe psychic or physical dependence.”
— 16 Del. C. § 4716(b)(4) — 1 case
State v. Cromwell (Del. Super. Ct. 2023).
“2 16 Del. C. § 4716(b)(4). 3 16 Del. C. § 4756.”
— 16 Del. C. § 4716(c) — 3 cases
Tatman v. State, 320 A.2d 750 (Del. 1974).
“*751 HERRMANN, Chief Justice: The defendant appeals his conviction for possession of hypodermic needles and syringes [16 Del.C. § 4716(c) and (d)]. He asserts that the police violated the “knock- and-announce” rule, Dyton v.”
Brown v. State, 295 A.2d 575 (Del. 1972).
“§ 463] and possession of an hypodermic syringe [16 Del.C. § 4716(c)], the question is whether the search and seizure was reasonable and in conformity with the requirements of the Fourth Amendment, under the standards of Terry v.”
United States ex rel. Nash v. Anderson, 360 F. Supp. 866 (D. Del. 1973).
“§ 4725 (Count 1), and for the possession of a hypodermic needle, in violation of 16 Del.C. § 4716(c) (Count 2). Each petitioner was sentenced to ten years imprisonment on Count 1 and to three years imprisonment on Count 2, with the prison sentences of both counts to run…”
— 16 Del. C. § 4716(c)(6) — 2 cases
Gala, M.D. v. DE Bd. of Med. Licensure & Discipline (Del. Super. Ct. 2020).
“16 Del. C. § 4716(c)(6). It has a high potential for abuse, is approved for medical use only with severe restrictions, and its abuse may lead to severe psychic or physical dependence.”
Gala v. Bullock (Del. 2021).
“16 Del. C. § 4716(b)(1). This means it has a high potential for abuse, is approved for medical use only with severe restrictions, and its abuse may lead to severe psychic or physical dependence.”
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treatment. Dots show Syfertize treatment of the citing case itself.