Delaware Code

16 Del. C. § 4722 (2026)

Schedule V

✓ current as of May 2026
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(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.

16 Del. C. 1953, §  4722;  58 Del. Laws, c. 424, §  1
Notes of Decisions
Cited in 9 cases, 1971–1974 · leading case: Kreisher v. State, 319 A.2d 31 (Del. 1974).
Kreisher v. State, 319 A.2d 31 (Del. 1974). · cites it 4× “CAREY, Justice: These appeals are taken by Alan Kent Kreisher, who was found guilty in the Superior Court of possession of marihuana, in violation of 16 Del.C. § 4722, 1 and possession of hashish, in violation of the same, *32 provision.”
State v. Roberts, 282 A.2d 603 (Del. 1971). · cites it 2× “" The defendants were charged with possession of dangerous drugs, possession with intent to sell, and maintenance of a place for the illegal keeping and selling of dangerous drugs, in violation of 16 Del.C. §§ 4722, 4724, and 4710. The arrests followed the search of residences…”
Wilson v. State, 314 A.2d 905 (Del. 1973). “HERRMANN, Chief Justice: The defendant seeks review of his conviction for possession of dangerous drugs (16 Del.C. § 4722) and for possession of a deadly weapon by one convicted of a felony (11 Del.”
Redden v. State, 281 A.2d 490 (Del. 1971). “Accordingly, the judgment below is reversed; and the cause is remanded with instructions to enter a judgment of conviction and impose a new sentence, under 16 Del.C. § 4722, upon the lesser offense of simple possession.”
Rash v. State, 318 A.2d 603 (Del. 1974). “I Defendants were charged with a violation of 16 Del.C. § 4722 in that they unlawfully had possession of a dangerous drug (marijuana).”
State v. Wausnock, 303 A.2d 636 (Del. 1973). “There he found a smoker’s pipe with screen-type diaphragm in the bowl; and in the open ash tray on the dash board, the officer found a hand rolled cigarette.”
Lis v. State, 327 A.2d 746 (Del. 1974). “I On January 25, 1972 defendant was found guilty of possession of a dangerous drug (marijuana) in violation of 16 Del.C. § 4722 (now § 4754). He was sentenced to two years in prison but execution thereof was suspended and probation was ordered for two years.”
Aaron v. State, 275 A.2d 791 (Del. 1971). “The reason is that the appellant was charged with a violation of 16 Del.C. § 4722 which proscribes all possession of marijuana without exception.”
Dougherty v. State, 310 A.2d 634 (Del. 1973). “16 Del.C. § 4722. The appeal is addressed to the propriety of the search under the Fourth Amendment.”
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