Delaware Code
16 Del. C. § 4751 (2026)
Prohibited acts A; penalties [Repealed]
✓ current as of May 2026
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67 Del. Laws, c. 130,
§
15;
70 Del. Laws, c. 80,
§§
1-3;
76 Del. Laws, c. 108,
§§
1-3;
repealed by 78 Del. Laws, c. 13, § 32, eff. Sept. 1, 2011.;
Notes of Decisions
Cited in 19
cases (8 in the last 5 years), 1974–2026 · leading case: Anderson v. Redman, 429 F. Supp. 1105 (D. Del. 1977).
Anderson v. Redman, 429 F. Supp. 1105 (D. Del. 1977). “§ 4214 (1974) — habitual criminal statute provides in most instances for a life sentence without probation or parole; 16 Del.C. § 4751(b) (1974) — manufacture, delivery or possession or intent to sell certain drugs — 30 years without eligibility for parole; 16 Del.”
United States v. Gibbs, 656 F.3d 180 (3rd Cir. 2011). “with the intent to deliver same,” in violation of 16 Del. C. § 4751. (Id. at 28-29.) Gibbs pled guilty to the first count but not the second.”
State v. Cunningham, 405 A.2d 706 (Del. Super. Ct. 1979). “Post-conviction remedies under Rule 35 have been unavailable, and the result of sentencing under 16 Del.C. § 4751 is as uncertain as ever.”
Lunnon v. State, 710 A.2d 197 (Del. 1998). “§ 4753A(a)(2)(a)), possession with intent to deliver a narcotic Schedule II controlled substance (16 Del. C. § 4751(a)), possession of drug paraphernalia (16 Del.”
Hatcher v. State, 337 A.2d 30 (Del. 1975). “DUFFY, Justice: Defendant appeals from convictions for possession with intent to deliver a Narcotic Schedule I Controlled Substance (heroin), 16 Del.C. § 4751, and for maintaining a dwelling for delivering such substances, 16 Del.”
State v. Flowers, 330 A.2d 146 (Del. 1974). “1 I On January 16, 1974 defendant was found guilty of possession with intent to deliver a narcotic Schedule I Controlled Substance (heroin) in violation of 16 Del.C. § 4751. After trial and pending a presentence investigation he was released on bail.”
Ashley v. State, 988 A.2d 420 (Del. 2010). “16 Del. C. § 4751. 2 . The State entered a nolle prosequi on one count of Trafficking in Heroin.”
State v. Ortiz (Del. Super. Ct. 2023). “§4753A(a)(2)a, and 16 Del. C. § 4751, respectively, with the letters “FB” designating the charges as a class B felonies.”
State v. Ortiz (Del. Super. Ct. 2025). “Relevant to this motion, he was sentenced on the charge of possession with intent to deliver (“PWID”) to 20 years at level V, with the first 15 years being a mandatory term of incarceration pursuant to 16 Del. C. § 4751. 2. In his first Rule 35(a) motion, Ortiz argued that his…”
State v. Campusano-Tejada (Del. Super. Ct. 2020). “at 304 (1932) against prosecution for “Drug Dealing” pursuant to 16 Del. C. § 4751 pee Defendant entered a guilty plea for one count of Drug Dealing Heroin Tier 2 and one count of Conspiracy Second Degree.”
Purnell v. State (Del. 2021). “39 PWID was the offense formerly codified at 16 Del. C. § 4751, which was repealed by 78 Del.”
Adkins v. State (Del. 2022). “5 16 Del. C. § 4751 (repealed). 6 16 Del. C.”
— 16 Del. C. § 4751(a) — 3 cases
Lunnon v. State, 710 A.2d 197 (Del. 1998). “§ 4753A(a)(2)(a)), possession with intent to deliver a narcotic Schedule II controlled substance (16 Del. C. § 4751(a)), possession of drug paraphernalia (16 Del.”
State v. Ortiz (Del. Super. Ct. 2023). “§4753A(a)(2)a, and 16 Del. C. § 4751, respectively, with the letters “FB” designating the charges as a class B felonies.”
State v. Ortiz (Del. Super. Ct. 2025). “Relevant to this motion, he was sentenced on the charge of possession with intent to deliver (“PWID”) to 20 years at level V, with the first 15 years being a mandatory term of incarceration pursuant to 16 Del. C. § 4751. 2. In his first Rule 35(a) motion, Ortiz argued that his…”
— 16 Del. C. § 4751(b) — 1 case
Anderson v. Redman, 429 F. Supp. 1105 (D. Del. 1977). “§ 4214 (1974) — habitual criminal statute provides in most instances for a life sentence without probation or parole; 16 Del.C. § 4751(b) (1974) — manufacture, delivery or possession or intent to sell certain drugs — 30 years without eligibility for parole; 16 Del.”
— 16 Del. C. § 4751(c) — 1 case
Anderson v. Redman, 429 F. Supp. 1105 (D. Del. 1977). “§ 4214 (1974) — habitual criminal statute provides in most instances for a life sentence without probation or parole; 16 Del.C. § 4751(b) (1974) — manufacture, delivery or possession or intent to sell certain drugs — 30 years without eligibility for parole; 16 Del.”
— 16 Del. C. § 4751(d) — 1 case
Ortiz v. State (Del. 2023).
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