Delaware Code
16 Del. C. § 4752 (2026)
Drug dealing or possession; class B felony
✓ current as of May 2026
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(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.
78 Del. Laws, c. 13, § 38; 82 Del. Laws, c. 217, § 6;Notes of Decisions
Cited in 59
cases (18 in the last 5 years), 1975–2026 · leading case: Marshall v. Pa. Bd. of Prob. & Parole, 200 A.3d 643 (Pa. Commw. Ct. 2018).
Marshall v. Pa. Bd. of Prob. & Parole, 200 A.3d 643 (Pa. Commw. Ct. 2018). “Specifically, a court in the State of Delaware, Kent County convicted Marshall for "DDEAL Tier 4 (F) Cocaine" under 16 Del. C. § 4752, and it sentenced him to eight years, custody level 5.”
State v. Adams, 364 A.2d 1237 (Del. Super. Ct. 1976). “The contention is that the violation of 16 Del.C. § 4752 which prohibits possession with intent to deliver a non-narcotic controlled substance occurring at a particular time is a single offense even though more than one substance prohibited by that section is involved.”
Pryor v. State, 453 A.2d 98 (Del. 1982). “16 Del.C. § 4752 provides: “§ 4752. Prohibited acts B; penalties.”
Wilson v. State, 343 A.2d 613 (Del. 1975). “*614 HERRMANN, Chief Justice (for the majority of the Court): The defendant seeks review of his conviction in the Superior Court on charges of possession of narcotic drugs with intent to sell (16 Del.C. § 4752); possession of a deadly firearm during the commission of a felony…”
Schramm v. State, 366 A.2d 1185 (Del. 1976). “§ 4754 (one with intent to deliver) 16 Del.C. § 4752 and one charge of conspiracy in the third degree 11 Del.”
Preston v. State, 338 A.2d 562 (Del. 1975). “HERRMANN, Chief Justice: Defendant appeals from his conviction for the sale of heroin in violation of 16 Del.C. § 4752. He seeks reversal of his conviction on two grounds: (1) that failure to compel the State to disclose the identity of an informer was reversible error; and (2)…”
Dunfee v. State, 346 A.2d 173 (Del. 1975). “McNEILLY, Justice: Defendant appeals from his conviction in Superior Court for possession with intent to deliver a non-narcotic schedule I controlled substance (marijuana) in violation of 16 Del.C. § 4752. He contends that evidence was unlawfully seized from his home pursuant to…”
Harrison v. Baylor, 548 F. Supp. 1037 (D. Del. 1982). “§ 1203; 16 Del.C. § 4752; 11 Del.C. § 512; 11 Del.”
Powell v. Keve, 409 F. Supp. 228 (D. Del. 1976). “The Powells were arraigned on January 23, 1974 in Delaware Superior Court on felony charges of delivery of marijuana under 16 Del.Code § 4752. On February 26, 1974 petitioners’ attorney, who had represented them at arraignment, learned that trial had been scheduled to begin…”
Powell v. State, 332 A.2d 776 (Del. 1975). “DUFFY, Justice: Defendants appeal from convictions of a felony (delivery of marijuana) in violation of 16 Del.C. § 4752. They argue that the Superior Court wrongfully denied them a trial continuance and that the sentences imposed were both cruel and unusual and unauthorized by…”
State v. Brown (Del. Super. Ct. 2018). “BroWn Was found guilty, following a jury trial on September 11, 2013, of one count of Drug Dealing Tier 4, 16 Del. C. § 4752(1); one count of Possession of Marijuana With Aggravating Factors, 16 Del.”
D. Marshall v. PBPP (Pa. Commw. Ct. 2018). “Specifically, a court in the State of Delaware, Kent County convicted Marshall for “DDEAL Tier 4 (F) Cocaine” under 16 Del. C. §4752, and it sentenced him to eight years, custody level 5.”
— 16 Del. C. § 4752(1) — 19 cases
Marshall v. Pa. Bd. of Prob. & Parole, 200 A.3d 643 (Pa. Commw. Ct. 2018). “Specifically, a court in the State of Delaware, Kent County convicted Marshall for "DDEAL Tier 4 (F) Cocaine" under 16 Del. C. § 4752, and it sentenced him to eight years, custody level 5.”
State v. Brown (Del. Super. Ct. 2018). “BroWn Was found guilty, following a jury trial on September 11, 2013, of one count of Drug Dealing Tier 4, 16 Del. C. § 4752(1); one count of Possession of Marijuana With Aggravating Factors, 16 Del.”
State of Delaware v. Dillard. (Del. Super. Ct. 2014).
Hansley v. State (Del. 2014).
State v. Rivera (Del. Super. Ct. 2016).
— 16 Del. C. § 4752(2) — 7 cases
Ellerbe v. State (Del. 2017).
Anderson v. State (Del. 2025).
Harris v. State (Del. 2018).
State v. Montes-Galindez (Del. Super. Ct. 2020).
Ellerbe v. Metzger (D. Del. 2022).
— 16 Del. C. § 4752(3) — 11 cases
State v. Swiggett (Del. Super. Ct. 2018).
State v. Brown (Del. Super. Ct. 2018). “BroWn Was found guilty, following a jury trial on September 11, 2013, of one count of Drug Dealing Tier 4, 16 Del. C. § 4752(1); one count of Possession of Marijuana With Aggravating Factors, 16 Del.”
State v. Rivera (Del. Super. Ct. 2016).
State v. Brown (Del. Super. Ct. 2018).
State v. Morris (Del. Super. Ct. 2019).
— 16 Del. C. § 4752(4) — 2 cases
Wiggins v. State (Del. 2020).
Chase v. Metzger (D. Del. 2022).
— 16 Del. C. § 4752(a) — 1 case
Johns v. State (Del. 2025).
— 16 Del. C. § 4752(a)(1) — 4 cases
Johnson v. State (Del. 2024).
Dillard v. State (Del. 2024).
Miller v. State (Del. 2025).
Best v. State (Del. 2026).
— 16 Del. C. § 4752(a)(2) — 2 cases
Johnson v. State (Del. 2024).
Dillard v. State (Del. 2024).
— 16 Del. C. § 4752(b) — 2 cases
White v. State (Del. 2020).
Stanley v. State (Del. 2022).
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