Del. C. » Title 16 — Food and Drugs · CHAPTER 47. Uniform Controlled Substances Act · Health and Safety
Delaware Code

16 Del. C. § 4753 (2026)

Drug dealing or possession; class C or E 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 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

78 Del. Laws, c. 13, §   40;  82 Del. Laws, c. 217, § 7; 
Notes of Decisions
Cited in 26 cases (5 in the last 5 years), 2000–2025 · leading case: Johnson v. State, 884 A.2d 475 (Del. 2005).
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Johnson v. State, 884 A.2d 475 (Del. 2005). “See 16 Del. C. § 4753 (2005). 3 . 10 Del. C. § 512(a)(4) ("Each Commissioner serving under this chapter shall have.”
In Re Howard, 765 A.2d 39 (Del. 2000). “4(b) by possessing and using cocaine in violation of 16 Del. C. § 4753, and by soliciting and requesting that another person sell drugs to Howard in violation of 11 Del.”
State v. Campusano-Tejada (Del. Super. Ct. 2020). · cites it 5× “(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.”
In re a Member of the Bar of the Supreme Court of the State of Delaware: Howard, 765 A.2d 39 (Del. 2000). “16 Del. C. § 4753. . Delaware Lawyers’ Rules of Professional Conduct Rule 8.”
State v. Spady (Del. Super. Ct. 2019). · cites it 2× “Spady pled no contest on January 6, 2016, to one count of Drug Dealing, 16 Del. C. § 4753(2). He faced three additional counts of Drug Dealing, two counts of Conspiracy Second Degree, one count of Possession of Marijuana, and one count of Possession of Drug Paraphernalia.”
Kelley v. State (Del. 2019). · cites it 2× “After reviewing Kelley’s criminal history, the Superior Court found that Kelley was charged with, and pleaded guilty to, drug dealing under 16 Del. C. § 4753(2), a Class C felony and a violent felony under 11 Del.”
State v. Sudler (Del. Super. Ct. 2019). · cites it 2× “He faced the following charges: one count of Possession of a Firearm During the Commission of a Felony; one count of Possession of Ammunition by a Person Prohibited; one count of Possession of a Deadly Weapon and Illegal Drug; one count of Possession of a Firearm by a Person…”
State v. Rochester (Del. Super. Ct. 2021). · cites it 2× “§ 1447A, and one count of Drug Dealing with Aggravating Factors, 16 Del. C. §4753. Consistent with the recommended sentences contained in Mr.”
Gantier v. State (Del. 2024). · cites it 2× “00 found on Gantier was consistent with drug dealing, a rational jury could find Gantier guilty beyond a reasonable doubt of drug dealing (tier 2—heroin).”
Gray v. State (Del. 2017). “(2) The record reflects that Gray pled guilty on July 1, 2015 to one count of Drug Dealing with an aggravating factor under 16 Del C. § 4753(2). The Superior Court sentenced him to fifteen years at Level V incarceration, to be suspended after eighteen months for six months at…”
State v. Preston (Del. Super. Ct. 2018). “FREUD, Commissioner October 12, 2018 The defendant, David Preston (“Preston”), pled guilty on April 4, 2017, after a jury had been picked in his case, to one count of Drug Dealing, 16 Del. C. § 4753(2) and one count of Possession of a Firearm Dun`ng the Comrnission of a Felony,…”
State v. Spady (Del. Super. Ct. 2018). “Spady (“Spady”), pled no contest on January 6, 2016, to one count of Drug Dealing, 16 Del. C. § 4753(2). He Was also facing three additional counts of Drug Dealing, two counts of Conspiracy Second Degree, one count of Possession of Marijuana, and one count of Possession of Drug…”
Show all 26 citing cases →
— 16 Del. C. § 4753(1) — 4 cases
State v. Morris (Del. Super. Ct. 2019).
State v. Montes-Galindez (Del. Super. Ct. 2020).
Campusano-Tejeda v. Savitz (D. Del. 2020).
Anderson v. State (Del. 2025).
— 16 Del. C. § 4753(2) — 11 cases
State v. Spady (Del. Super. Ct. 2019). “Spady pled no contest on January 6, 2016, to one count of Drug Dealing, 16 Del. C. § 4753(2). He faced three additional counts of Drug Dealing, two counts of Conspiracy Second Degree, one count of Possession of Marijuana, and one count of Possession of Drug Paraphernalia.”
Kelley v. State (Del. 2019). “After reviewing Kelley’s criminal history, the Superior Court found that Kelley was charged with, and pleaded guilty to, drug dealing under 16 Del. C. § 4753(2), a Class C felony and a violent felony under 11 Del.”
State v. Sudler (Del. Super. Ct. 2019). “He faced the following charges: one count of Possession of a Firearm During the Commission of a Felony; one count of Possession of Ammunition by a Person Prohibited; one count of Possession of a Deadly Weapon and Illegal Drug; one count of Possession of a Firearm by a Person…”
Gray v. State (Del. 2017). “(2) The record reflects that Gray pled guilty on July 1, 2015 to one count of Drug Dealing with an aggravating factor under 16 Del C. § 4753(2). The Superior Court sentenced him to fifteen years at Level V incarceration, to be suspended after eighteen months for six months at…”
State v. Preston (Del. Super. Ct. 2018). “FREUD, Commissioner October 12, 2018 The defendant, David Preston (“Preston”), pled guilty on April 4, 2017, after a jury had been picked in his case, to one count of Drug Dealing, 16 Del. C. § 4753(2) and one count of Possession of a Firearm Dun`ng the Comrnission of a Felony,…”
— 16 Del. C. § 4753(3) — 2 cases
State v. Swiggett (Del. Super. Ct. 2019).
State v. Campusano-Tejada (Del. Super. Ct. 2020). “(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.”
— 16 Del. C. § 4753(a)(1) — 1 case
Gantier v. State (Del. 2024). “00 found on Gantier was consistent with drug dealing, a rational jury could find Gantier guilty beyond a reasonable doubt of drug dealing (tier 2—heroin).”
— 16 Del. C. § 4753(a)(2) — 2 cases
Gantier v. State (Del. 2024). “00 found on Gantier was consistent with drug dealing, a rational jury could find Gantier guilty beyond a reasonable doubt of drug dealing (tier 2—heroin).”
Dillard v. State (Del. 2024).
— 16 Del. C. § 4753(c)(3) — 1 case
Mitchell v. State (Del. 2015).
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