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

16 Del. C. § 4756 (2026)

Drug possession; class G felony

✓ current as of May 2026
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(a) Except as authorized by this chapter, it is unlawful for any person to possess a controlled substance in a Tier 1 quantity.

(b) Violation of subsection (a) of this section is a class G felony.

78 Del. Laws, c. 13, §  54;  82 Del. Laws, c. 217, § 10; 
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2016–2023 · leading case: United States v. Oliveira, 287 F. Supp. 3d 97 (D. Me. 2017).
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United States v. Oliveira, 287 F. Supp. 3d 97 (D. Me. 2017). “16 Del. C. § 4756 ("Aggravated Possession"); § 4751C(5)(a).”
State v. Secrest (Del. Super. Ct. 2016). “During the course of the State’s investigation of these alleged crimes, the Justice of the Peace Court issued two search warrants for client/patient lists maintained by Kent Sussex Counseling Services in an effort to determine whether certain individuals were patients of that…”
Mack v. State (Del. 2021). “The Superior Court denied the motion, finding that Mack was 1 Specifically, Mack’s conviction for aggravated possession under 16 Del. C. § 4756 (a class F felony at the time he committed the crime) meant that he would be sentenced as if convicted of drug dealing under 16 Del.”
State v. Cromwell (Del. Super. Ct. 2023). “3 16 Del. C. § 4756. 1 Possession of a Firearm During the Commission of a Felony,4 Possession of a Firearm by a Person Prohibited,5 Possession of Marijuana6 and Failure to Signal.”
— 16 Del. C. § 4756(a)(3) — 1 case
State v. Secrest (Del. Super. Ct. 2016). “During the course of the State’s investigation of these alleged crimes, the Justice of the Peace Court issued two search warrants for client/patient lists maintained by Kent Sussex Counseling Services in an effort to determine whether certain individuals were patients of that…”
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