Delaware Code

16 Del. C. § 4758 (2026)

Unlawful dealing in a counterfeit or purported controlled substance; class E felony

✓ current as of May 2026

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(a) Any person who knowingly manufactures, delivers, attempts to manufacture or deliver, or possesses with the intent to manufacture or deliver a counterfeit or purported controlled substance shall be guilty of a class E felony.

(b) It is no defense to prosecution under this section that the substance actually is a controlled substance or that the accused believed the substance was a controlled substance.

78 Del. Laws, c. 13, § 55;

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: Valentine v. State (Del. 2019).

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Valentine v. State (Del. 2019). “§ 6106(a)(1), 16 Del. C. § 4758—the statute that covers counterfeit controlled substances—is not a violent felony.”

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