(a) It shall be unlawful for any person to knowingly or intentionally possess, use, or consume a controlled substance or a counterfeit controlled substance (except a controlled substance or counterfeit controlled substance classified in § 4714(d)(19) of this title) unless:
(1) The possession, use or consumption of such substance was by a person who obtained the substance directly from or pursuant to, a lawful prescription or order; or
(2) The possession or transfer of such substance was for medical or scientific use or purpose by persons included in any of the following classes, or the agents or employees of such persons, for use in the usual course of their business or profession or in the performance of their official duties:
a. Pharmacists.
b. Practitioners.
c. Persons who procure controlled substances in good faith and in the course of professional practice only, by or under the supervision of pharmacists or practitioners employed by them, or for the purpose of lawful research, teaching, or testing, and not for resale.
d. Hospitals and healthcare facilities that procure controlled substances for lawful administration by practitioners, but only for use by or in the particular hospital.
e. Officers or employees of state, federal, or local governments acting in their official capacity only, or informers acting under their jurisdiction.
f. Common carriers.
g. Manufacturers, wholesalers, and distributors.
h. Law-enforcement officers for bona fide law-enforcement purposes in the course of an active criminal investigation.
(3) The possession or transfer is otherwise authorized by this chapter.
(b) Any person who violates subsection (a) of this section shall be guilty of a class B misdemeanor.
(c) [Repealed.]
78 Del. Laws, c. 13,
§
58;
82 Del. Laws, c. 217,
§
13;
Notes of Decisions
Cited in
17
cases (
6 in the last 5 years), 1974–2025 · leading case:
Powell v. Keve, 409 F. Supp. 228 (D. Del. 1976).
Powell v. Keve, 409 F. Supp. 228 (D. Del. 1976).
· cites it 3× “In emphasis of that claim, petitioners’ attorney points to the fact that while he was present, he did not actively participate in the trial, making no efforts to cross-examine the state’s witnesses or put on any defense witnesses.”
Lis v. State, 327 A.2d 746 (Del. 1974).
“II 16 Del.C. § 4763 provides in part: “§ 4763.”
Powell v. State, 332 A.2d 776 (Del. 1975).
“Ill Defendant Gary Powell had a prior conviction for possession of marijuana and, for the present offense, he was sentenced to a three-year term of incarceration under what the Court regarded as the minimum time required by 16 Del.C. § 4763(a), which reads: “(a) Previous…”
Boykin v. State (Del. 2018).
· cites it 2× “7 See 16 Del. C. § 4763(b) (providing that illegal possession of a controlled substance is a class B misdemeanor); 11 Del.”
Ortiz v. State (Del. 2023).
· cites it 2× “” 16 Del. C. § 4763(a)(3) (2002). 4 In its August 26, 2021 order, it appears that the Superior Court inadvertently referenced the applicable minimum-mandatory terms for drug trafficking as amended in 2004.”
State v. Ortiz (Del. Super. Ct. 2023).
· cites it 2× “See 16 Del. C. § 4763(a)(2) (2002).” 12 12. Both parties responded to the Court’s solicitation regarding the applicability of Fennell.”
State v. Adams (Del. Super. Ct. 2023).
· cites it 2× “Adams guilty of the following: one count of Possession of Cocaine, 16 Del. C. § 4763(a), as a lesser- included offense of Drug Dealing (cocaine); one count of Possession of Alprazolam, 16 Del.”
Ingram v. State (Del. 2014).
· cites it 2× “In 2011, 16 Del. C. § 4763 (2003) was repealed by 78 Del.”
State v. Murray (Del. Super. Ct. 2017).
“, those defined in the new 16 Del. C. §§ 4763(a) & 4764(b) - as Delaware’s lowest grade misdemeanors); ia'.”
State v. Murray (Del. Super. Ct. 2017).
“, those defined in the new 16 Del. C. §§ 4763(a) & 4764(b) _ as Delaware’s lowest grade misdemeanors); ia’.”
Wright v. State (Del. 2022).
“9, 2014) (concluding that the defendant was properly sentenced under the version of 16 Del. C. § 4763 in effect at the time of his crime).”
— 16 Del. C. § 4763(a) — 5 cases
Powell v. Keve, 409 F. Supp. 228 (D. Del. 1976).
“In emphasis of that claim, petitioners’ attorney points to the fact that while he was present, he did not actively participate in the trial, making no efforts to cross-examine the state’s witnesses or put on any defense witnesses.”
Powell v. State, 332 A.2d 776 (Del. 1975).
“Ill Defendant Gary Powell had a prior conviction for possession of marijuana and, for the present offense, he was sentenced to a three-year term of incarceration under what the Court regarded as the minimum time required by 16 Del.C. § 4763(a), which reads: “(a) Previous…”
State v. Adams (Del. Super. Ct. 2023).
“Adams guilty of the following: one count of Possession of Cocaine, 16 Del. C. § 4763(a), as a lesser- included offense of Drug Dealing (cocaine); one count of Possession of Alprazolam, 16 Del.”
State v. Murray (Del. Super. Ct. 2017).
“, those defined in the new 16 Del. C. §§ 4763(a) & 4764(b) - as Delaware’s lowest grade misdemeanors); ia'.”
State v. Murray (Del. Super. Ct. 2017).
“, those defined in the new 16 Del. C. §§ 4763(a) & 4764(b) _ as Delaware’s lowest grade misdemeanors); ia’.”
— 16 Del. C. § 4763(a)(2) — 1 case
State v. Ortiz (Del. Super. Ct. 2023).
“See 16 Del. C. § 4763(a)(2) (2002).” 12 12. Both parties responded to the Court’s solicitation regarding the applicability of Fennell.”
— 16 Del. C. § 4763(a)(3) — 7 cases
Ortiz v. State (Del. 2023).
“” 16 Del. C. § 4763(a)(3) (2002). 4 In its August 26, 2021 order, it appears that the Superior Court inadvertently referenced the applicable minimum-mandatory terms for drug trafficking as amended in 2004.”
State v. Ortiz (Del. Super. Ct. 2023).
“See 16 Del. C. § 4763(a)(2) (2002).” 12 12. Both parties responded to the Court’s solicitation regarding the applicability of Fennell.”
— 16 Del. C. § 4763(b) — 1 case
Boykin v. State (Del. 2018).
“7 See 16 Del. C. § 4763(b) (providing that illegal possession of a controlled substance is a class B misdemeanor); 11 Del.”
— 16 Del. C. § 4763(c) — 2 cases
Boykin v. State (Del. 2018).
“7 See 16 Del. C. § 4763(b) (providing that illegal possession of a controlled substance is a class B misdemeanor); 11 Del.”
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treatment. Dots show Syfertize treatment of the citing case itself.