visit theft codes in Delaware ................................................ visit assault codes in Delaware
visit Burglary, Robbery and Motor Vehicle Theft...............return to felonies and misdemeanors
visit gang participation codes..... return to Criminal Defense Lawyer Richard Zemble home page
return to drug felonies..................................... visit the Delaware SENTAC Sentencing Chart
CHAPTER 47 of TITLE 16 in the Delaware code is the UNIFORM CONTROLLED SUBSTANCES ACT. I am selecting relevant sections of the code for your information. If you have any questions, please call the Law Office of Richard Zemble at 302-377-4471 or email Richard Zemble.
Whoever knowingly distributes a controlled substance or counterfeit controlled substance listed in Schedule I or II which is a narcotic drug to a person under 21 years of age is guilty of a class C felony.
Whoever knowingly distributes any other controlled substance or counterfeit controlled substance which is a nonnarcotic drug classified in Schedule I, II, III, IV or V to a person under 21 years of age is guilty of a class E felony.
In any prosecution for violation of paragraph (1) of this subsection, when the person to whom the narcotic drug has been distributed is under the age of 16, there shall be a mandatory minimum term of imprisonment of 1 year, which 1 year mandatory minimum term shall not be subject to suspension and no person shall further be eligible for probation or parole during said 1 year mandatory minimum term; when the person to whom the narcotic drug has been distributed is under the age of 14, there shall be a mandatory minimum term of imprisonment of 2 years which 2 year mandatory minimum term shall not be subject to suspension and no person shall further be eligible for probation or parole during said 2 year mandatory minimum term.
In any prosecution for violation of paragraph (2) of this subsection, when the person to whom the nonnarcotic drug has been distributed is under the age of 16, there shall be a mandatory minimum term of imprisonment of 6 months, which 6 months mandatory minimum term shall not be subject to suspension and no person shall further be eligible for probation or parole during said 6 months mandatory minimum term; when the person to whom the nonnarcotic drug has been distributed is under the age of 14, there shall be a mandatory minimum term of imprisonment of 1 year, which 1 year mandatory minimum term shall not be subject to suspension and no person shall further be eligible for probation or parole during said 1 year mandatory minimum term.
Any person 18 years of age or older who uses, solicits, directs, hires or employs a person under 18 years of age to violate any provision of subchapter IV or subchapter V of this chapter is guilty of a felony; and upon conviction therefore shall be imprisoned for a term of not more than 10 years, and be fined not more than $250,000. It shall be no defense to a prosecution under this section that the accused mistakenly believed that the minor that the accused used, solicited, directed, hired or employed was 18 years of age or older, even if such mistaken belief was reasonable.
Whoever knowingly purchases any other controlled substance or counterfeit controlled substance which is a nonnarcotic drug classified in Schedule I, II, III, IV or V from a person under 18 years of age is guilty of a class E felony.
In any prosecution for violation of paragraph (1) of this subsection, when the person from whom the narcotic drug has been purchased is under the age of 16, there shall be a mandatory minimum term of imprisonment of 1 year, which 1 year mandatory minimum term shall not be subject to suspension and no person shall further be eligible for probation or parole during said 1 year mandatory minimum term; when the person from whom the narcotic drug has been purchased is under the age of 14, there shall be a mandatory minimum term of imprisonment of 2 years which 2 year mandatory minimum term shall not be subject to suspension and no person shall further be eligible for probation or parole during said 2 year mandatory minimum term.
In any prosecution for violation of paragraph (2) of this subsection, when the person from whom the nonnarcotic drug has been purchased is under the age of 16, there shall be a mandatory minimum term of imprisonment of 6 months, which 6 months mandatory minimum term shall not be subject to suspension and no person shall further be eligible for probation or parole during said 6 months mandatory minimum term; when the person from whom the nonnarcotic drug has been purchased is under the age of 14, there shall be a mandatory minimum term of imprisonment of 1 year, which 1 year mandatory minimum term shall not be subject to suspension and no person shall further be eligible for probation or parole during said 1 year mandatory minimum term.
Any person 18 years of age or older who distributes, delivers or possesses any other controlled substance or counterfeit controlled substance which is a nonnarcotic drug classified in § 4714, § 4716, § 4718, § 4720 or § 4722 of this title on the property of any kindergarten, elementary, secondary, vocational-technical school or within 1,000 feet thereof is guilty of a felony and upon conviction shall be imprisoned for a term of not more than 15 years and fined not more than $250,000.
It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person under the age of 18 was present in such private residence at any time during the commission of the offense and that the prohibited conduct did not involve distribution, delivery or possession of any controlled substance for profit. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence.
It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence and that the prohibited conduct did not involve distribution, delivery or possession of any controlled substance for profit. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence.
(1) Revocation of the person's drivers license and/or privileges within this State for a period of not less than 1 year, restoration of which shall be contingent upon successful completion of all mandatory terms and conditions required of probation to be completed during the term of revocation. Upon entry of a plea of guilty, as first offender under this section, the clerk of the court or other person designated by the court shall forthwith report that fact to the Division of Motor Vehicles for action consistent with the provisions of this subsection. The Division of Motor Vehicles may issue a conditional license during this period of revocation upon written certification by the person's probation officer that a narrowly drawn conditional license is necessary for the limited purpose of performing the terms and conditions of probation.
(2) Performance of a minimum of 20 hours of community service work monitored by the court or probation office, performance of which shall be accomplished on at least 3 separate days and shall not, in any event consist of segments lasting more than 8 hours in succession. Community service performed pursuant to the terms of this paragraph shall be in addition to all other community service ordered and no community service ordered or performed pursuant to the terms of this section shall be performed or served concurrently with any other court ordered or approved community service.
(3) Completion of a 16-hour first offender drug rehabilitation program, licensed by the Secretary of the Department of Health and Social Services and paid for by the first offender.
(4) Other such terms and conditions as the court may impose.
If a term or condition of probation is violated, or if the defendant is found to have illegally possessed or consumed any controlled substance listed in Schedules I through V within 11/2 years of the entry of a plea under this section, a written report of same shall immediately be filed with the court, and the defendant shall be brought before the court and upon determination by the court that the terms have been violated or that the defendant has possessed or consumed any such controlled substance, the court shall enter an adjudication of guilt upon the record and proceed as otherwise provided under this title.
Upon fulfillment of the terms and conditions of probation, including, but not limited to, paying of all costs and fees, and performance of all required community service, the court shall discharge the person and dismiss the proceedings against the person and shall simultaneously therewith submit to the Attorney General a report thereof which shall be retained by the Attorney General for use in future proceedings, if required. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, except the additional penalties imposed for second or subsequent offenses under § 4763 of this title. Any person who elects to be treated as a first offender under this section shall, by so doing, agree to pay the costs of the person's prosecution as a condition. There may be only 1 discharge and dismissal under this section with respect to any person.
visit theft codes in Delaware ................................................ visit assault codes in Delaware
visit Burglary, Robbery and Motor Vehicle Theft...............return to felonies and misdemeanors
visit gang participation codes..... return to Criminal Defense Lawyer Richard Zemble home page
return to drug felonies..................................... visit the Delaware SENTAC Sentencing Chart
visit Burglary, Robbery and Motor Vehicle Theft...............return to felonies and misdemeanors
visit gang participation codes..... return to Criminal Defense Lawyer Richard Zemble home page
return to drug felonies..................................... visit the Delaware SENTAC Sentencing Chart
CHAPTER 47 of TITLE 16 in the Delaware code is the UNIFORM CONTROLLED SUBSTANCES ACT. I am selecting relevant sections of the code for your information. If you have any questions, please call the Law Office of Richard Zemble at 302-377-4471 or email Richard Zemble.
UNIFORM CONTROLLED SUBSTANCES ACT OF DELAWARE PAGE 2
DISTRIBUTION TO PERSONS UNDER 21 YEARS OF AGEWhoever knowingly distributes a controlled substance or counterfeit controlled substance listed in Schedule I or II which is a narcotic drug to a person under 21 years of age is guilty of a class C felony.
Whoever knowingly distributes any other controlled substance or counterfeit controlled substance which is a nonnarcotic drug classified in Schedule I, II, III, IV or V to a person under 21 years of age is guilty of a class E felony.
In any prosecution for violation of paragraph (1) of this subsection, when the person to whom the narcotic drug has been distributed is under the age of 16, there shall be a mandatory minimum term of imprisonment of 1 year, which 1 year mandatory minimum term shall not be subject to suspension and no person shall further be eligible for probation or parole during said 1 year mandatory minimum term; when the person to whom the narcotic drug has been distributed is under the age of 14, there shall be a mandatory minimum term of imprisonment of 2 years which 2 year mandatory minimum term shall not be subject to suspension and no person shall further be eligible for probation or parole during said 2 year mandatory minimum term.
In any prosecution for violation of paragraph (2) of this subsection, when the person to whom the nonnarcotic drug has been distributed is under the age of 16, there shall be a mandatory minimum term of imprisonment of 6 months, which 6 months mandatory minimum term shall not be subject to suspension and no person shall further be eligible for probation or parole during said 6 months mandatory minimum term; when the person to whom the nonnarcotic drug has been distributed is under the age of 14, there shall be a mandatory minimum term of imprisonment of 1 year, which 1 year mandatory minimum term shall not be subject to suspension and no person shall further be eligible for probation or parole during said 1 year mandatory minimum term.
Any person 18 years of age or older who uses, solicits, directs, hires or employs a person under 18 years of age to violate any provision of subchapter IV or subchapter V of this chapter is guilty of a felony; and upon conviction therefore shall be imprisoned for a term of not more than 10 years, and be fined not more than $250,000. It shall be no defense to a prosecution under this section that the accused mistakenly believed that the minor that the accused used, solicited, directed, hired or employed was 18 years of age or older, even if such mistaken belief was reasonable.
PURCHASE OF DRUGS FROM MINORS
Whoever knowingly purchases a controlled substance or counterfeit controlled substance listed in Schedule I or II which is a narcotic drug from a person under 18 years of age is guilty of a class C felony.Whoever knowingly purchases any other controlled substance or counterfeit controlled substance which is a nonnarcotic drug classified in Schedule I, II, III, IV or V from a person under 18 years of age is guilty of a class E felony.
In any prosecution for violation of paragraph (1) of this subsection, when the person from whom the narcotic drug has been purchased is under the age of 16, there shall be a mandatory minimum term of imprisonment of 1 year, which 1 year mandatory minimum term shall not be subject to suspension and no person shall further be eligible for probation or parole during said 1 year mandatory minimum term; when the person from whom the narcotic drug has been purchased is under the age of 14, there shall be a mandatory minimum term of imprisonment of 2 years which 2 year mandatory minimum term shall not be subject to suspension and no person shall further be eligible for probation or parole during said 2 year mandatory minimum term.
In any prosecution for violation of paragraph (2) of this subsection, when the person from whom the nonnarcotic drug has been purchased is under the age of 16, there shall be a mandatory minimum term of imprisonment of 6 months, which 6 months mandatory minimum term shall not be subject to suspension and no person shall further be eligible for probation or parole during said 6 months mandatory minimum term; when the person from whom the nonnarcotic drug has been purchased is under the age of 14, there shall be a mandatory minimum term of imprisonment of 1 year, which 1 year mandatory minimum term shall not be subject to suspension and no person shall further be eligible for probation or parole during said 1 year mandatory minimum term.
DISTRIBUTION, DELIVERY, OR POSSESSION OF CONTROLLED SUBSTANCE WITHIN 1,000 FEET OF SCHOOL PROPERTY
Any person eighteen years of age or older who distributes, delivers or possesses a controlled substance or counterfeit controlled substance listed in § 4714 or § 4716 of this title which is a narcotic drug on the property of any kindergarten, elementary, secondary, vocational-technical school or within 1,000 feet thereof is guilty of a felony and upon conviction shall be imprisoned not more than 30 years and fined not more than $250,000.Any person 18 years of age or older who distributes, delivers or possesses any other controlled substance or counterfeit controlled substance which is a nonnarcotic drug classified in § 4714, § 4716, § 4718, § 4720 or § 4722 of this title on the property of any kindergarten, elementary, secondary, vocational-technical school or within 1,000 feet thereof is guilty of a felony and upon conviction shall be imprisoned for a term of not more than 15 years and fined not more than $250,000.
It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person under the age of 18 was present in such private residence at any time during the commission of the offense and that the prohibited conduct did not involve distribution, delivery or possession of any controlled substance for profit. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence.
DISTRIBUTION, DELIVERY OR POSSESSION OF CONTROLLED SUBSTANCE IN OR WITHIN 300 FEET OF PARK, RECREATION AREA, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP
Any person who illegally distributes, delivers or possesses a controlled substance or counterfeit controlled substance listed in § 4714, § 4716, § 4718, § 4720 or § 4722 of this title while in any park or recreation area owned, operated or utilized by any county or municipality, or by the State, or by any board, commission, department, agency, corporation or organization thereof, or in any "parkland" as defined in § 8110(a)(2) of Title 9, or in any church, synagogue or other place of worship, or within 300 feet of the boundaries of any such parkland, park, or recreation area or church, synagogue or other place of worship, is guilty of a felony and upon conviction shall be imprisoned for a term of not more than 15 years and fined not more than $250,000.It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence and that the prohibited conduct did not involve distribution, delivery or possession of any controlled substance for profit. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence.
FIRST OFFENDERS CONTROLLED SUBSTANCES DIVERSION PROGRAM
At time of arraignment any person qualifying under subsection (a) of this section as a first offender and who elects treatment under this section shall admit possession or consumption of a controlled substance by entering a plea of guilty, as a first offender. The court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the accused on probation for a period of not less than 11/2 years, the terms and conditions of which shall include but not be limited to:(1) Revocation of the person's drivers license and/or privileges within this State for a period of not less than 1 year, restoration of which shall be contingent upon successful completion of all mandatory terms and conditions required of probation to be completed during the term of revocation. Upon entry of a plea of guilty, as first offender under this section, the clerk of the court or other person designated by the court shall forthwith report that fact to the Division of Motor Vehicles for action consistent with the provisions of this subsection. The Division of Motor Vehicles may issue a conditional license during this period of revocation upon written certification by the person's probation officer that a narrowly drawn conditional license is necessary for the limited purpose of performing the terms and conditions of probation.
(2) Performance of a minimum of 20 hours of community service work monitored by the court or probation office, performance of which shall be accomplished on at least 3 separate days and shall not, in any event consist of segments lasting more than 8 hours in succession. Community service performed pursuant to the terms of this paragraph shall be in addition to all other community service ordered and no community service ordered or performed pursuant to the terms of this section shall be performed or served concurrently with any other court ordered or approved community service.
(3) Completion of a 16-hour first offender drug rehabilitation program, licensed by the Secretary of the Department of Health and Social Services and paid for by the first offender.
(4) Other such terms and conditions as the court may impose.
If a term or condition of probation is violated, or if the defendant is found to have illegally possessed or consumed any controlled substance listed in Schedules I through V within 11/2 years of the entry of a plea under this section, a written report of same shall immediately be filed with the court, and the defendant shall be brought before the court and upon determination by the court that the terms have been violated or that the defendant has possessed or consumed any such controlled substance, the court shall enter an adjudication of guilt upon the record and proceed as otherwise provided under this title.
Upon fulfillment of the terms and conditions of probation, including, but not limited to, paying of all costs and fees, and performance of all required community service, the court shall discharge the person and dismiss the proceedings against the person and shall simultaneously therewith submit to the Attorney General a report thereof which shall be retained by the Attorney General for use in future proceedings, if required. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, except the additional penalties imposed for second or subsequent offenses under § 4763 of this title. Any person who elects to be treated as a first offender under this section shall, by so doing, agree to pay the costs of the person's prosecution as a condition. There may be only 1 discharge and dismissal under this section with respect to any person.
visit theft codes in Delaware ................................................ visit assault codes in Delaware
visit Burglary, Robbery and Motor Vehicle Theft...............return to felonies and misdemeanors
visit gang participation codes..... return to Criminal Defense Lawyer Richard Zemble home page
return to drug felonies..................................... visit the Delaware SENTAC Sentencing Chart
The criminal defense law office of Richard Zemble, Attorney at Law, in Wilmington, Delaware, serves the legal needs of his clients in communities throughout all three counties of Delaware, New Castle county, Kent county and Sussex county, including Arden, Bear, Bellefonte, Bethany Beach, Bethel, Bowers, Bridgeville, Camden, Cheswold, Claymont, Clayton, Dagsboro, Delaware City, Delmar, Dewey Beach, Dover, Ellendale, Ellesmere, Farmington, Felton, Fenwick Island, Frankford, Frederica, Georgetown, Greenwood, Harrington, Hartly, Hockessin, Houston Kenton, Laurel, Leipsic, Lewes, Lincoln, Little Creek, Magnolia, Marydel, Middleton, Milford, Millsboro, Newark, New Castle, Newport, Odessa, Ocean View, Pike Creek, Rehoboth Beach, Seaford, Selbyville, Slaughter Beach, Smyrna, Stanton, Townsend, Wilmington, Woodside and Viola. The Richard Zemble law office serves the legal needs of clients from Pennsylvania in Philadelphia, Chester and Delaware Counties and from New Jersey. Zemble is a member of the Delaware Bar, the Pennsylvania Bar and the New Jersey Bar Associations. He also serves clients from Maryland who face criminal charges in Delaware.