UNIFORM CONTROLLED SUBSTANCES ACT OF DELAWARE. Prohibited Acts A

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1 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 or Richard Zemble. UNIFORM CONTROLLED SUBSTANCES ACT OF DELAWARE Prohibited Acts A Any person who manufactures, delivers or possesses with intent to manufacture or deliver a controlled substance or a counterfeit controlled substance classified in Schedule I or II which is a narcotic drug is guilty of a class C felony and shall be fined not more than $50,000. Any person who manufactures, delivers or possesses with the intent to manufacture or deliver a controlled substance or a counterfeit controlled substance classified in Schedule III, IV or V which is a narcotic drug is guilty of a class E felony and shall be fined not more than $15,000. In cases where death occurs as a result of the use or consumption of a controlled substance or counterfeit controlled substance classified in Schedule I, II, III, IV or V which is a narcotic drug, any person who is convicted of manufacturing or delivering such drug shall be guilty of a class B felony and shall be fined not more than $100,000. Where an individual is convicted of a violation of subsection (a), subsection (b) or subsection (c) of this section and the Attorney General may move to sentence the defendant as a nonaddict, the court shall conduct a hearing at which the Attorney General shall have the burden of proof by a preponderance of the evidence that the defendant is a nonaddict. If the court, after hearing, is satisfied that the defendant is, and was at the time of the offense, not addicted to controlled substances, then the following enhanced penalties shall apply: (1) For the first violation of this section a mandatory minimum sentence of 6 years to be served at Level V. (2) For the second or subsequent violation of this section a mandatory minimum sentence of 12 years to be served at Level V. These minimum sentences may not be suspended by the court. Prohibited Acts B

2 Any person who manufactures, delivers or possesses with intent to manufacture or deliver a controlled substance or a counterfeit controlled substance classified in Schedule I, II, III, IV or V which is not a narcotic drug is guilty of a class E felony and upon conviction shall be fined not more than $10,000 and imprisoned not more than 5 years. Any person who distributes, sells, offers to sell, dispenses, administers, or prescribes any anabolic steroid or any counterfeit substance purporting to be an anabolic steroid for the purposes of human body building or enhancement of human athletic performance is guilty of a class E felony. UNLAWFUL DELIVERY OF NONCONTROLLED SUBSTANCE It is unlawful for any person to knowingly deliver or attempt to deliver a noncontrolled substance upon either: (1) The express or implied representation that the substance is a narcotic or nonnarcotic controlled substance; or (2) The express or implied representation that the substance is of such nature or appearance that the recipient of said delivery will be able to distribute said substance as a controlled substance; (3) It is prima facie evidence of the implied representation referred to in paragraphs (1) and (2) of this subsection if any 2 of the following factors are established:...a. The noncontrolled substance was packaged in a manner normally used for the illegal delivery of controlled substances;...b. The delivery or attempted delivery included an exchange of or demand for money or other valuable property as consideration for delivery of the substance, and the amount of such consideration was substantially in excess of the reasonable value of the noncontrolled substance;...c. The physical appearance of the finished product containing the substance is substantially identical to a specific controlled substance. Unlawful delivery of a noncontrolled substance is a class D felony. Prohibited acts C It is unlawful for any person knowingly or intentionally to possess, use or consume a controlled substance or a counterfeit substance which is a narcotic drug unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice or except as otherwise authorized by this chapter. Any person who violates this section shall be guilty of a class A misdemeanor.

3 TRAFFICKING IN MARIJUANA, COCAINE, ILLEGAL DRUGS, METHAMPHETAMINES, LYSERGIC ACID DIETHYLAMIDE (L.S.D.), DESIGNER DRUGS, OR 3, 4-METHYLENEDIOXYMETHAMPHETAMINE (MDMA) or who is knowingly in actual or constructive possession of, in excess of 5 pounds of marijuana is guilty of a class B felony, which felony shall be known as "trafficking in marijuana". If the quantity of marijuana involved:...a. Is in excess of 5 pounds, but less than 100 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of 2 years and shall be fined up to $25, b. Is 100 pounds or more, but less than 500 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of 4 years and shall be fined up to $50, c. Is 500 pounds or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 8 years and shall be fined up to $100,000. or who is knowingly in actual or constructive possession of, 10 grams or more of cocaine or of any mixture containing cocaine, as described in 4716(b)(4) of this title, is guilty of a class B felony, which felony shall be known as "trafficking in cocaine." If the quantity involved:...a. Is 10 grams or more, but less than 50 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 2 years and shall be fined up to $50, b. Is 50 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 4 years and shall be fined up to $100, c. Is 100 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 8 years and shall be fined up to $400,000. or who is knowingly in actual or constructive possession of 2.5 grams or more of any morphine, opium or any salt, isomer or salt of an isomer thereof, including heroin, as described in 4714 of this title, or 2.5 grams or more of any mixture containing any such substance, is guilty of a class B felony, which felony shall be known as "trafficking in illegal drugs." If the quantity involved:...a. Is 2.5 grams or more, but less than 10 grams, which person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be fined up to $75,000.

4 ...b. Is 10 grams or more, but less than 50 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 10 years and shall be fined up to $150, c. Is 50 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be fined up to $750,000. or who is knowingly in actual or constructive possession of, 5 grams or more of methamphetamine, including its salt, isomer or salt of an isomer thereof, or of any mixture containing any such substance, as described in 4716(d)(3) of this title is guilty of a class B felony, which felony shall be known as "trafficking in methamphetamine." If the quantity involved:...a. Is 5 grams or more, but less than 50 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 2 years and shall be fined up to $50, b. Is 50 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 4 years and shall be fined up to $100, c. Is 100 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 8 years and shall be fined up to $400,000. or who is knowingly in actual or constructive possession of 5 grams or more of amphetamine, including its salts, optical isomers and salt of its optical isomers, or of any mixture containing any such substance, as described in 4716(d)(1) of this title is guilty of a class B felony, which felony shall be known as "trafficking in amphetamine." If the quantity involved:...a. Is 5 grams or more, but less than 50 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 2 years and shall be fined up to $50, b. Is 50 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 4 years and shall be fined up to $100, c. Is 100 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 8 years and shall be fined up to $400,000. or who is knowingly in actual or constructive possession of 5 grams or more of phencyclidine, or of any mixture containing any such substance, as described in 4716(e)(5) of this title, is guilty of a class B felony, which felony shall be known as "trafficking in phencyclidine." If the quantity involved:

5 ...a. Is 5 grams or more, but less than 50 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 2 years and shall be fined up to $50, b. Is 50 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 4 years and shall be fined up to $100, c. Is 100 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 8 years and shall be fined up to $400,000. Any person, who, on any single occasion, knowingly sells, manufactures, delivers or brings into this State, or who is knowingly in actual or constructive possession of 50 or more doses (each dose constitutes up to 100 micrograms) or in a liquid form 5 milligrams or more of lysergic acid diethylamide (L.S.D.), or any mixture containing such substance, as described in 4714(d)(9) of this title, is guilty of a class B felony known as "trafficking in L.S.D." If the quantity involved:...a. Is in excess of 50 or more doses, or in liquid form 5 milligrams, but less than 100 doses, or in liquid form less than 10 milligrams, such person shall be sentenced to a mandatory minimum term of imprisonment of 2 years and pay a fine of $50, b. Is in excess of 100 doses, or in liquid form 10 milligrams, but less than 500 doses, or in liquid form less than 50 milligrams, such person shall be sentenced to a mandatory minimum term of imprisonment of 4 years and shall be fined up to $100, c. Is 500 doses or more, or in liquid form 50 milligrams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 8 years and shall be fined up to $400,000. Any person who, on any single occasion, knowingly sells, manufactures, delivers or brings into this State or who is knowingly in actual or constructive possession of 25 or more doses or tablets or 5 or more grams or 5 milliliters or more of a designer drug or any mixture containing any such substance, as described in 4701(9) of this title, is guilty of a class B felony, which felony shall be known as "trafficking in designer drugs." If the quantity involved:...a. Is 25 doses or tablets or more, but less than 250 doses or tablets, or 5 grams or more, but less than 50 grams, or 5 milliliters or more, but less than 50 milliliters, such person shall be sentenced to a mandatory minimum term of imprisonment of 2 years and shall be fined up to $50, b. Is two-hundred 250 doses or tablets, or more, but less than 500 doses or tablets, or 50 grams or more, but less than 100 grams, or 50 milliliters or more, but less than 100 milliliters, such person shall be sentenced to a mandatory minimum term of imprisonment of 4 years and shall be fined up to $100,000.

6 ...c. Is of 500 doses or tablets or more, or 100 grams or more, or 100 milliliters or more such person shall be sentenced to a mandatory minimum term of imprisonment of 8 years and shall be fined up to $400,000. This paragraph does not apply to a person who manufactures or delivers a substance in conformance with an approved new drug application or an exemption for investigating use within the meaning of 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 355) or to a person who manufactures, distributes or dispenses controlled substances in conformance with a registration issued by the Attorney General of the United States within the meaning of of the Federal Controlled Substances Act (21 U.S.C ). Any person who on any single occasion knowingly sells, manufactures, delivers or brings into this State or who is knowingly in actual or constructive possession of 25 or more doses or tablets or 5 or more grams or 5 milliliters or more of 3,4-methylenedioxymethamphetamine (MDMA), its optical, positional and geometric isomers, salts and salts of isomers; or any mixture containing such substance, as described in 4714(d)(21) of this title, is guilty of a Class B felony known as "Trafficking in MDMA." If the quantity involved:...a. Is 25 doses or tablets or more, but less than 250 doses or tablets, or 5 grams or more, but less than 50 grams, or 5 milliliters or more, but less than 50 milliliters, such person shall be sentenced to a mandatory minimum term of imprisonment of 2 years and shall be fined up to $50, b. Is 250 doses or tablets, or more, but less than 500 doses or tablets, or 50 grams or more, but less than 100 grams, or 50 milliliters or more, but less than 100 milliliters, such person shall be sentenced to a mandatory minimum term of imprisonment of 4 years and shall be fined up to $100, c. Is 500 doses or tablets or more, or 100 grams or more, or 100 milliliters or more such person shall be sentenced to a mandatory minimum term of imprisonment of 8 years and shall be fined up to $400,000. Notwithstanding 4764 of this title, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred or withheld, nor shall such person be eligible for parole or release upon good time credits or in any other manner, nor shall such individual be eligible for work release, supervised custody, furlough or any other similar program, prior to serving the mandatory minimum term of imprisonment prescribed by this section. The Attorney General may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest or conviction of any of the person's accomplices, accessories, co-conspirators or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the

7 motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance. In any prosecution under this section the State need not prove that the defendant had any knowledge as to the weight of the substance possessed. The State need only prove that the defendant knew that the substance was possessed; and, that in fact the substance was that which is alleged and that the substance in fact weighed a certain amount. UNLAWFULLY ADMINISTERING DRUGS IN DELAWARE A person is guilty of unlawfully administering drugs when, for a purpose other than lawful medical or therapeutic treatment, the person intentionally causes stupor, unconsciousness or other alteration of the physical or mental condition of another person by administering to the other person, without consent, a drug. Unlawfully administering drugs is a class A misdemeanor. UNLAWFULLY ADMINISTERING CONTROLLED SUBSTANCE OR COUNTERFEIT SUBSTANCE OR NARCOTIC DRUGS A person is guilty of unlawfully administering a controlled substance or counterfeit substance or narcotic drugs when, for a purpose other than lawful medical or therapeutic treatment, the person intentionally introduces or causes introduction into the body of another person, without consent, a controlled substance or counterfeit substance or narcotic drug. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs is a class G felony. PROHIBITED ACTS AS TO SUBSTANCES RELEASING VAPORS OR FUMES No person shall: (1) Intentionally smell or inhale the vapors or fumes from any substance having the property of releasing vapors or fumes for the purpose of producing a condition of intoxication, inebriation, exhilaration, stupefaction or lethargy or for the purpose of dulling the brain or nervous system; provided, that nothing in this section shall prohibit the inhalation of the vapors or fumes of any anesthesia for medical or dental purposes; (2) Sell or offer to sell to any person any material, product or article of commerce containing any substance having a property of releasing vapors or fumes, if the person has knowledge or is in the possession of such facts that the person should have knowledge that the material, product or article of commerce sold or offered will be used for the purpose of committing any of the acts proscribed in paragraph (1) of this section; (3) Purchase or offer to purchase for the person or any other person any material, product or article of commerce containing any substance having the property of releasing vapors and fumes if such purchase

8 or offer to purchase is made for the purpose of committing any of the acts proscribed in paragraph (1) of this section. Any violation of this section shall be an unclassified misdemeanor. SENTENCING GUIDELINES For a more detailed list of felonies and misdemeanors, please visit Delaware Sentencing Guidelines. I have summarized a few of the major felony charges: Class B Felony (violent)...racketeering; Manufacture/Delivery Narcotic: Death; Trafficking in Controlled Substances. Class B Felony (nonviolent)...trafficking in Food Stamps (Firearms/Ammunition/Controlled Substances); Racketeering; Manufacture/Delivery Narcotic: Death; Trafficking in Controlled Substances. Class C Felony (violent)... Manufacture/Delivery/PWI Schedule I,II Narcotic; Distribution of Schedule I or II Narcotic to u/21 y.o.a. Class C Felony (nonviolent)...purchase Drugs from Minor (Schedule I,II/Narcotic);Purchase Drugs from Minor (Schedule I,II/Narcotic) Class D Felony...Delivery Noncontrolled Substance Class E Felony(violent)...Manufacture/Delivery/PWI of Sched. III,IV,V Narcotic; Manufacture/Delivery/PWI Nonnarcotic Controlled Substance; Dist/Sell/Prescribe Steroids/Counterfeit for Athletics; Deliver/PWI Noncontrolled Prescription Drug; Distribution Nonnarcotic Controlled Substance to u/21 y.o.a.; Delivery Drug Paraphernalia to Minor Class F Felony (nonviolent)...illegal Distribution of Controlled Substance; Unauthorized Manufacture/Distribution Controlled Substance; Obtain/Distribute Controlled Substance by Fraud/Theft. Class G Felony (violent)...hire Minor to Violate any Drug Provision; Distribution/Delivery/Possession Controlled Substances/ Counterfeit w/in 1000 ft School; Distribution/Delivery/Possession Controlled Substances/ Counterfeit w/in 300 ft Park Class G Felony (nonviolent)...unlawful Administration Controlled Substance/Narcotic; Deliver/Dispose Hypodermic Syringe; Deliver/Mfr/PWI Drug Paraphernalia; Manufacture/Deliver/PWI Drug Paraphernalia. Class A Misdemeanor...Unlawfully Administer Drugs Class A Misdemeanors (Controlled Substances)...Sale of Pseudoephedrine/Ephedrine; Possess/Use/Consumption Narcotic/Counterfeit w/out Rx; Refuse/Fail to Make/Keep/Furnish Required Record; Keeping Drugs in Original Container; Possession of Drug Paraphernalia.

9 Class B Misdemeanors...Possess/Use/Consume Controlled Substance (Nonnarcotic); Possession of Noncontrolled Prescription Drug. Unclassified Misdemeanors...Substances Releasing Vapors or Fumes; Possession of Hypodermic Syringe; Advertisement of Drug Paraphernalia PUBLIC SERVICE ANNOUNCEMENT Of course, many drugs are necessary and are prescribed by doctors. Governments often have programs to help the citizen attain needed drugs. I will describe one here offered by the city of Wilmington in Delaware: City Urges Citizens to Get Their FREE Prescription Drug Discount Card On March 22, 2010, Wilmington City Council Members Stephanie T. Bolden and Hanifa G. N. Shabazz were joined by Wilmington Mayor James M. Baker to announce the launch of a free program to help provide residents with some relief from the high cost of prescription drugs. The City of Wilmington is making free prescription drug discount cards available to citizens through a program sponsored by the National League of Cities (NLC). The discount cards offer city residents an average savings of 20% off the retail price of commonly prescribed drugs. The NLC Prescription Discount Card Program, administered by CVS Caremark, helps residents who have health insurance, a traditional benefit plan, or those who have prescriptions not covered by insurance. The discount cards are available to all residents of Wilmington and New Castle County and have no restrictions based on age, income level, or existing health coverage. Cards are available at Wilmington City Hall (Louis L. Redding City/County Building, 800 N. French St.) and a variety of other locations at no cost to city residents (please see list at the end of this news release). Most major retail pharmacy chains in Wilmington, such as Happy Harry s, CVS, and Rite Aid accept the prescription discount card, as well as more than 60,000 participating retail pharmacies across the country. National League of Cities (NLC) Prescription Discount Card Program DISTRIBUTION LOCATIONS IN WILMINGTON: PAL Center of Wilmington...Terry Apartments 3707 N. Market Street N. Broom Street

10 Wilmington, DE Wilmington, DE Kingswood Community Center...Herring Manor 2300 Bowers Street N. Market Street Wilmington, DE Wilmington, DE Walnut Street YMCA...Fletcher Brown Boys & Girls Club 1000 N. Walnut Street Spruce Street Wilmington, DE Wilmington, DE Village of Eastlake Community Building...Ministry of Caring 2412 N. Thatcher Street N. Church Street Wilmington, DE Wilmington, DE City of Wilmington Manna Christian Fellowship...Louis L. Redding City/County Building 733 E. 22nd Street N. French Street Wilmington, DE Wilmington, DE Windsor Apartments...Henrietta Johnson Medical Center 500 N Walnut Street New Castle Avenue Wilmington, DE Wilmington, DE New Calvary Baptist Church...LCS Faith Center 610 S. Heald Street N. Walnut Street

11 Wilmington, DE Wilmington, DE Interfaith Community Housing of DE, Inc...Neighborhood House 613 N. Washington Street B Street Wilmington, DE Wilmington, DE YWCA Delaware Home Life Management Center...Hilltop Lutheran Neighborhood Center 709 N. Madison Street, 703-B W. 6th Street Wilmington DE Wilmington, DE Porter State Service Center *...William Hicks Anderson Community Center 508 W. 8th Street N. Madison Street Wilmington, DE...Wilmington, DE (* Currently operating out of Northeast State Service Center, 1624 Jessup Street, Wilmington, DE 19802) Latin American Community Center... Ingleside Senior Services 403 North Van Buren Street N. Franklin Street Wilmington, DE Wilmington, DE 19806