Skip to content
ImNotAnAttorney logo

Delaware Drug Possession Law

Delaware Drug Possession Penalties, 16 Del. C. § 4763

What you are facing under 16 Del. C. § 4763, how the penalties scale, and the questions an attorney needs to answer — under Delaware (DE) drug possession law.

Delaware (DE) — Possession of a Controlled Substance

Offense class: Unclassified Misdemeanor (Schedule I-V, personal use quantity)

Incarceration

– 1 year (most substances); 3 months (marijuana under 1 oz.)

Maximum Fine

$2,300 (most); $575 (marijuana under 1 oz.)

Offense Class

Unclassified Misdemeanor (Schedule I-V, personal use quantity)

What this costs

Visible before you click.

$127Drug Possession Defense Playbook, delivered in Instant download.

Some legal-services sites publish their price openly. Some don't. Here's where each one lands today.

Every price on this site is the price. No “starting at.” No per-minute meter. No bait.

Delaware Drug Possession Penalty Range

FactorDetail
Statute16 Del. C. § 4763
OffensePossession of a Controlled Substance
ClassUnclassified Misdemeanor (Schedule I-V, personal use quantity)
Incarceration – 1 year (most substances); 3 months (marijuana under 1 oz.)
Maximum fine$2,300 (most); $575 (marijuana under 1 oz.)

Penalty Enhancements

Additional factors that can increase the sentence under Delaware law.

  • Possession near a school, park, or church (§ 4767, enhanced penalties)
  • Prior convictions

Delaware note: Delaware reformed drug possession in 2015. Simple possession of personal use quantities is a misdemeanor for all schedules. Marijuana under 1 oz. was decriminalized to a civil fine in 2015.

What you're afraid of

Delaware drug possession defendants tell us they're afraid of four things. Here's how we address each.

Every citation in your report links back to a real CourtListener URL or a real state statute page. Your attorney can verify everything in under five minutes. We sit alongside your attorney — we don't replace them.

  • What if I take the wrong plea — or the wrong sentence?

    Most defendants take the first plea offered. We pull the comparable cases in your district and your judge's prior rulings, so you can see what the floor actually is before deciding.

    See the Playbook

  • What if my attorney isn't actually listening — or preparing?

    Most defendants leave their attorney's office with more questions than they came in with. Not because attorneys are bad — the meeting is short and you didn't know what to ask. We hand you the questions, scored against your charge.

    Take the free Defense Score

  • I don't even know what I don't know.

    The hardest part of a criminal case is not knowing which questions matter. The Intelligence Brief pulls the most-cited opinions in your district + your charge, mapped to your judge's prior rulings, and surfaces the five questions that move the needle in front of this prosecutor.

    See what an Intelligence Brief covers

  • What if I bring my attorney a number they dismiss?

    If you bring your attorney a number they can't trace to a source, the conversation is over. Every number in our report is a hyperlink. Your attorney clicks, verifies, and the conversation continues.

    View a sample report

We're not here to replace your attorney. We're here to make sure you walk into their office knowing the right questions to ask.

What you're paying for is the time

Skip the 6-10 hours of reading. We already did it.

Defendants are already doing this work themselves — on r/legaladvice / r/Ask_Lawyers / Avvo Q&A, in Google searches, in the long thread of “what happens if I plead X” questions every public legal-help surface carries. The data is public. The reading is the work.

  • r/legaladvice + r/Ask_Lawyers (source): thousands of 'what happens if I plead X' threads, none of them indexed to your specific charge or your state's statute.

  • Avvo Q&A (source): per-charge plain-language threads, attorney answers gated behind per-minute meters.

  • Your state's official statute site: the actual statute text, the actual sentencing range, the actual enhancement triggers.

We hand you the synthesis — cited, hyperlinked, organized for your charge — for $127.

Get the Drug Possession Defense Playbook — $127

Free — takes 2 minutes

Is your Delaware drug case defense on track?

The free Defense Score checks 10 critical defense behaviors specific to drug-possession cases. Takes 2 minutes. Instant results.

Check your defense score

Drug Possession Defense Playbook

$127

26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to Delaware defendants.

Delivery: Instant download

Get the playbook

Other Delaware defense topics

Facing a different charge in Delaware? Penalty ranges, enhancements, and defense questions for related crimes:

DUI in DelawareAssault in DelawareDomestic Violence in Delaware

This page provides legal information — not legal advice — about Delaware drug possession law as of the date of publication. Laws change. Verify current statutes with a licensed attorney in Delaware.