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Delaware Drug Possession Law

Delaware Drug Possession Defense

What you're facing under 16 Del. C. § 4763, how the penalties scale, and the questions your attorney needs to answer, specific to Delaware (DE) law.

Offense Class

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

Maximum Penalty

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

Maximum Fine

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

Penalty Range in Delaware

Statute16 Del. C. § 4763 — Possession of a Controlled Substance
Minimum Penalty
Maximum Penalty1 year (most substances); 3 months (marijuana under 1 oz.)
Maximum Fine$2,300 (most); $575 (marijuana under 1 oz.)

Charge Enhancements

These factors can elevate the charge or penalty in Delaware:

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

Delaware-Specific Detail

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.

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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.

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Important: This page provides legal INFORMATION about Delaware drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.