Delaware Drug Laws: Penalties, Charges & Treatment Options

Delaware’s drug laws are primarily governed by the Uniform Controlled Substances Act (16 Del. C. § 4701 et seq.), which classifies controlled substances into five schedules, defines prohibited conduct related to the manufacture, distribution, and possession of drugs, and establishes criminal penalties. The Act is administered by the Delaware Department of Health and Social Services.

Delaware’s penalty structure uses a three-tier quantity system (16 Del. C. § 4751C) that categorizes drug offenses by the weight or dosage units involved. Higher tiers correspond to more serious felony charges. The state distinguishes between simple possession (class B misdemeanor), drug dealing with aggravated possession (class C or E felony under § 4753), and large-scale dealing (class B felony under § 4752). Aggravating factors—such as proximity to schools, prior convictions, or involvement of minors—can enhance penalties.

In 2023, Delaware legalized recreational marijuana for adults 21 and older through HB 1, which took effect April 23, 2023. Licensed adult-use sales launched on August 1, 2025 through the Office of the Marijuana Commissioner. The state has also expanded harm reduction significantly: the Good Samaritan law (16 Del. C. § 4769) provides overdose reporting immunity, naloxone is available under a statewide standing order, and fentanyl testing strips were legalized in 2024. Delaware’s statewide drug court program and the TASC diversion program provide robust treatment alternatives for eligible offenders.

Delaware criminalizes drug possession under 16 Del. C. § 4763, which prohibits knowingly or intentionally possessing a controlled substance or counterfeit controlled substance without a valid prescription. The base offense is a class B misdemeanor punishable by up to 6 months in jail and a fine of up to $1,150. When an aggravating factor is present (such as possession near a school or park, prior convictions, or possession of a firearm), the charge is elevated to a class A misdemeanor carrying up to 1 year in jail and a fine of up to $2,300.

Marijuana possession is governed separately under 16 Del. C. § 4764. Following legalization in 2023, adults 21 and older may legally possess up to 1 ounce of marijuana. Possession of a personal use quantity by someone under 21 carries a civil penalty of $100 for a first offense, $200–$500 for a second offense, and an unclassified misdemeanor with a $100 fine for a third or subsequent offense.

The First Offenders Controlled Substances Diversion Program under 16 Del. C. § 4767 allows first-time offenders charged with simple possession to complete a diversion program. Upon successful completion, the charges may be dismissed.

Class B misdemeanor: up to 6 months imprisonment and/or up to $1,150 fine (16 Del. C. § 4763(a))

Class A misdemeanor: up to 1 year imprisonment and/or up to $2,300 fine (16 Del. C. § 4763 with aggravating factor)

Adults 21+: up to 1 ounce legal; 12 grams concentrated cannabis; 750mg THC in cannabis products (HB 1, 2023)

Class B misdemeanor: up to 6 months imprisonment and/or up to $1,150 fine (16 Del. C. § 4771)

Delaware’s DUI law is codified at 21 Del. C. § 4177. It is illegal to drive under the influence of alcohol, drugs, or a combination thereof. Under 21 Del. C. § 4177(a)(6), a person is guilty of DUI if their blood contains any amount of an illicit or recreational drug within four hours of driving. Delaware uses a per se standard—any detectable amount of an illegal drug or its metabolite triggers the offense. Penalties increase with each subsequent offense.

Fine of $230–$1,150; up to 6 months imprisonment; up to 6-month alcohol/drug evaluation and rehabilitation program; 12-month license revocation (21 Del. C. § 4177)

Fine of $575–$2,300; 60 days to 18 months imprisonment (mandatory minimum 60 days not suspendable); 12-month license revocation; mandatory ignition interlock device (21 Del. C. § 4177)

Class G felony; fine of $1,000–$3,000; minimum 1 year imprisonment; 24-month license revocation; mandatory ignition interlock device (21 Del. C. § 4177)

Class E felony; fine of $3,000–$7,000; minimum 2 years imprisonment; 60-month license revocation; mandatory ignition interlock device (21 Del. C. § 4177)

Class D felony vehicular homicide; up to 8 years imprisonment (21 Del. C. § 4177A)

Under 21 Del. C. § 2740, Delaware has an implied consent law. Refusal to submit to chemical testing results in a 12-month license revocation for a first refusal and 18 months for subsequent refusals.

Mandatory ignition interlock devices are required for all second and subsequent DUI offenders and for first offenders under certain conditions. Driving while prohibited from operating a vehicle without an interlock device carries a $2,000 fine and 60 days imprisonment.

Delaware has robust naloxone access provisions under 16 Del. C. Chapter 30G. The Delaware Department of Health and Social Services (DHSS) has issued a statewide standing order authorizing the dispensing and administration of naloxone (Narcan) without an individual prescription. The standing order is approved and signed by the State EMS Medical Director or the Division of Public Health Director.

Any individual who has completed an approved training program under 16 Del. C. § 3003G may receive, carry, and administer naloxone. This includes laypersons, family members, friends, and community members.

All EMS providers, law enforcement officers, pharmacists, and any trained layperson may administer naloxone to a person believed to be experiencing an opioid overdose.

Under 16 Del. C. Ch. 30G, prescribers who issue naloxone by standing order, and individuals who administer naloxone in good faith, are protected from disciplinary action, criminal liability, and civil damages—unless the injury was caused willfully, wantonly, or by gross negligence.

Effective November 29, 2024, Delaware legalized the distribution of fentanyl testing strips (16 Del. C. § 2226). These strips are exempt from the drug paraphernalia statute, and individuals who distribute them in good faith are protected from civil liability.

Naloxone is available at Delaware pharmacies without an individual prescription under the DHSS standing order. Community-based distribution programs, county health departments, and harm reduction organizations also provide free naloxone kits.

16 Del. C. Ch. 30G (§§ 3001G–3005G)

Delaware established one of the first statewide drug court programs in the United States in 1997 through the Delaware Superior Court. The program provides a treatment-based alternative to traditional criminal prosecution for defendants with substance use disorders. The Drug Diversion Court uses a collaborative, non-adversarial approach involving judges, prosecutors, defense attorneys, probation officers, and treatment providers.

Delaware’s drug court program includes multiple tracks and lasts a minimum of six months, though the duration may be longer depending on individual needs. Participants undergo comprehensive assessment, attend mandatory treatment sessions, submit to frequent random drug testing, appear regularly before the drug court judge, and comply with individualized supervision plans. The program uses graduated sanctions for non-compliance and incentives for positive behavior.

Eligibility is generally limited to nonviolent offenders with a demonstrated substance use disorder. Individuals charged with violent offenses or certain high-level drug trafficking charges are typically excluded. Referrals may come from the court, prosecution, or defense counsel.

Successful completion typically results in dismissal or reduction of charges. The compliance rate for Delaware’s drug court exceeds 64%. Failure to complete the program may result in the participant being returned to standard criminal proceedings and traditional sentencing.

Delaware Superior Court also operates a Veterans Treatment Court for veterans with substance use disorders and a Mental Health Court. These specialty courts follow similar collaborative, treatment-oriented models.

Delaware Drug Court operates under the authority of the Delaware Superior Court. Website: https://courts.delaware.gov/superior/drugcourt/

Delaware’s drug penalty framework includes mandatory minimum sentences for certain serious drug offenses, particularly those involving Tier 3 quantities under 16 Del. C. § 4752 (class B felony).

Drug dealing involving Tier 3 quantities (e.g., 60+ doses or 2+ grams of fentanyl) is a class B felony carrying a mandatory minimum of 2 years at Level V (incarceration), up to a maximum of 25 years. Under 2023 legislation (SB 100), Tier 3 offenses were designated as violent felonies, meaning offenders are more likely to be held on cash bail and face stiffer sentences.

Drug dealing involving Tier 2 quantities with an aggravating factor is also a class B felony under § 4752, carrying the same 2–25 year range.

Distribution of controlled substances within 300 feet of a school property, park, recreation area, or church triggers enhanced penalties under 16 Del. C. § 4767B.

Unlike some states that have broadly repealed mandatory minimums, Delaware maintains its tiered quantity system with mandatory minimums for the most serious drug dealing offenses. However, simple possession offenses do not carry mandatory minimum sentences, reflecting a distinction between users and dealers in Delaware’s statutory framework.

Name: Treatment Access Center (TASC) / Drug Court Diversion

Description: The TASC Drug Court Diversion Program, administered by the Division of Substance Abuse and Mental Health (DSAMH), offers psycho-educational and outpatient counseling services to eligible offenders diverted from the Superior Court criminal docket. Participants requiring more intensive treatment are referred to appropriate higher levels of care.

Requirements: Programs are designed to last a minimum of six months. Participants must attend treatment, comply with supervision conditions, submit to drug testing, and make regular court appearances.

Outcome: Successful completion may result in dismissal or reduction of charges.

Website: https://dhss.delaware.gov/dsamh/tasc/

Name: First Offenders Controlled Substances Diversion Program

Description: Under 16 Del. C. § 4767, first-time drug possession offenders may be eligible for a court-supervised diversion program as an alternative to conviction. The program is designed to redirect individuals toward treatment and rehabilitation rather than incarceration.

Eligibility: Generally available to individuals with no prior drug convictions who are charged with simple possession offenses.

Outcome: Successful completion results in dismissal of charges. Failure may result in prosecution of the original charges.

Name: Probation Before Judgment

Description: Delaware courts may place eligible defendants on probation without entering a judgment of conviction for certain drug possession offenses. This allows individuals to demonstrate rehabilitation and compliance with court-ordered conditions.

Outcome: Successful completion may result in the charges being dismissed.

As described in the drug_courts section, Delaware’s Drug Diversion Court provides an intensive, supervised treatment alternative through the Superior Court system.

2023: Delaware legalized recreational marijuana through HB 1 (personal possession, effective April 23, 2023) and HB 2 (commercial regulation). Adults 21+ may possess up to 1 ounce. Governor Carney allowed the bills to become law without his signature. Home cultivation was not included.

2023: Senate Bill 100 was introduced to designate Tier 3 drug dealing offenses as violent felonies, targeting large-scale traffickers. Senate Bill 101 added specific fentanyl and prescription opioid quantities to the tiered system under 16 Del. C. § 4751C.

2024: Delaware legalized fentanyl testing strips effective November 29, 2024, exempting them from the drug paraphernalia statute (16 Del. C. § 2226). The law includes civil liability protections for distributors acting in good faith.

2025: Licensed adult-use marijuana sales began on August 1, 2025 through conversion licenses issued to existing medical cannabis dispensaries. The Office of the Marijuana Commissioner oversees both adult-use and medical programs.

2025: Delaware’s medical marijuana program was updated: healthcare providers may now recommend cannabis for any diagnosed condition (eliminating the fixed qualifying conditions list), patients 65+ may self-certify, and medical card terms were extended to 2–3 years. Out-of-state medical cards are recognized with reciprocity.