Delaware Laws and Programs

Laws

Under Title 11 in Section 4754A of the Delaware Code, possession of noncontrolled drugs without a prescription is unlawful. Exceptions to this Section include possession for transferal to or by a licensed healthcare professional, the possession for sale by a pharmacist performing occupational duties, and the possession or use of the drug as prescribed by an approved healthcare professional. If an individual possesses a valid prescription, it should be used for the purpose of treating an approved, specific illness. Possession of a noncontrolled substance is in violation of this Section and is identified as a class B misdemeanor. Conviction of delivery or intention to deliver an unlawful drug without a prescription or as a practitioner is recognized as a class E felony.

Drug sale and trafficking laws are addressed in Section 4753A of the Delaware Code. Conviction of sale, delivery, or manufacturing of illicit drugs results in a class B felony. In Delaware, the most common trafficking drugs are marijuana, cocaine, and heroin. Trafficking penalties are dependent upon drug type and quantity. Marijuana trafficking penalties range from a two-year prison sentence and a fine of $25,000 for the trafficking of five pounds to eight years of jail time with a $100,000 fine for trafficking over 500 pounds. Additional minimum trafficking penalties include the following: trafficking of 10 grams of cocaine is punishable by two years of imprisonment and a fine of $50,000 and trafficking of 2.5 grams of heroin results in three years of imprisonment with a $75,000 fine. Laws regarding the arrest of individuals while under the influence of drugs are contained in Section 4213 of the Delaware Code. Once an arresting officer suspects an arrestee, the officer must inform the arrestee of his or her rights under this Section of the law.

Upon arrest of any drug crime other than a felony, the officer may arrange immediate admission of the arrestee to a drug detoxification or medical center. Although the arrestee cannot withdraw acceptance after the request is made, the treatment center must approve the admission of the arrestee. In the case that the arrestee does not express the desire for treatment entry, it can be used against him or her in court.

Programs

Delaware is among the states with the highest incarceration rates in America. According to the Delaware Department of Corrections (DOC), nearly 80 percent of offenders are severe substance abusers. The state therefore provides opportunities for correction, recovery, and rehabilitation. The main [Page 194]program in the state is provided by the DOC, is recommended rather than mandated, and is internationally acclaimed. The program is a three-step substance abuse treatment plan for rehabilitating drug offenders and is among the first in the country to provide such a comprehensive substance abuse program for drug offenders. This treatment program is divided into three parts called Key, Crest, and Aftercare.

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