Gary E. Junge

Possession of Controlled Substances for Personal Use

Possession of a controlled substance for personal use is a class A or class B misdemeanor. 

  • It shall be unlawful for any person to knowingly or intentionally possess, use, or consume a controlled substance or a counterfeit controlled substance (except a controlled substance or counterfeit controlled substance classified in § 4714(d)(19) of this title).
    • ​§ 4714(d)(19) refers to ​marijuana and some related compounds.
    • Certain persons by virtue of their profession are exempt.
  • A violation of this section of the Code is a class B misdemeanor.
  • If there is an aggravating factor, a violation of this section of the Code is a class A misdemeanor.

Controlled Substance Quantity Tiers:

Possession of Marujuana

Possession of marijuana for personal use can be either a Class B misdemeanor, and unclassified misdemeanor, or a civil violation

  • Possession of marijuana charges are dependent on the age of the offender and the amount in the offenders possession.
  • Generally, possession of marijuana with an aggravating factor is a class B misdemeanor.
  • Generally, possession of marijuana with no aggravating factors is an unclassified misdemeanor.
  • Generally, possession of marijuana in a personal use quantity by a person over the age of 21 is a civil violation.
  • Penalties are enhanced when marijuana is used in a place that is publicly accessible.
  • These laws are constantly changing. Contact an attorney for the current status of the law.

Drug Crimes

Although Delaware simplified its drug statutes in 2011, the scheme is still complex and constantly changing. Every attempt is made to keep the following information current, but you must contact an attorney to ensure accurate and up to date information. In addition to a complex statutory scheme, drug crimes often involve search and seizure issues. If you have been accused of a drug crime, contact Schmittinger & Rodriguez as soon as possible for a consultation.   


Among the more common drug crimes are possession, aggravated possession, drug dealing, and possession of drug paraphernalia. Which crime you are charged with depends on your intent, the amount of drugs found in your possession (tier quantities) and whether there are any aggravating factors involved. These crimes, in addition to tier designations and aggravating factors, are covered below.  

at Schmittinger & Rodriguez, P.A.

Criminal defense and personal Injury attorney

Drug Dealing or Possession of a Controlled Substance in a Tiered Quantity.

Drug Dealing or Aggravated Possession is classified as a felony level crime as described below:

Class B felony (Drug Dealing or Aggravated Possession):

Except as authorized by law, any person who:

​(1)  Manufactures, delivers, or possesses with the intent to manufacture or deliver a controlled substance in a Tier 4 quantity;
(2)  Manufactures, delivers, or possesses with the intent to manufacture or deliver a controlled substance in a Tier 2 quantity, and there is an aggravating factor;
(3)  Possesses a controlled substance in a Tier 5 quantity;
(4)  Possesses a controlled substance in a Tier 3 quantity, and there is an aggravating factor; or
(5)  Possesses a controlled substance in a Tier 2 quantity, as defined in any of § 4751C(4)a.- i., of this title. and there are 2 aggravating factors
shall be guilty of a class B felony.


Class C felony (Drug Dealing or Aggravated Possession):

Except as authorized by law, any person who:
(1)  Manufactures, delivers, or possesses with the intent to manufacture or deliver a controlled substance in a Tier 2 quantity;
(2)  Manufactures, delivers, or possesses with the intent to manufacture or deliver a controlled substance, and there is an aggravating factor;
(3)  Possesses a controlled substance in a Tier 4 quantity as defined in any of § 4751C(2)a.- i. of this title;
(4)  Possesses a controlled substance in a Tier 2 quantity, as defined in any of § 4751C(4)a.- i. of this title; and there is an aggravating factor; or
(5)  Possesses a controlled substance in a Tier 1 quantity, and there are 2 aggravating factors,
shall be guilty of a class C felony.


Class D felony (Drug Dealing or Aggravated Possession):

Except as authorized by law, any person who:
(1)  Manufactures, delivers, or possesses with the intent to manufacture or deliver a controlled substance;
(2)  Possesses a controlled substance in a Tier 3 quantity; or
(3)  Possesses a controlled substance in a Tier 1 quantity, and there is an aggravating factor,
shall be guilty of a class D felony.


Class E felony (Aggravated Possession):

Except as authorized by law, any person who possesses a controlled substance in a Tier 2 quantity, as defined in any of § 4751C(4)a.-i. of this title, shall be guilty of a class E felony.

Class F felony:

Except as authorized by law, any person who possesses a controlled substance in a Tier 1 quantity shall be guilty of a class F felony.