Delaware has a complete set of drug possession regulations that make it illegal to have restricted substances without a legitimate prescription. These laws are in place to aid in preventing drug misuse and addiction, which can harm communities and people. Selling or possessing illegal substances is a crime in Delaware; you can face drug charges.
You could receive drug charges and punishments depending on the kind and quantity of unlawful medication and drugs in your custody. The penalties are more severe when there is a higher quantity of drugs. Additionally, the penalties are harsher if an aggravating circumstance is present or if you have been convicted of drug trafficking before. Possessing smaller amounts of the drug may result in a misdemeanor charge, whereas containing higher amounts may result in a felony prosecution.
You could still be charged with a crime if you have a legitimate prescription for a drug. For example, if you are discovered to have more of the drug than is allowed or if you are using it otherwise than according to the prescription.
Your punishment for Delaware drug possession charges might range from a small fine to many years. But fortunately, the nature of these offenses frequently gives room for a strong defense.
Penalties for a Major Drugs Possession Conviction
- Marijuana; Marijuana is the lowest level of drug charges and is classified as an unclassified Misdemeanor. The maximum punishment, if found guilty, is three months in prison and a $575 fine.
- Cocaine; You may be charged with possession of a Tier 3 amount substance, which is a Class B Felony if you have 25 grams or more of cocaine or a mixture containing it. Your sentence could be as much as 25 years in prison if found guilty.
- Heroin; Every amount of heroin is illegal, but a Tier 2 quantity carries a Class E felony sentence. A maximum of 5 years in prison may be imposed on anyone possessing 2 grams or more of marijuana.
Finally, police officers may trespass in areas where you have a right to privacy to make a possession arrest. However, the Fourth Amendment forbids unauthorized searches and seizures without a warrant. You can defend that the Police transgressed your request to be free from unauthorized search and seizure.