Delaware Code Title 16 Sec. 4771 – Drug paraphernalia
(a) It is unlawful for any person to use, or possess with intent to use, drug paraphernalia.
Terms Used In Delaware Code Title 16 Sec. 4771
- controlled substance: includes "designer drug" as defined in paragraph (10) of this section. See Delaware Code Title 16 Sec. 4701
- Drug: means (i) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary or any supplement to any of them; (ii) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (iii) substances (other than food) intended to affect the structure or any function of the body of man or animals; and (iv) substances intended for use as a component of any article specified in clause (i), (ii) or (iii) of this paragraph. See Delaware Code Title 16 Sec. 4701
- drug paraphernalia: includes , but is not limited to:
- Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container except that this term does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging or labeling of a controlled substance:
- Marijuana: means all parts of the plant Cannabis sativa L. See Delaware Code Title 16 Sec. 4701
- Person: means individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association, or any other legal entity. See Delaware Code Title 16 Sec. 4701
(b) It is unlawful for any person to deliver, possess with intent to deliver, convert, manufacture, convey, sell, or offer for sale drug paraphernalia, knowing or under circumstances where one should reasonably know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
(c) This section does not apply to items that are used, or intended primarily for use, with marijuana.
62 Del. Laws, c. 250, § ?6; 67 Del. Laws, c. 130, § ?9; 67 Del. Laws, c. 350, § ?24; 73 Del. Laws, c. 359, § ?1; 78 Del. Laws, c. 13, §§ ?62, 63; 80 Del. Laws, c. 38, § ?3; 81 Del. Laws, c. 410, § 1; 82 Del. Laws, c. 217, § 17; 83 Del. Laws, c. 283, § 22; 84 Del. Laws, c. 15, § 1;