(a) It is unlawful for any person to use, or possess with intent to use, drug paraphernalia.
(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, re-pack,
store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance.
(c) For the purposes of this subchapter, the term "drug paraphernalia" means all equipment, products and materials of any
kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation
of the Uniform Controlled Substances Act of Delaware. It includes, but is not limited to:
(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species
of plant which is a controlled substance or from which a controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or
preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which
is a controlled substance;
(4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances;
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6) Diluents or adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use,
or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from or otherwise
cleaning or refining marijuana;
(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled
substances;
(9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities
of controlled substances;
(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles or other objects used, intended for use, or designed for use in parenterally injecting controlled
substances into the human body;
(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine,
hashish or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads
or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion maskes;
e. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or
too short to be held in the hand;
f. Miniature cocaine spoons and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs; and
m. Ice pipes or chillers.
62 Del. Laws, c. 250, § 6; 67 Del. Laws, c. 130, § 9; 67 Del. Laws, c. 350, § 24; 73 Del. Laws, c. 359, § 1.;
§ 4772. Consideration of factors.
In determining whether or not an object is drug paraphernalia, a court or other authority shall consider, in addition to all
other logically-relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object, concerning its use;
(2) The proximity of the object, in time and space, to a direct violation of this chapter;
(3) The proximity of the object to controlled substances;
(4) The existence of any residue of a controlled substance on the object;
(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons
whom the owner knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter. The innocence
of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that
the object is intended for use, or designed for use, as drug paraphernalia;
(6) Instructions (oral or written) provided with the object, concerning its use;
(7) Descriptive materials accompanying the object which explain or depict its use;
(8) National and local advertising concerning its use;
(9) The manner in which the object is displayed for sale;
(10) Whether or not the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the
community, such as a licensed distributor or dealer of tobacco products;
(11) Direct or circumstantial evidence of the ratio of sales of the suspect object to the total sales of the business enterprise;
(12) The existence and scope of legitimate uses for the object in the community; and
(13) Expert testimony concerning its use.
62 Del. Laws, c. 250, § 6; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 359, § 2.;
§ 4773. Exemptions.
This subchapter will not apply to:
(1) Any person authorized by local, state or federal law to manufacture, possess or distribute such items; or
(2) Any item that in the normal lawful course of business is imported, exported, transported or sold and traditionally intended
for use with tobacco products, including any pipe, paper or accessory.
73 Del. Laws, c. 359, § 3.;
§ 4774. Penalties.
(a) Possession. -- Any person who uses or possesses with intent to use drug paraphernalia is guilty of a class A misdemeanor.
(b) Manufacture and sale. -- Any person who delivers, possesses with the intent to deliver, conveys, offers for sale, converts,
or manufactures with the intent to deliver drug paraphernalia is guilty of a class G felony.
(c) Delivery to a minor. -- Any person 18 years of age or older who violates § 4771 of this title by delivering or selling
drug paraphernalia to a person under 18 years of age is guilty of a class E felony.
(d) It is unlawful for any person to place in a newspaper, magazine, handbill or other publication any advertisement, knowing
or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to
promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty
of an unclassified misdemeanor.
62 Del. Laws, c. 250, § 6; 67 Del. Laws, c. 130, § 9; 67 Del. Laws, c. 350, § 27; 73 Del. Laws, c. 359, § 4.;
§ 4775. Consideration of factors.
Transferred to § 4772 of this title by 73 Del. Laws, c. 359, § 2, effective July 8, 2002.
(a) It is unlawful for any person to use, or possess with intent to use, drug paraphernalia.
(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, re-pack,
store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance.
(c) For the purposes of this subchapter, the term "drug paraphernalia" means all equipment, products and materials of any
kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation
of the Uniform Controlled Substances Act of Delaware. It includes, but is not limited to:
(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species
of plant which is a controlled substance or from which a controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or
preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which
is a controlled substance;
(4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances;
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6) Diluents or adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use,
or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from or otherwise
cleaning or refining marijuana;
(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled
substances;
(9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities
of controlled substances;
(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles or other objects used, intended for use, or designed for use in parenterally injecting controlled
substances into the human body;
(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine,
hashish or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads
or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion maskes;
e. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or
too short to be held in the hand;
f. Miniature cocaine spoons and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs; and
m. Ice pipes or chillers.
62 Del. Laws, c. 250, § 6; 67 Del. Laws, c. 130, § 9; 67 Del. Laws, c. 350, § 24; 73 Del. Laws, c. 359, § 1.;
§ 4772. Consideration of factors.
In determining whether or not an object is drug paraphernalia, a court or other authority shall consider, in addition to all
other logically-relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object, concerning its use;
(2) The proximity of the object, in time and space, to a direct violation of this chapter;
(3) The proximity of the object to controlled substances;
(4) The existence of any residue of a controlled substance on the object;
(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons
whom the owner knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter. The innocence
of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that
the object is intended for use, or designed for use, as drug paraphernalia;
(6) Instructions (oral or written) provided with the object, concerning its use;
(7) Descriptive materials accompanying the object which explain or depict its use;
(8) National and local advertising concerning its use;
(9) The manner in which the object is displayed for sale;
(10) Whether or not the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the
community, such as a licensed distributor or dealer of tobacco products;
(11) Direct or circumstantial evidence of the ratio of sales of the suspect object to the total sales of the business enterprise;
(12) The existence and scope of legitimate uses for the object in the community; and
(13) Expert testimony concerning its use.
62 Del. Laws, c. 250, § 6; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 359, § 2.;
§ 4773. Exemptions.
This subchapter will not apply to:
(1) Any person authorized by local, state or federal law to manufacture, possess or distribute such items; or
(2) Any item that in the normal lawful course of business is imported, exported, transported or sold and traditionally intended
for use with tobacco products, including any pipe, paper or accessory.
73 Del. Laws, c. 359, § 3.;
§ 4774. Penalties.
(a) Possession. -- Any person who uses or possesses with intent to use drug paraphernalia is guilty of a class A misdemeanor.
(b) Manufacture and sale. -- Any person who delivers, possesses with the intent to deliver, conveys, offers for sale, converts,
or manufactures with the intent to deliver drug paraphernalia is guilty of a class G felony.
(c) Delivery to a minor. -- Any person 18 years of age or older who violates § 4771 of this title by delivering or selling
drug paraphernalia to a person under 18 years of age is guilty of a class E felony.
(d) It is unlawful for any person to place in a newspaper, magazine, handbill or other publication any advertisement, knowing
or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to
promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty
of an unclassified misdemeanor.
62 Del. Laws, c. 250, § 6; 67 Del. Laws, c. 130, § 9; 67 Del. Laws, c. 350, § 27; 73 Del. Laws, c. 359, § 4.;
§ 4775. Consideration of factors.
Transferred to § 4772 of this title by 73 Del. Laws, c. 359, § 2, effective July 8, 2002.
(a) It is unlawful for any person to use, or possess with intent to use, drug paraphernalia.
(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, re-pack,
store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance.
(c) For the purposes of this subchapter, the term "drug paraphernalia" means all equipment, products and materials of any
kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation
of the Uniform Controlled Substances Act of Delaware. It includes, but is not limited to:
(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species
of plant which is a controlled substance or from which a controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or
preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which
is a controlled substance;
(4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances;
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6) Diluents or adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use,
or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from or otherwise
cleaning or refining marijuana;
(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled
substances;
(9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities
of controlled substances;
(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles or other objects used, intended for use, or designed for use in parenterally injecting controlled
substances into the human body;
(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine,
hashish or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads
or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion maskes;
e. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or
too short to be held in the hand;
f. Miniature cocaine spoons and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs; and
m. Ice pipes or chillers.
62 Del. Laws, c. 250, § 6; 67 Del. Laws, c. 130, § 9; 67 Del. Laws, c. 350, § 24; 73 Del. Laws, c. 359, § 1.;
§ 4772. Consideration of factors.
In determining whether or not an object is drug paraphernalia, a court or other authority shall consider, in addition to all
other logically-relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object, concerning its use;
(2) The proximity of the object, in time and space, to a direct violation of this chapter;
(3) The proximity of the object to controlled substances;
(4) The existence of any residue of a controlled substance on the object;
(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons
whom the owner knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter. The innocence
of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that
the object is intended for use, or designed for use, as drug paraphernalia;
(6) Instructions (oral or written) provided with the object, concerning its use;
(7) Descriptive materials accompanying the object which explain or depict its use;
(8) National and local advertising concerning its use;
(9) The manner in which the object is displayed for sale;
(10) Whether or not the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the
community, such as a licensed distributor or dealer of tobacco products;
(11) Direct or circumstantial evidence of the ratio of sales of the suspect object to the total sales of the business enterprise;
(12) The existence and scope of legitimate uses for the object in the community; and
(13) Expert testimony concerning its use.
62 Del. Laws, c. 250, § 6; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 359, § 2.;
§ 4773. Exemptions.
This subchapter will not apply to:
(1) Any person authorized by local, state or federal law to manufacture, possess or distribute such items; or
(2) Any item that in the normal lawful course of business is imported, exported, transported or sold and traditionally intended
for use with tobacco products, including any pipe, paper or accessory.
73 Del. Laws, c. 359, § 3.;
§ 4774. Penalties.
(a) Possession. -- Any person who uses or possesses with intent to use drug paraphernalia is guilty of a class A misdemeanor.
(b) Manufacture and sale. -- Any person who delivers, possesses with the intent to deliver, conveys, offers for sale, converts,
or manufactures with the intent to deliver drug paraphernalia is guilty of a class G felony.
(c) Delivery to a minor. -- Any person 18 years of age or older who violates § 4771 of this title by delivering or selling
drug paraphernalia to a person under 18 years of age is guilty of a class E felony.
(d) It is unlawful for any person to place in a newspaper, magazine, handbill or other publication any advertisement, knowing
or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to
promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty
of an unclassified misdemeanor.
62 Del. Laws, c. 250, § 6; 67 Del. Laws, c. 130, § 9; 67 Del. Laws, c. 350, § 27; 73 Del. Laws, c. 359, § 4.;
§ 4775. Consideration of factors.
Transferred to § 4772 of this title by 73 Del. Laws, c. 359, § 2, effective July 8, 2002.
