(a) It is unlawful for any person:

(1) Who is subject to subchapter III of this chapter to distribute or dispense a controlled substance in violation of § 4739 of this title;

(2) Who is a registrant, to manufacture a controlled substance not authorized by the person’s registration or to distribute or dispense a controlled substance not authorized by the person’s registration to another registrant or other authorized person;

(3) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this chapter; or

(4) To refuse an entry into any premises for any inspection authorized by this chapter.

Attorney's Note

Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class F felonyup to 3 years
Class A misdemeanorup to 1 yearup to $2,300
For details, see Del. Code Ann.tit. 11, § 4205 and Del. Code Ann.tit. 11, § 4206

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Terms Used In Delaware Code Title 16 Sec. 4759

  • controlled substance: includes "designer drug" as defined in paragraph (10) of this section. See Delaware Code Title 16 Sec. 4701
  • Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing for a legitimate medical purpose by an individual practitioner in the usual course of the practitioner's professional practice, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery. See Delaware Code Title 16 Sec. 4701
  • Distribute: means to deliver other than by administering or dispensing a controlled substance. See Delaware Code Title 16 Sec. 4701
  • 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:

    a. 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) Any person who violates paragraph (a)(1), (a)(2), or (a)(4) of this section shall be guilty of a class F felony. Any person who violates paragraph (a)(3) of this section shall be guilty of a class A misdemeanor.

16 Del. C. 1953, § ?4755; 58 Del. Laws, c. 424, § ?1; 65 Del. Laws, c. 500, § ?1; 67 Del. Laws, c. 130, § ?9; 67 Del. Laws, c. 350, § ?18; 70 Del. Laws, c. 186, § ?1; 78 Del. Laws, c. 13, § ?46;