Can I Face Drug Charges for Possessing Unprescribed Medication in Delaware?

The State of Delaware has a comprehensive set of drug possession regulations that make it illegal to possess restricted substances without a legitimate prescription. Such laws are in place to prevent drug misuse and addiction, which harms communities and individuals. Selling or possessing these substances is a crime in Delaware. You can face drug charges for possessing medication that was not prescribed to you.

You might be charged with drug possession depending on the kind of drug you possess and the quantity of the drug you possess. The penalties tend to be more severe when there is a higher quantity of drugs. In addition, the penalties are harsher when aggravating circumstances occur or if you’ve been convicted of a drug crime before. Possessing small amounts of a drug could result in a misdemeanor charge. Possessing larger amounts of a drug might result in a felony.

In some cases, you might be charged with a crime even if you have a legitimate prescription for the drug. You may have more of the drug than you were prescribed or are using it illegally.

Punishment for drug offenses in Delaware ranges from a small fine to several years. Fortunately, you can defend yourself from these charges with the help of a seasoned Wilmington criminal defense lawyer.

Understanding the law 

Delaware law on possessing prescription drugs can be found in 16 DE Code § 4761 (2024). Under the law, it is illegal to knowingly or intentionally possess, use, or consume any prescription drug that is not a controlled substance but for which a prescription is required. The penalty for possessing a prescription drug is an unclassified misdemeanor. It is a crime unless the drug was prescribed by a licensed practitioner, the possession or transfer of the substance was for medical or scientific use, or the following people:

• Pharmacists
• Practitioners
• Those who procure controlled substances in good faith and in the course of professional practice only, by or under the supervision of pharmacists or practitioners employed by them, or for the purpose of lawful research, teaching, or testing, and not for resale.
• Hospitals that procure controlled substances for lawful administration by practitioners, but only for use by or in the particular hospital.
• Officers or employees of the state, federal, or local governments acting in their official capacity only, or informers acting under their jurisdiction.
• Common carriers
• Manufacturers, wholesalers, and distributors
• Law enforcement officers for bona fide law enforcement purposes in the course of an active criminal investigation.

Unless you are one of the aforementioned people, it is illegal for you to possess a drug that was not prescribed to you. You can face an unclassified misdemeanor penalty, and likely pay a fine, or risk jail time.

Talk to a Wilmington, DE, Drug Possession Lawyer Today 

Michael W. Modica represents the interests of Wilmington residents who are facing drug charges. Call our Wilmington criminal lawyers today to schedule an appointment, and we can begin discussing your defense right away.