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Penalties For Cocaine Possession In Delaware


Delaware’s drug laws are some of the toughest in the US, but not all controlled substances are treated the same. The statute classifies drugs according to their potential for abuse and accepted usage by the medical community, and cocaine is considered among the most dangerous. Aside from the type of drug, the Delaware’s Uniform Controlled Substances Act also addresses the activities that are prohibited. “Possession” is defined as having cocaine located in or about your person, vehicle, or bag, or otherwise stowing the drugs in a place where you have control over them.

The type of drug and prohibited activity are two key factors in determining punishment for a conviction, as is the amount of the controlled substance. Therefore, the range of penalties can vary significantly, and retaining a Wilmington drug crimes defense lawyer is essential. Some information on jail terms and fines for cocaine possession is helpful, and you might benefit from reviewing some details about related offenses.

 Penalties for Cocaine Possession

 From the above definition, you can see that possession can be actual, which usually means you have the drugs in a pocket, your purse, clothing, and other accessories you keep close to your body. It could be a case of constructive possession when you exercise control over cocaine. Examples include having it in a vehicle glove box or trunk, a backpack, or your desk drawer.

Still, the penalties are the same whether you are convicted of actual or constructive possession. Under Delaware’s system of tiers for drug offenses, you face:

  • Possession of cocaine in lower amounts is a Class A Misdemeanor, punishable by up to one year incarceration and a $2,300 fine.
  • If you have more than 10 grams of cocaine in your possession, the offense is a Class E Felony. The maximum prison term is 5 years.
  • Cocaine possession in excess of 25 grams is a Class B Felony. There is a mandatory minimum of 2 years in prison, though a judge could order up to 25 years’ incarceration. 

Other Cocaine Offenses Under Delaware Drug Laws 

State controlled substances statutes also punish selling and trafficking in cocaine, which are considered to be more serious offenses. At minimum, it is a Class C Felony to sell any amount of cocaine. The maximum prison term is 15 years, though aggravated circumstances could lead to mandatory minimum sentencing.

Trafficking in more than 10 grams or more of cocaine is a Class B Felony punishable as described above. Larger amounts do not change the charges, but the mandatory minimum prison term increases when trafficking in higher amounts. For instance, 50 – 100 grams could require a judge to sentence at least 4 years.

Get in Touch with a Delaware Drug Offenses Defense Attorney Right Away

 Because cocaine is considered such an addictive, dangerous controlled substance, the penalties for a conviction are extremely harsh. You put your rights at risk by trying to represent yourself, so please contact Attorney Michael W. Modica to schedule a consultation. You can reach our Wilmington, DE office by calling 302.600.1262 or checking out our website.

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