§ 4774 — Penalties [For application of this section, see 80 Del. Laws, c. 38, § 6]

(a)Possession. —Except as described in subsection (b) of this section, any person who uses or possesses with intent to use drug paraphernalia is guilty of a class B misdemeanor.

(b)Possession for personal use of marijuana. —Any person who uses or possesses drug paraphernalia for the use or possession of a personal use quantity of marijuana shall be assessed a civil penalty of not more than $100, in addition to such routine assessments necessary for the administration of civil violations.

(c)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.

(d)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.

(e) 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.

Legislative History

62 Del. Laws, c. 250, § 6 ; 67 Del. Laws, c. 130, § 9 ; 67 Del. Laws, c. 350, § 27 ; 73 Del. Laws, c. 359, § 4 ; 78 Del. Laws, c. 13, § 64 ; 80 Del. Laws, c. 38, § 4