Delaware Code § 16-4751C

Quantity tiers related to drug offenses
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For the purposes of this subchapter:
(1) "Tier 3 Controlled Substances Quantity'' means:
a. 25 grams or more of cocaine or of any mixture containing cocaine, as described in § 4716(b)(4) of this title;
b. 5 grams or more of any morphine, opium or any salt, isomer or salt of an isomer thereof, including heroin, as described in §
4714 of this title, or of any mixture containing any such substance;
c. 5000 grams or more of marijuana, as described in § 4701(28) of this title;
d. 25 grams or more of methamphetamine, including its salt, isomer or salt of an isomer thereof, or of any mixture containing any
such substance, as described in § 4716(d)(3) of this title;
e. 25 grams or more of amphetamine, including its salts, optical isomers and salt of its optical isomers, or of any mixture containing
any such substance, as described in § 4716(d)(1) of this title;
f. 25 grams or more of phencyclidine, or of any mixture containing any such substance, as described in § 4716(e)(5) of this title;
g. 500 or more doses or, in a liquid form, 50 milligrams or more of lysergic acid diethylamide (LSD), or any mixture containing
such substance, as described in § 4714(d)(9) of this title;
h. 62.5 or more doses or 12.5 or more grams or 12.5 milliliters or more of any substance as described in § 4714 of this title that
is not otherwise set forth in this section, a designer drug as described in § 4701(10) of this title, or of any mixture containing any
such substance;

i. 62.5 or more doses or 12.5 or more grams or 12.5 milliliters or more of 3,4-methylenedioxymethamphetamine (MDMA), its
optical, positional and geometric isomers, salts and salts of isomers, or any mixture containing such substance, as described in §
4714(d)(21) of this title.
(2) "Tier 2 Controlled Substances Quantity" means:
a. 10 grams or more of cocaine or of any mixture containing cocaine, as described in § 4716(b)(4) of this title;
b. 2 grams or more of any morphine, opium or any salt, isomer or salt of an isomer thereof, including heroin, as described in §
4714 of this title, or of any mixture containing any such substance;
c. 1500 grams or more of marijuana, as described in § 4701(28) of this title;
d. 10 grams or more of methamphetamine, including its salt, isomer or salt of an isomer thereof, or of any mixture containing any
such substance, as described in § 4716(d)(3) of this title;
e. 10 grams or more of amphetamine, including its salts, optical isomers and salt of its optical isomers, or of any mixture containing
any such substance, as described in § 4716(d)(1) of this title;
f. 10 grams or more of phencyclidine, or of any mixture containing any such substance, as described in § 4716(e)(5) of this title;
g. 50 or more doses or, in a liquid form, 5 milligrams or more of lysergic acid diethylamide (LSD), or any mixture containing
such substance, as described in § 4714(d)(9) of this title;
h. 25 or more doses or 5 or more grams or 5 milliliters or more of any substance as described in § 4714 of this title that is not
otherwise set forth in this section, a designer drug as described in § 4701(10) of this title, or of any mixture containing any such
substance;
i. 25 or more doses or 5 or more grams or 5 milliliters or more of 3,4-methylenedioxymethamphetamine (MDMA), its optical,
positional and geometric isomers, salts and salts of isomers, or any mixture containing such substance, as described in § 4714(d)
(21) of this title; or
j. 60 or more substantially identical doses of a narcotic Schedule II or III controlled substance that is a prescription drug, or 6
grams or more of any mixture that contains a narcotic Schedule II or III controlled substance that is a prescription drug.
(3) "Tier 1 Controlled Substances Quantity" means:
a. 5 grams or more of cocaine or of any mixture containing cocaine, as described in § 4716(b)(4) of this title;
b. 1 gram or more of any morphine, opium or any salt, isomer or salt of an isomer thereof, including heroin, as described in §
4714 of this title, or of any mixture containing any such substance;
c. 175 grams or more of marijuana, as described in § 4701(28) of this title;
d. 5 grams or more of methamphetamine, including its salt, isomer or salt of an isomer thereof, or of any mixture containing any
such substance, as described in § 4716(d)(3) of this title;
e. 5 grams or more of amphetamine, including its salts, optical isomers and salt of its optical isomers, or of any mixture containing
any such substance, as described in § 4716(d)(1) of this title;
f. 5 grams or more of phencyclidine, or of any mixture containing any such substance, as described in § 4716(e)(5) of this title;
g. 25 or more doses or, in a liquid form, 2.5 milligrams or more of lysergic acid diethylamide (LSD), or any mixture containing
such substance, as described in § 4714(d)(9) of this title;
h. 12.5 or more doses or 2.5 or more grams or 2.5 milliliters or more of any substance as described in § 4714 of this title that
is not otherwise set forth in this section, a designer drug as described in § 4701(10) of this title, or of any mixture containing any
such substance;
i. 12.5 or more doses or 2.5 or more grams or 2.5 milliliters or more of 3,4-methylenedioxymethamphetamine (MDMA), its optical,
positional and geometric isomers, salts and salts of isomers, or any mixture containing such substance, as described in § 4714(d)
(21) of this title; or
j. 30 or more substantially identical doses of a narcotic Schedule II or III controlled substance that is a prescription drug, or 3
grams or more of any mixture that contains a narcotic Schedule II or III controlled substance that is a prescription drug.
(4), (5) [Transferred to (2), (3).]

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