Chapter 47

§ 4701 Definitions [For application of this section, see 85 Del. Laws, c. 418, § 6]. As used in this chapter: (1) “Addicted” or “addiction” shall mean dependence upon a drug in the following manner: a. Psychological dependence upon a drug in the sense that the user lacks the ability to abstain from taking or using the drug or experiences a compulsive need to continue its use; and b. A tolerance to the effects of the drug which leads the user to require larger and more potent doses; and c. Such physical dependence upon the drug that the user suffers withdrawal symptoms if the user is deprived of its dosage. (2) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means to the body of a patient or research subject by: a. A practitioner (or, in the practitioner’s presence, by the practitioner’s authorized agent); or b. The patient or research subject at the direction and in the presence of the practitioner. (3) “Administration” means the Drug Enforcement Administration, United States Department of Justice or its successor agency. (4) “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. It does not include a common or contract carrier, public warehouseperson or employee of the carrier or warehouseperson. (5) “Anabolic steroid” means any of the controlled substances defined in § 4718(f) of this title. (6) “Benzodiazepine” means any substance or drug which contains a benzene ring fused to a 7-member diazepine ring, results in the depression of the central nervous system and is primarily intended to treat insomnia, convulsions and anxiety, and used for muscle relaxation and pre-operation treatment including alprazolam, clonazepam, diazepam, lorazepam, and temazepam. (7) “Controlled substance” means a drug, substance or immediate precursor in Schedules I through V of subchapter II of this chapter. For purposes of the crimes set forth in subchapters IV and V of this chapter, and of forfeiture set forth in § 4784 of this title, “controlled substance” includes “designer drug”, as defined in paragraph (10) of this section. (8) “Counterfeit controlled substance” means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance. (9) “Deliver” or “delivery” means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. (10) “Designer drug” means a substance that has a chemical structure substantially similar to that of a controlled substance or that was specifically designed to or may produce an effect substantially similar to that of a controlled substance. Examples of chemical classes in which “designer drugs” are found include, but are not limited to, the following: Phenethylamines, N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles, arylcycloalkylamines, cannabinoids, cathinones, and any synthetic analogue of a controlled substance. “Designer drug” does not include any substance that was manufactured, delivered or dispensed in conformance with an approved new drug application, or an exemption for investigating use within the meaning of § 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 355), or that was manufactured, delivered or dispensed in conformance with a registration issued by the Attorney General of the United States within the meaning of §§ 301-304 of the Federal Controlled Substances Act (21 U.S.C. §§ 821-824). (11) “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. (12) “Dispenser” means a practitioner who dispenses. (13) “Distribute” means to deliver other than by administering or dispensing a controlled substance. (14) “Distributor” means a person who distributes. (15) “Dose” means an amount or unit of a compound, mixture, or preparation containing a controlled substance that is separately identifiable and in a form that indicates that it is the amount or unit by which the controlled substance is separately administered to or taken by an individual. A dose includes, but is not limited to: a pill; a capsule; a tablet; or a vial. (16) “Drug” means (i) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary or any supplement to any of them; (ii) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals; (iii) substances (other than food) intended to affect the structure or any function of the body of humans or animals; and (iv) substances intended for use as a component of any article specified in clause (i), (ii) or (iii) of this paragraph. It does not include devices or their components, parts or accessories. (17) “Drug detection animal trainer” means all persons, not classified as a practitioner, pharmacy, distributor, manufacturer or researcher, but under the classification of “Other Controlled Substance Registrants.” This registrant shall have formal training and may train animals for drug detection using controlled substances listed under the registration. These registrants shall have equipment and a site appropriate for registration. (18) “Drug paraphernalia” means an object designed, intended, or used to analyze, compound, conceal, contain, convert, cultivate, grow, harvest, manufacture, package, plant, prepare, process, produce, or propagate a controlled substance in violation of this chapter. “Drug paraphernalia” includes all of the following, unless otherwise authorized by law: a. An object designed, intended, or used to cultivate, grow, harvest, manufacture, package, plant, or propagate a plant species which is a controlled substance, or from which a controlled substance can be derived. b. An object designed, intended, or used to compound, convert, manufacture, prepare, process, or produce a controlled substance. c. An isomerization device designed, intended, or used to increase the potency of a plant species which is a controlled substance. d. Testing equipment designed, intended, or used to identify or analyze the effectiveness, purity, or strength of a controlled substance. e. A balance or scale designed, intended, or used to measure or weigh a controlled substance. f. A diluent or adulterant including dextrose, lactose, mannite, mannitol, and quinine hydrochloride designed, intended, or used to cut a controlled substance. g. [Repealed.] h. A blender, bowl, container, spoon, or other object designed, intended, or used to compound or mix a controlled substance. i. A balloon, capsule, container, envelope, or other object designed, intended, or used to package a small quantity of a controlled substance. j. A container or other object designed, intended, or used to conceal or store a controlled substance for sale. k., l. [Repealed.] (19) “Finished drug product” means a drug legally marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 321 et seq.) that is in finished dosage form. (20) “Finished product” means any material, compound, mixture or preparation which contains any quantity of a controlled or noncontrolled substance. (21) “Human growth hormone” is synonymous with the term “human chorionic gonadotropin.” (22) “Immediate precursor” means a substance which the Secretary has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture. (23) “Isomer” means the optical isomer, except as used in § 4714(d) of this title and § 4716(b)(4) of this title. As used in § 4714(d) of this title, the term “isomer” means the optical positional or geometric isomer. As used in § 4716(b)(4) of this title, the term “isomer” means the optical or geometric isomer. (24) “Knowingly” means a person acts knowingly with respect to any delivery, possession, use or consumption within the meaning of this chapter when the person knows or is aware of such delivery, possession, use or consumption. The person’s knowledge may be inferred by the trier of fact from the surrounding circumstances, considering whether a reasonable person in the defendant’s circumstances would have had such knowledge. A prima facie case of knowledge is established upon the introduction of some evidence of the surrounding circumstances from which a reasonable juror might infer the defendant’s knowledge. (25) “Lawful prescription or order” means a prescription or order that is issued for a legitimate medical purpose by a licensed and registered practitioner pursuant to a “patient-practitioner relationship” as defined in this section, that is not obtained by misrepresentation, fraud, forgery, deception or subterfuge, and is distributed or dispensed in conformity with § 4739 of this title. (26) “Licensed practitioner” means any individual who is authorized by law to prescribe drugs in the course of professional practice or research in any state. (27) “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. By a practitioner as an incident to the practitioner’s administering or dispensing of a controlled substance in the course of the practitioner’s professional practice; or b. By a practitioner, or by the practitioner’s authorized agent under the practitioner’s supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for delivery. (28) a. “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. b. “Marijuana” does not include any of the following: 1. The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. 2. Products approved by the US Food and Drug Administration. 3. Industrial hemp as defined in § 2801 of Title 3. (29) “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis: a. Opium opiates, derivatives of opium and opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation. Such term does not include isoquinoline alkaloids of opium. b. Poppy straw and concentrate of poppy straw. c. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine and derivatives of ecgonine or their salts have been removed. d. Cocaine, its salts, optical and geometric isomers, and salts of isomers. e. Ecgonine, its derivatives, their salts and salts of isomers. f. Any compound, mixture or preparation which contains any quantity of any of the substances referred to in paragraphs (29)a. through e. of this section. (30) “Non-benzodiazepine hypnotic” means any zaleplon, zolpidem, and any schedule II or schedule III drug, as defined by the Controlled Substances Act, 21 U.S. C. § 812(c) and 21 C.F.R. 1308, which produces effects similar to that of a benzodiazepine. (31) “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under § 4711 of this title, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms. (32) “Opium poppy” means the plant of the species Papaver somniferum L., except its seeds. (33) “Other controlled substance registrants” means all persons and firms, except persons or firms exempt from registration, who are not classified as pharmacies, distributors, manufacturers, practitioners or researchers. Examples of persons or firms in this classification include, but are not limited to, analytical laboratories and drug detection animal trainers, having a legitimate need to use “controlled substances” as defined in this section. (34) “Patient-practitioner relationship” means, with respect to prescribing drugs for a patient, that the practitioner is a licensed practitioner who meets 1 or more of the following: a. Has conducted at least 1 in-person medical evaluation of the patient and performed a medical history and physical examination sufficient to establish a diagnosis and to identify underlying conditions of, or contraindications to, the treatment recommended or provided. b. Personally knows the patient and the patient’s general health status through an existing patient-practitioner relationship. c. Provides treatment in consultation with or upon referral of another practitioner who has an existing patient-practitioner relationship with the patient and who has agreed to supervise the patient’s treatment, including follow-up care and use of the prescribed medications. d. Provides treatment to the patient through an on-call or cross-coverage situation for another practitioner who has an existing patient-practitioner relationship with the patient. e. Provides continuing medications on a short-term basis for a new patient prior to the first appointment. f. Provides treatment based upon admission orders for a newly hospitalized patient. g. Provides treatment for opioid use disorder under a properly established provider-patient relationship as provided by § 6003 of Title 24 for Schedule III through V medications approved by the Federal Drug Administration for such treatment. (35) “Person” means individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association, or any other legal entity. (36) “Personal use quantity” means 1 ounce or less of marijuana in the form of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol. “Leaf marijuana” means the dried leaves and flowering tops of the plant cannabis sativa L. (37) “Poppy straw” means all parts, except the seeds of the opium poppy, after mowing. (38) “Possession,” in addition to its ordinary meaning, includes location in or about the defendant’s person, premises, belongings, vehicle or otherwise within the defendant’s reasonable control. (39) “Practitioner” means: a. A physician, dentist, veterinarian, pharmacist, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State. b. A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of its professional practice or research in this State. (40) “Prescribe” means to give an order for medication or other therapy by authorized personnel which is dispensed to or for an ultimate user but does not include an order for medication which is dispensed for immediate administration to the ultimate user. (41) “Prescription drug” means any drug required by federal or state law or regulation to be dispensed only by or on the prescription of a practitioner licensed to prescribe drugs, or which is restricted to use by practitioners only. (42) “Prescription drug order” means any written, verbal, or electronic order of a practitioner for a prescription drug issued in accordance with regulations promulgated under this chapter. (43) “Production” includes the manufacturing, planting, cultivating, growing or harvesting of a controlled substance. (44) “Proof of age” means a document issued by a governmental agency that gives the person’s date of birth including a passport, military identification card, or driver’s license. (45) [Repealed.] (46) “Protected school zone” means either of the following: a. Any building, structure, athletic playing field, playground, or other land contained on the property of a public or private kindergarten, elementary, secondary, or vocational-technical school. b. Any area accessible to the public located within 300 feet of the property of a public or private kindergarten, elementary, secondary, or vocational-technical school, or any parked vehicle located within 300 feet of the property of a public or private kindergarten, elementary, secondary, or vocational-technical school. For the purposes of this section, an “area accessible to the public” includes: sidewalks; streets; parking lots; parks; playgrounds; stores and restaurants; and any other outdoor locations such as front porches or front yards. (47) “Purported controlled substance” means any substance that is: a. Expressly or impliedly represented to be a controlled substance; or b. Expressly or impliedly represented to be of such nature that another person will be able to distribute or use the substance as a controlled substance. (48) “Researcher” means all persons and firms, not a practitioner, who routinely performs scholarly or scientific investigations or inquiries. (49) “Secretary” means Secretary of the Department of State or the Secretary’s designee in paragraph (22) of this section; §§ 4711; 4713; 4715; 4717; 4718(m); 4719; 4720(c); 4721; 4731; 4732; 4733; 4734(a) and (b); 4735 (b), (c) and (d); 4736(a) and (b); 4737; 4738; 4739(b); 4762(e)(2); 4781(1); 4782; 4783(b); 4785; 4786; 4787(b), (c), (d), (e) and 4791(d) of this title. “Secretary” means Secretary of the Department of Safety and Homeland Security of the State or the Secretary’s designee in §§ 4740; 4781(2), (3) and (4); 4783(a) and (c); 4784; and 4787(a) of this title. “Secretary” means Secretary of the Department of Health and Social Services or the Secretary’s designee in § 4740B of this title. (50) “State,” when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof and any area subject to the legal authority of the United States of America. (51) “Ultimate user” means a person who lawfully possesses a controlled substance for the person’s own use or for the use of a member of the person’s household or for administering to an animal owned by the person or by a member of the person’s household. (52) “Vehicle” shall have the same definition as that set forth in § 101(88) of Title 21. 16 Del. C. 1953, §  4701; 58 Del. Laws, c. 424, §  1 ; 59 Del. Laws, c. 132, §  1 ; 60 Del. Laws, c. 583, §  1 ; 62 Del. Laws, c. 250, §  3 ; 62 Del. Laws, c. 252, §  1 ; 65 Del. Laws, c. 287, §§  1-3 ; 67 Del. Laws, c. 384, §§  3-6 ; 70 Del. Laws, c. 81, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 288, §§  1, 12 ; 73 Del. Laws, c. 329, §  59 ; 74 Del. Laws, c. 288, §  2 ; 75 Del. Laws, c. 350, §  193(b) ; 76 Del. Laws, c. 81, §  35 ; 77 Del. Laws, c. 155, §§  1-3 ; 78 Del. Laws, c. 13, §§  21-29 ; 78 Del. Laws, c. 61, §  1 ; 78 Del. Laws, c. 204, §§  1, 2 ; 79 Del. Laws, c. 66, §  1 ; 79 Del. Laws, c. 164, §  1 ; 80 Del. Laws, c. 38, §  1 ; 80 Del. Laws, c. 136, §  1 ; 80 Del. Laws, c. 168, §  1 ; 80 Del. Laws, c. 264, §  1 ; 81 Del. Laws, c. 410, § 1 ; 82 Del. Laws, c. 93, § 1 ; 82 Del. Laws, c. 217, § 1 ; 83 Del. Laws, c. 169, § 1 ; 83 Del. Laws, c. 505, § 1 ; 84 Del. Laws, c. 15, § 1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 332, § 1 ; 85 Del. Laws, c. 92, § 1 ; 85 Del. Laws, c. 418, § 2 ; 85 Del. Laws, c. 536, § 2 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 4711 Administration. The Secretary shall administer this chapter. Except as otherwise provided in this chapter, the Secretary may delete or reschedule substances enumerated in the schedules of controlled substances only if: (1) Such substances have been deleted from or rescheduled within the federal schedules of controlled substances by the Attorney General of the United States pursuant to 21 USC § 811, et seq.; and (2) The findings required by this chapter for placement of substances in the schedules of controlled substances have been made. 16 Del. C. 1953, §  4711; 58 Del. Laws, c. 424, §  1 ; 60 Del. Laws, c. 583, §  2 ; § 4712 Nomenclature. The controlled substances listed or to be listed in the schedules in §§ 4714, 4716, 4718, 4720 and 4722 of this title are included by whatever official, common, usual, chemical or trade name designated. 16 Del. C. 1953, §  4712; 58 Del. Laws, c. 424, §  1 ; § 4713 Schedule I tests. The Secretary shall place a substance in Schedule I if the Secretary finds that the substance: (1) Has high potential for abuse; and (2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. 16 Del. C. 1953, §  4713; 58 Del. Laws, c. 424, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 4714 Schedule I. (a) The controlled substances listed in this section are included in Schedule I. (b) Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation: (1) Acetylmethadol; (2) Allylprodine; (3) Alphacetylmethadol (except levo-alphacetylmethadol also known as levo-alpha-acetylmethadol, levomethadyl acetate or “LAAM”); (4) Alphameprodine; (5) Alphamethadol; (6) Benzethidine; (7) Betacetylmethadol; (8) Betameprodine; (9) Betamethadol; (10) Betaprodine; (11) Clonitazene; (12) Dextromoramide; (13) Dextrorphan; (14) Diampromide; (15) Diethylthiambutene; (16) Dimenoxadol; (17) Dimepheptanol; (18) Dimethylthiambutene; (19) Dioxaphetyl butyrate; (20) Dipipanone; (21) Ethylmethylthiambutene; (22) Etonitazene; (23) Etoxeridine; (24) Furethidine; (25) Hydroxypethidine; (26) Ketobemidone; (27) Levomoramide; (28) Levophenacylmorphan; (29) Morpheridine; (30) Noracymethadol; (31) Norlevorphanol; (32) Normethadone; (33) Norpipanone; (34) Phenadoxone; (35) Phenampromide; (36) Phenomorphan; (37) Phenoperidine; (38) Piritramide; (39) Proheptazine; (40) Properidine; (41) Racemoramide; (42) Trimeperidine; (43) Difenoxin; (44) Propiram; (45) Tilidine; (46)-(59) [Repealed.] (60) Any fentanyl-related substances including any substance not otherwise controlled in any schedule that is structurally related to fentanyl by one or more of the following modifications: a. Replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle; b. Substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups; c. Substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups; d. Replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; e. Replacement of the N-propionyl group by another acyl group; and f. Any modifications not as listed above. (c) Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation: (1) Acetorphine; (2) Acetyldihydrocodeine; (3) Benzylmorphine; (4) Codeine methylbromide; (5) Codeine-N-Oxide; (6) Cyprenorphine; (7) Desomorphine; (8) Dihydromorphine; (9) Etorphine; (10) Heroin; (11) Hydromorphinol; (12) Methyldesorphine; (13) Methyldihydromorphine; (14) Morphine methylbromide; (15) Morphine methylsulfonate; (16) Morphine-N-Oxide; (17) Myrophine; (18) Nicocodeine; (19) Nicomorphine; (20) Normorphine; (21) Pholcodeine; (22) Thebacon; and (23) Drotebanol. (d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) 3,4-methylenedioxy amphetamine; (2) 5-methoxy-3,4-methylenedioxy amphetamine; (3) 3,4,5-trimethoxy amphetamine; (4) Bufotenine; (5) Diethyltryptamine; (6) Dimethyltryptamine; (7) 4-methyl-2,5-dimethoxylamphetamine; (8) Ibogaine; (9) Lysergic acid diethylamide; (10) Mescaline; (11) Peyote; (12) N-ethyl-3-piperidyl benzilate; (13) N-methyl-3-piperidyl benzilate; (14) Psilocybin; (15) Psilocyn; (16) Thiophene Analog of Phencyclidine; (17) Ethylamine Analog of Phencyclidine; (18) Pyrrolidine Analog of Phencyclidine; (19) Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers and is not approved for use by the US Food and Drug Administration; (20) Parahexyl (21) 3,4-methylenedioxymethamphetamine (MDMA), its optical, positional and geometric isomers, salts and salts of isomers; (22) 2, 5-Dimethoxy-4-ethylamphetamine (DOET); (23) Alpha-ethyltrytamine; (24) Salvia divinorum; (25) Salvinorin A; and (26) [Repealed.] (e) Any material, compound, mixture or preparation which contains any quantity of the following depressant substances, including their salts, isomers and salts of isomers unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific designation: (1) Methaqualone. (2) Gamma Hydroxybutyrate (GHB). (f) Any material, compound, mixture or preparation which contains any quantity of the following stimulant substances, including their salts, isomers and salts of isomers unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific designation: (1) Fenethylline; (2) N-Ethylamphetamine; (3) Cathinone; (4) Methcathinone; (5) Aminorex; and (6) Synthetic cathinone, which means a substance containing 1 or more of the following chemical compounds: a. Mephedrone (also known as 4-MMC; 4-Methylephedrone; and 2-(methylamino)-1-(4-methylphenyl)-1-propanone); b. MDPV (also known as Methylenedioxy Pyrovalerone; 3,4-methylenedioxypyrovalerone; and 1-(1,3-benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone); c. Methylone (also known as M1; bk-MDMA; 3,4-Methylenedioxy-N-methylcathinone; and 1-(1,3-benzodioxol-5-yl)-2-(methylamino)-1-propanone); d. Naphyrone (also known as O-2482; NRG-1; Naphpyrovalerone; β-Naphyrone; and 1-(2-naphthalenyl)-2-(1-pyrrolidinyl)-1-pentanone); e. Flephedrone (also known as 4-FMC; and 1-(4-fluorophenyl)-2-(methylamino)propan-1-one); f. Methedrone (also known as 4-Methedrone; Methoxyphedrine; PMMC; para-Methoxymethcathinone; 4-methoxymethcathinone; and 1-(4-methoxyphenyl)-2-(methylamino)-1-propanone; 4-methoxy methcathinone); g. Ethcathinone (also known as Ethylpropion, N-ethylcathinone and 2-ethylaminopropiophenone; βk-Ethylamphetamine; 2-ethylaminopropiophenone; and 2-ethylamino-1-phenyl-propan-1-one, N-ethylcathinone); h. Ethylone (also known as 3,4-methylenedioxy- N -ethylcathinone; MDEC; βk-MDEA; and ( RS )-1-(1,3-benzodioxol-5-yl)-2-(ethylami-no)propan-1-one); i. Butylone (also known as β-keto MBDB; and 1-(1,3-benzodioxol-5-yl)-2-(methylamino)-1-butanone); j. Metamfepramone (also known as N,N-Dimethylcathinone; and 2-(dimethylamino)-1-phenyl-1-propanone); k. Alpha-PPP (also known as α-Pyrrolidinopropiophenone; and 1-phenyl-2-(1-pyrrolidinyl)-1-propanone); l . MOPPP (also known as 4′-Methoxy-α-pyrrolidinopropiophenone; and 1-(4-methoxyphenyl)-2-(pyrrolidin-1-yl)propan-1-one); m. MDPPP (also known as 3′,4′-Methylenedioxy-α-pyrrolidinopropiophenone; and 1-(1,3-benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-propanone); n. Alpha-PVP (also known as α-Pyrrolidinopentiophenone; α-PVP; O-2387; alpha-PVP; and 1-phenyl-2-(1-pyrrolidinyl)-1-pentanone); o. 3-FMC (also known as 3-Fluoromethcathinone; and 1-(3-fluorophenyl)-2-(methylamino)propan-1-one); p. MPBP (also known as 4′-Methyl-α-pyrrolidinobutiophenone; and ( RS )-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-butanone); and q. Methcathinone (also known as α-methylamino-propiophenone; Ephedrone (Europe); and ( RS )-2-(methylamino)-1-phenyl-propan-1-one). (g) Any synthetic cannabinoid, which means any material containing any compound, mixture, or preparation that is not a federal Food and Drug Administration (FDA) approved drug and is chemically synthesized to produce a psychotropic response by binding at 1 or more cannabinoid receptors. Synthetic cannabinoid classes include all of the following: (1) Naphthoylindoles. — Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cyc1oalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes all of the following: a. JWH 018. b. JWH 019. c. JWH 073. d. JWH 081. e. JWH 122. f. JWH 200. g. JWH 398. h. AM2201. i. WIN 55,212.2. (2) Naphthylmethylindoles. — Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2piperidinyl)methyl, or 2-(4-morpho-linyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes all of the following: a. JWH 175. b. JWH 184. (3) Naphthoylpyrroles. — Any compound containing a 3-(1naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes JWH 307. (4) Naphthylmethylindenes. — Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes JWH 176. (5) Phenylacetylindoles. — Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. This structural class includes all of the following: a. RCS-8 (SR-18). b. JWH 250. c. JWH 203. d. JWH 251. e. JWH 302. (6) Cyclohexylphenols. — Any compound containing a 2-(3hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent. This structural class includes all of the following: a. CP 47,497. b. CP 55,940. (7) Benzoylindoles. — Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. This structural class includes all of the following: a. AM694. b. RCS-4 (SR-19). c. AM679. (8) Adamantoylindoles. — Any compound containing a 3-(1adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the adamantyl ring system to any extent. This structural class includes AM1248. (h) Any material, compound, mixture, or preparation that contains any quantity of tianeptine including its salts, isomers and salts of isomers unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible. 16 Del. C. 1953, §  4714; 58 Del. Laws, c. 424, §  1 ; 61 Del. Laws, c. 261, §§  1, 2 ; 71 Del. Laws, c. 295, §  3 ; 75 Del. Laws, c. 256, §§  2, 3 ; 77 Del. Laws, c. 110, §§  1, 2 ; 78 Del. Laws, c. 61, §  2 ; 15 DE Reg 577 (Emergency) ; 78 Del. Laws, c. 204, §§  3, 4 ; 81 Del. Laws, c. 77, §  1 ; 81 Del. Laws, c. 401, § 1 ; 82 Del. Laws, c. 120, § 1 ; 83 Del. Laws, c. 335, § 1 ; 85 Del. Laws, c. 87, § 1 ; § 4715 Schedule II tests. The Secretary shall place a substance in Schedule II if the Secretary finds that: (1) The substance has high potential for abuse; (2) The substance has currently accepted medical use in treatment in the United States or currently accepted medical use with severe restrictions; and (3) The abuse of the substance may lead to severe psychic or physical dependence. 16 Del. C. 1953, §  4715; 58 Del. Laws, c. 424, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 4716 Schedule II. (a) The controlled substances listed in this section are included in Schedule II. (b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis: (1) Opium and opiate, and any salt, compound, derivative or preparation of opium or opiate. (2) Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (b)(1) of this section, but not including the isoquinoline alkaloids of opium. (3) Opium poppy and poppy straw. (4) Coca leaves, including cocaine and ecgonine and their salts, isomers, derivatives and salts of isomers and derivatives, and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine. (c) Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation: (1) Alphaprodine; (2) Anileridine; (3) Bezitramide; (4) Dihydrocodeine; (5) Diphenoxylate; (6) Fentanyl; (7) Isomethadone; (8) Levo-alphacetylmethodol (also known as levo-alpha-acetylmethadol, levomethadyl acetate, “LAAM”) (9) Levomethorphan; (10) Levorphanol; (11) Metazocine; (12) Methadone; (13) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane; (14) Moramide-Intermediate 2-methyl-3-morpholino-1, 1-diphenyl- propane-carboxylic acid; (15) Pethidine; (16) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine; (17) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate; (18) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid; (19) Phenazocine; (20) Piminodine; (21) Racemethorphan; (22) Racemorphan; (23) Sufentanil; and (24) Alfentanil. (d) Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system: (1) Amphetamine, its salts, optical isomers and salt of its optical isomers; (2) Phenmetrazine and its salts; (3) Any substance which contains any quantity of methamphetamine including its salts, isomers and salts of isomers; and (4) Methylphenidate. (e) Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: (1) Methaqualone and its salts; (2) Amobarbital; (3) Secobarbital; (4) Pentobarbital; (5) Phencyclidine; (6) Phencyclidine Immediate Precursors: a. 1-Phenylcyclohexylamine; and b. 1-Piperidinocylohexane Carbonitrile (PCC); and (7) Glutethimide. (f) (1) Immediate Precursor to Amphetamine and Methamphetamine. (2) Phenylacetone (P-2-P). (g) [Repealed.] 16 Del. C. 1953, §  4716; 58 Del. Laws, c. 424, §  1 ; 59 Del. Laws, c. 59, §  1 ; 66 Del. Laws, c. 66, §  1 ; 67 Del. Laws, c. 201, §  2 ; § 4717 Schedule III tests. The Secretary shall place a substance in Schedule III if the Secretary finds that: (1) The substance has a potential for abuse less than the substances listed in Schedules I and II; (2) The substance has currently accepted medical use in treatment in the United States; and (3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. 16 Del. C. 1953, §  4717; 58 Del. Laws, c. 424, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 4718 Schedule III. (a) The controlled substances listed in this section are included in Schedule III. (b) Unless specifically excepted or unless listed in another schedule, any compound, mixture or preparation containing limited quantities of any stimulant drugs or any salts, isomers or salts of isomers thereof and 1 or more active medicinal ingredients not having a stimulant effect on the central nervous system and in such combinations, quantity, proportion or concentration that reduce the potential abuse of the substances which have a stimulant effect on the central nervous system. (c) Unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: (1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules; (2) Chlorhexadol; (3) Lysergic acid; (4) Lysergic acid amide; (5) Methyprylon; (6) [Rescheduled]; (7) Sulfondiethylmethane; (8) Sulfonethylmethane; and (9) Sulfonmethane. (d) Nalorphine. (e) Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof: (1) Not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium; (2) Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts; (3) Not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium; (4) Not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts; (5) Not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts; (6) Not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with 1 or more ingredients in recognized therapeutic amounts; (7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts; and (8) Not more than 50 milligrams of morphine or any of its salts per 100 milliliters or per 100 grams with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts. (f) Anabolic steroids and combinations: (1) Boldenone; (2) Chlorotestosterone (4-dihydrotestosterone); (3) Clostebol; (4) Dehydrochlormethyltestosterone; (5) Dihydrotestosterone (4-dihydrotestosterone); (6) Drostanolone; (7) Ethylestrenol; (8) Fluoxymesterone; (9) Formebulone (formebulone); (10) Mesterolone; (11) Methandienone; (12) Methandranone; (13) Methandriol; (14) Methandrostenolone; (15) Methenolone; (16) Methyltestosterone; (17) Mibolerone; (18) Nandrolone; (19) Norethandrolone; (20) Oxandrolone; (21) Oxymesterone; (22) Oxymetholone; (23) Stanolone; (24) Stanozolol; (25) Testolactone; (26) Testosterone; (27) Trenbolone; and (28) Any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth. (g) Clortermine. (h) Benzphetamine. (i) Chlorphentermine. (j) Phendametrazine. (k) Ketamine. ( l ) Xylazine and its isomers, esters, ethers, salts and salts of isomers, esters and ethers. (m) The Secretary may except by rule any compound, mixture or preparation containing any stimulant or depressant substance listed in subsections (b) and (c) from the application of all or any part of this chapter if the compound, mixture or preparation contains 1 or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system. (n) Any anabolic steroid, as listed in subsection (f) of this section, which is a combination of estrogen and anabolic steroid and which is expressly intended for administration to hormone-deficient women, shall be exempt from the provisions of this chapter. If any person prescribes, dispenses or distributes an anabolic steroid which is a combination of estrogen and anabolic steroid for use by persons who are not hormone-deficient women, such person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of this chapter. (o) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved drug product. 16 Del. C. 1953, §  4718; 58 Del. Laws, c. 424, §  1 ; 67 Del. Laws, c. 201, §  1 ; 70 Del. Laws, c. 81, §  2 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 50, §  1 ; 71 Del. Laws, c. 295, §  1 ; 84 Del. Laws, c. 170, §§ 1, 5 ; 84 Del. Laws, c. 273, § 1 ; § 4719 Schedule IV tests. The Secretary shall place a substance in Schedule IV if the Secretary finds that: (1) The substance has a low potential for abuse relative to substances in Schedule III; (2) The substance has currently accepted medical use in treatment in the United States; and (3) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III. 16 Del. C. 1953, §  4719; 58 Del. Laws, c. 424, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 4720 Schedule IV. (a) The controlled substances listed in this section are included in Schedule IV. (b) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: (1) Barbital; (2) Chloral betaine; (3) Chloral hydrate; (4) Ethchlorvynol; (5) Ethinamate; (6) Methohexital; (7) Meprobamate; (8) Methylphenobarbital; (9) Paraldehyde; (10) Petrichloral; (11) Phenobarbital; (12) Mebutamate; and (13) Zolpidem. (c) The Secretary may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (b) or subsection ( l ) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains 1 or more active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantities, proportions, or concentrations that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system. (d) Fenfluramine. (e) Dextropropoxyphene, and any compound, mixture or preparation which contains any of this substance, including its salts. (f) Phentermine and any compound, mixture or preparation which contains any of this substance, including its salts. (g) Pentazocine, and any material, compound, mixture or preparation which contains any of this substance. (h) Diethylpropion. (i) Pemoline (including organometallic complexes and chelates thereof). (j) A compound mixture or preparation containing not more than 1 milligram of Difenoxin and not less than 25 micrograms of Atropine Sulfate per dosage unit. (k) Mazindol. ( l ) Any material, compound, mixture, or preparation that contains benzodiazepine, including all of the following: (1) Adinazolam. (2) Alprazolam. (3) Brotizolam. (4) Chlordiazepoxide. (5) Clonazepam. (6) Clonazolam. (7) Clorazepate. (8) Deschloroetizolam. (9) Diazepam. (10) Diclazepam. (11) Etizolam. (12) Flualprazolam. (13) Flubromazepam. (14) Flubromazolam. (15) Flunitrazepam. (16) Flunitrazolam. (17) Flurazepam. (18) Halazepam. (19) Lorazepam. (20) Meclonazepam. (21) Metizolam. (22) Midazolam. (23) Nifoxipam. (24) Nitrazolam. (25) Oxazepam. (26) Phenazepam. (27) Prazepam. (28) Pyrazolam. (29) Temazepam. (30) Triazolam. (31) Quazepam. (32) Zapizolam. 16 Del. C. 1953, §  4720; 58 Del. Laws, c. 424, §  1 ; 71 Del. Laws, c. 295, §  2 ; 82 Del. Laws, c. 55, § 1 ; § 4721 Schedule V tests. The Secretary shall place a substance in Schedule V if the Secretary finds that: (1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV; (2) The substance has currently accepted medical use in treatment in the United States; and (3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV. 16 Del. C. 1953, §  4721; 58 Del. Laws, c. 424, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 4722 Schedule V. (a) The controlled substances listed in this section are included in Schedule V. (b) Any compound, mixture or preparation containing limited quantities of any of the following narcotic drugs, which also contains 1 or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone: (1) Not more than 200 milligrams of codeine or any of its salts per 100 milliliters or per 100 grams; (2) Not more than 100 milligrams of dihydrocodeine or any of its salts per 100 milliliters or per 100 grams; (3) Not more than 100 milligrams of ethylmorphine or any of its salts per 100 milliliters or per 100 grams; (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; and (6) Not more than 0.5 milligram and no less than 24 micrograms of atropine sulfate per dosage unit. (c) Buprenorphine and its salts. 16 Del. C. 1953, §  4722; 58 Del. Laws, c. 424, §  1 ; § 4723 Republishing of schedules [Repealed]. Repealed by 60 Del. Laws, c. 583, § 3, effective July 21, 1976. Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 4731 Rules; fees; Controlled Substance Advisory Committee. (a) The Secretary may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this State. (b) The Secretary shall appoint a council to act in an advisory capacity to the Secretary and other state agencies on all matters relating to this chapter. The advisory council shall be named the Controlled Substance Advisory Committee and may serve as the Secretary’s designee in any hearing under this chapter. 16 Del. C. 1953, §  4731; 58 Del. Laws, c. 424, §  1 ; 79 Del. Laws, c. 164, §  1 ; § 4732 Registration requirements; exemptions; inspections. (a) Any pharmacy, distributor, manufacturer, practitioner, including a practitioner who holds a practice privilege, interstate compact license, an interstate telehealth registration, or a military registration, researcher or other controlled substance registrant who has or proposes to engage in activities accordingly within this State must obtain biennially a registration issued by the Secretary in accordance with the Secretary’s rules. (b) Any pharmacy, distributor, manufacturer, researcher or other controlled substance registrant is limited to those substances to the extent authorized by their registration and in conformity with the other provisions of this subchapter. (c) The following persons need not register and may lawfully possess controlled substances under this chapter: (1) Any agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if the agent or employee is acting in the usual course of the agent’s or employee’s business or employment; (2) A common or contract carrier or warehouseperson, or any employee thereof, whose possession of any controlled substance is in the usual course of business or employment; and (3) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance. (d) The Secretary may waive by rule the requirement for registration of certain manufacturers, distributors or dispensers if the Secretary finds it consistent with the public interest. (e) A separate registration is required at each principal place of business or professional practice where the applicant, including other controlled substance registrants, manufactures, distributes, dispenses or conducts research with controlled substances. (f) The Secretary or the Secretary’s representative may inspect the establishment of any registrant or applicant for registration in accordance with the Secretary’s rules. (g) Every registrant under this chapter shall be required to report any change of professional or business address in such a manner as the Secretary may require by rule. (h) As a condition of biennial renewal of registration, an applicant shall demonstrate, in such a form and by such evidence as the Secretary deems appropriate, that the applicant, if a licensed practitioner, as defined in this chapter, or such officer or employee of the applicant, if a corporation, partnership, or other business entity, as is required to be registered as an individual, has completed continuing professional education relating all of the following: (1) The prescribing, distributing, dispensing or delivery of controlled substances, as defined in this chapter. (2) The detection and recognition of symptoms, patterns of behavior, or other characteristics of impairment and dependency resulting from the abusive or illegal use of controlled substances. (3) The risks of using opioids and effective alternatives to the use of opioids. (4) Other topics as the Secretary deems appropriate. 16 Del. C. 1953, §  4732; 58 Del. Laws, c. 424, §  1 ; 65 Del. Laws, c. 501, §§  1, 2 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 288, §  7 ; 79 Del. Laws, c. 164, §  1 ; 79 Del. Laws, c. 193, §  3 ; 81 Del. Laws, c. 430, § 1 ; 84 Del. Laws, c. 378, § 1 ; § 4733 Registration; rights of registrants. (a) The Secretary shall register an applicant as a pharmacy, distributor, manufacturer, practitioner, researcher or other controlled substance registrant for purposes of manufacturing, distributing or dispensing, some or all of the controlled substances included in Schedules I-V who has an active, relevant underlying professional license in the State, or holds a practice privilege, interstate compact license, an interstate telehealth registration, or a military registration, unless the Secretary determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the Secretary shall consider the following factors: (1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels; (2) Compliance with applicable federal, state and local law, including but not limited to such requirements as having a license to practice as a practitioner or having documented training and continuing education as a drug detection animal trainer; (3) Any convictions of the applicant under any federal and state laws relating to any controlled substance; (4) Past experience in the manufacture or distribution of controlled substances and the existence in the applicant’s establishment of effective controls against diversion; (5) Furnishing by the applicant of false or fraudulent material in any application filed under this chapter; (6) Suspension or revocation of the applicant’s federal registration to manufacture, distribute, prescribe, dispense or research controlled substances as authorized by federal law; (7) Any professional license disciplined in any jurisdiction; and (8) Any other factors relevant to the public interest. (b) Registration under subsection (a) does not entitle a registrant to manufacture, research and distribute controlled substances in Schedule I or II other than those specified in the registration. (c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V if they are authorized to dispense or conduct research under the law of this State. The Secretary need not require separate registration under this subchapter for practitioners engaging in research with nonnarcotic controlled substances in Schedules II through V where the registrant is already registered under this subchapter in another capacity. Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this State upon furnishing the Secretary evidence of that federal registration. (d) Compliance by manufacturers and distributors with the federal law respecting registration (excluding fees) entitles them to be registered under this chapter. 16 Del. C. 1953, §  4733; 58 Del. Laws, c. 424, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 288, §  8 ; 79 Del. Laws, c. 164, §  1 ; 84 Del. Laws, c. 378, § 2 ; § 4734 Denial, revocation and suspension of registration; order to show cause proceedings before the Secretary. (a) A registration under § 4733 of this title may be denied, suspended or revoked by the Secretary upon a finding that the registrant’s DEA registration or underlying practitioner license has been suspended or revoked, or the registrant has failed to comply with any mandatory continuing education require