(a) It is unlawful to knowingly possess or use drug paraphernalia in violation of this chapter. A violation of this subsection is a class B misdemeanor.

(b) It is unlawful to knowingly deliver, possess with intent to deliver, convert, manufacture, convey, sell, or offer for sale drug paraphernalia in violation of this chapter. A violation of this subsection is a class G felony.

(c) It is unlawful to knowingly deliver, possess with intent to deliver, convert, manufacture, convey, sell, or offer for sale drug paraphernalia in violation of this chapter to a child. A violation of this subsection is a class E felony.

(d) It is unlawful to knowingly place an advertisement to promote the sale of drug paraphernalia in violation of this chapter. A violation of this subsection is an unclassified misdemeanor punishable by a fine of up to $1,000.

(e) Nothing in this section precludes law enforcement from introducing drug paraphernalia as evidence in the investigation or prosecution of an offense under this chapter involving the manufacture, delivery, or possession with intent to deliver a controlled substance.

62 Del. Laws, c. 250, §  6;  67 Del. Laws, c. 130, §  9;  67 Del. Laws, c. 350, §  24;  73 Del. Laws, c. 359, §  1;  78 Del. Laws, c. 13, §§  62, 63;  80 Del. Laws, c. 38, §  3;  81 Del. Laws, c. 410, § 1;  82 Del. Laws, c. 217, § 17;  83 Del. Laws, c. 283, § 22;  84 Del. Laws, c. 15, § 1;  85 Del. Laws, c. 536, § 3; 

In determining whether an object is drug paraphernalia, a court or other authority shall consider all of the following:

(1) Statements concerning the object’s use by the object’s owner or a person controlling the object.

(2) The proximity of the object to a direct violation of this chapter.

(3) The proximity of the object to a controlled substance.

(4) The existence of a controlled substance’s residue on the object.

(5) Direct or circumstantial evidence of the intent of an object’s owner or a person controlling the object to deliver the object to another person to facilitate a violation of this chapter. The innocence of the object’s owner or a person controlling the object may not prevent a finding that the object is drug paraphernalia.

(6) Instructions concerning the object’s use provided with the object.

(7) Descriptive materials explaining or depicting the object’s use accompanying the object.

(8) Advertising concerning the object’s use.

(9) How the object is displayed for sale.

(10) Whether the owner or a person controlling the object is a legitimate supplier of related objects.

(11) Evidence of the ratio of sales of the object to the total sales of the business.

(12) The existence and scope of legitimate uses for the object.

(13) Expert testimony concerning the object’s use.

62 Del. Laws, c. 250, §  6;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 359, §  2;  85 Del. Laws, c. 536, § 4; 

This subchapter does not apply to:

(1) A person authorized by law to manufacture, possess, or distribute an object potentially constituting drug paraphernalia.

(2) An object potentially constituting drug paraphernalia intended for possession or use with a marijuana or tobacco product that is exported, imported, sold, or transported legally in this State.

(3) An object designed, intended, or used to analyze or test a controlled substance, including testing equipment designed, intended, or used to analyze or identify the strength, effectiveness, or purity of a controlled substance, including a “drug-testing strip” as defined under § 2226 [repealed] of this title.

(4) An object designed, intended, or used to conceal, contain, or store a controlled substance.

(5) An object designed, intended, or used to ingest, inhale, inject, or otherwise introduce into the human body a controlled substance, including any of the following:

a. A hypodermic syringe or needle.

b. A bong, carburetion mask or tube, chiller, chillum, cocaine spoon, cocaine vial, pipe, roach clip, or other object used to hold burning material.

73 Del. Laws, c. 359, §  3;  83 Del. Laws, c. 21, § 2;  84 Del. Laws, c. 170, §§ 3, 5;  84 Del. Laws, c. 273, § 1;  85 Del. Laws, c. 461, § 8;  85 Del. Laws, c. 536, § 5; 

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;  repealed by 85 Del. Laws, c. 536, § 6, effective Sept. 30, 2026.; 

Transferred to § 4772 of this title by 73 Del. Laws, c. 359, § 2, effective July 8, 2002.