Del. Code 16, § 4754 : Health And Safety — Uniform Controlled Substances Act — Offenses And Penalties — Drug dealing-Aggravated possession; class D felony Date: 2 Sep 2016 TEXT PDF Current through 2016 Legislative Session, Act 399 Except as authorized by this chapter, any person who: (1) Manufactures, delivers, or possesses with the intent to manufacture or deliver a controlled substance; (2) Possesses a controlled substance in a Tier 3 quantity; or (3) Possesses a controlled substance in a Tier 1 quantity, and there is an aggravating factor, shall be guilty of a class D felony. Del. C. § 4754 78 Del. Laws, c. 13, § 42.;