Del. Code 16, § 4758 : Health And Safety — Uniform Controlled Substances Act — Offenses And Penalties — Unlawful dealing in a counterfeit or purported controlled substance; class E felony Date: 2 Sep 2016 TEXT PDF Current through 2016 Legislative Session, Act 399 (a) Any person who knowingly manufactures, delivers, attempts to manufacture or deliver, or possesses with the intent to manufacture or deliver a counterfeit or purported controlled substance shall be guilty of a class E felony. (b) It is no defense to prosecution under this section that the substance actually is a controlled substance or that the accused believed the substance was a controlled substance. Del. C. § 4758 78 Del. Laws, c. 13, § 55.;