Except as authorized by this chapter, any person who:
(1) Manufactures, delivers, or possesses with the intent to manufacture or deliver a controlled substance in a Tier 4 quantity;
(2) Manufactures, delivers, or possesses with the intent to manufacture or deliver a controlled substance in a Tier 2 quantity, and there is an aggravating factor;
(3) Possesses a controlled substance in a Tier 5 quantity;
(4) Possesses a controlled substance in a Tier 3 quantity, and there is an aggravating factor; or
(5) Possesses a controlled substance in a Tier 2 quantity, as defined in any of § 4751C(4)a.-i., of this title. and there are 2 aggravating factors,
shall be guilty of a class B felony.
78 Del. Laws, c. 13, § 38.