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 2 quantity;
(2) Manufactures, delivers, or possesses with the intent to manufacture or deliver a controlled substance, and there is an aggravating factor;
(3) Possesses a controlled substance in a Tier 4 quantity as defined in any of § 4751C(2)a.-i. of this title;
(4) Possesses a controlled substance in a Tier 2 quantity, as defined in any of § 4751C(4)a.-i. of this title; and there is an aggravating factor; or
(5) Possesses a controlled substance in a Tier 1 quantity, and there are 2 aggravating factors,
shall be guilty of a class C felony.
78 Del. Laws, c. 13, § 40.
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