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.
78 Del. Laws, c. 13, § 42.
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