Supreme Court of Delaware

Wiggins v. State

April 7, 2020

Summary

The Court held that, under Delaware’s aggravated-possession statute, a substance qualifies as a “mixture” only if the combined components are marketable or usable in the chain of distribution. Because the State offered no evidence connecting the unidentified brown chunks to the PCP or showing that they were usable, ingestible, or marketable with it, the evidence was insufficient to establish the 15-gram threshold. The Court reversed the aggravated-possession conviction and remanded for resentencing on the lesser-included misdemeanor offense.