CHAPTER 243

RELATING TO NARCOTIC DRUGS

AN ACT TO AMEND CHAPTER 47, TITLE 16, DELAWARE CODE, RELATING TO NARCOTIC DRUGS, BY REVISING THE PENALTIES IMPOSED FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House concurring therein):

Section 1. Chapter 47, Title 16, Delaware Code, is hereby amended by striking out all of Section 4722 and inserting in lieu thereof the following:

§ 4722. Violations and penalties

(a) Whoever violates or fails to comply with any of the provisions of Sections 4702, 4703, 4704, or 4705 of this chapter shall be sentenced as follows :

(1) For the first such offense, imprisonment for not less than three (3) nor more than ten (10) years and a fine of not less than $500.00 nor more than $3,000.00 ;

(2) For the second such offense, imprisonment for not less than seven (7) nor more than twelve (12) years and a fine of not less than $1,000.00 nor more than $3,000.00;

(3) For the third or any subsequent such offense or if the offender shall have been convicted two or more times in the aggregate of any violation of the laws of the United States or of this or any other State, Territory, or District relating to narcotic drugs or marijuana, imprisonment for not less than ten (10) nor more than twenty (20) years and a fine of not less than $2,000.00 nor more than $5,000.00.

() Whoever violates or fails to comply with any of the provisions of any section of this chapter other than Sections 4702, 4703, 4704, and 4705 shall be fined not more than $3,000.00 or imprisoned not more than ten (10) years, or both.

Approved June 8, 1955