CHAPTER 469

AN ACT TO AMEND CHAPTER 47, TITLE 16, DELAWARE CODE, PERTAINING TO THE MANUFACTURE, CULTIVATION, AND GROWTH OF NARCOTIC DRUGS AND DANGEROUS DRUGS AND PRESCRIBING PENALTIES FOR VIOLATIONS; LESSER INCLUDED OFFENSES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 47, Title 16, Delaware Code, is amended by adding thereto a new Section 4722A, to read as follows:

§ 4722A. Unlawful manufacture, production, cultivation or growth of dangerous drugs; penalty

Whoever knowingly and unlawfully manufactures, compounds, mixes, grows or by any other process produces or prepares a dangerous drug without complying with the licensing provisions of Section 4702 of this Chapter, is guilty of a misdemeanor and shall be fined not more than $3,000 and imprisoned not more than five (5) years.

Section 2. Chapter 47, Title 16, Delaware Code, is amended by adding thereto a new Section 4723A, to read as follows:

§ 4723A. Unlawful manufacture, production, cultivation or growth of narcotic drugs; penalty

Whoever knowingly and unlawfully manufactures, compounds, mixes, cultivates, grows or by any other process produces or prepares a narcotic drug or mixture of dangerous drug and narcotic drug without complying with the licensing provisions of Section 4702 of this Chapter, is guilty of a felony and shall be fined not more than $5,000 and imprisoned not more than ten (10) years.

Section 3. Section 4728, Chapter 47, Title 16, Delaware Code, is amended by adding thereto the following new subsections:

(1) The lesser included offense under Section 4723A are Section 4723, Section 4722A, and Section 4722.

(g) The lesser included offense under Section 4722A is Section 4722.

Approved May 28, 1970.