CHAPTER 539

AN ACT TO AMEND TITLE 16, CHAPTER 47, PERTAINING TO CRIMINAL OFFENSES OF SALE, POSSESSION AND USE OF NARCOTIC DRUGS AND DANGEROUS DRUGS AND PRESCRIBING PENALTIES FOR SUCH VIOLATIONS.

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

Section 1. Section 4730, Title 16, Delaware Code, is hereby amended by amending the catch line to read as follows:

§ 4730. Additional minimum and reduced penalties; conditional discharge

Section 2. Section 4730, Title 16, Delaware Code, is hereby further amended by adding thereto a new subsection to be designated as subsection (c) and to read as follows:

(c) Conditional discharge for possession as first offense

Whenever any person who has not previously been convicted of any offense under the laws of this State, the District of Columbia or any other state in the United States relating to narcotic drugs or dangerous drugs as the same are defined in Section 4701 hereof, pleads guilty or is found guilty of possession of a dangerous drug or narcotic drug in accordance with Sections 4722 and 4723, respectively, hereof, the court may, without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him on probation upon such reasonable terms and conditions as it may require. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge such person and dismiss the proceedings against him and shall simultaneously with said discharge and dismissal submit to the Attorney General of the State of Delaware a written report specifying the name of the person and the nature of the proceedings against him, which report shall be retained by the Attorney General for further proceedings, if required. Discharge and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime (including the additional penalties imposed for second or subsequent convictions under Sections 4730 (a) of this Act). Discharge and dismissal under this section may occur only once with respect to any person. The provisions hereof shall be applicable to violations of Sections 4722 and 4723 only and only as the same are related to possession.

Approved June 9, 1970.