CHAPTER 132

FORMERLY

HOUSE BILL NO. 280

AS AMENDED BY HOUSE AMENDMENTS NO. 1, 2, 4 AND 5

AN ACT TO AMEND CHAPTER 47, PART IV, TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT, AND ESTABLISHING A PENALTY FOR THE MANUFACTURE, DELIVERY OR POSSESSION OF CERTAIN DRUGS CLASSIFIED UNDER SCHEDULE I AND SCHEDULE II OF THE ACT.

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

Section 1. Amend §4701, Chapter 47, Part IV, Title 16 of the Delaware Code

by adding the following definition, which shall be the first definition of the section :

" 'Addicted' or 'addiction' shall mean dependence upon a drug in the following manner :

(a) psychological dependence upon a drug in the sense that the user lacks the ability to abstain from taking or using the drug or experiences a compulsive need to continue its use; and

(b) a tolerance to the effects of the drug which leads the user to require larger and more potent doses; and

(c) such physical dependence upon the drug that the user suffers withdrawal symptoms if he is deprived of its dosage."

Section 2. Amend §4751, Chapter 47, Part IV, Title 16 of the Delaware Code, by inserting the phrase "who is addicted to narcotic drugs" after the word "person", and by redesignating the present section as subsection (a) and adding thereto two new subsections, to be designated as subsections (b) and (c) which shall read as follows :

"(b) Except as authorized by this chapter, any person who is not himself addicted to narcotic drugs who manufactures, delivers or possesses with intent to manufacture or deliver a controlled substance or a counterfeit controlled substance classified in Schedule I or II which is a narcotic drug is guilty of a felony, and upon conviction shall be fined not less than twenty-five thousand dollars ($25,000) nor more than one hundred thousand dollars ($100,000) and imprisoned for 30 years without eligibility for parole.

(c) Except as authorized by this chapter, in cases where death occurs as a result of the use or consumption of a controlled substance or counterfeit controlled substance classified in Schedule I or Schedule II which is a narcotic drug, any person not addicted to narcotic drugs who is convicted of manufacturing or delivering such drug shall be guilty of a felony and shall be sentenced to imprisonment for life, and shall not be eligible for parole until after serving 45 years from the date of conviction under this subparagraph, and if paroled the person shall remain on parole for the remainder of his natural life or until parole is terminated pursuant to Chapter 43, Title 11, Delaware Code."

Approved July 3, 1973.