CHAPTER 261

FORMERLY

SENATE BILL NO. 291

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 47, PART IV, TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT; AND PROVIDING FOR JURISDICTION OF POSSESSION OF MARIJUANA (AND ALLIED DRUGS) CASES TO BE IN THE COURT OF COMMON PLEAS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend subsection (d), Section 4714, Chapter 47, Title 16 of the Delaware Code by striking sub-paragraphs (10) and (17) and re-designating each succeeding sub-paragraph accordingly.

Section 2. Amend §4714, Chapter 47, Part IV, Title 16 of the Delaware Code by adding thereto a new subsection, designated as subsection (e), which new subsection shall read as follows:

"(e) Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydracannabinols, their salts, isomers or salts of isomers."

Section 3. Amend §4754, Chapter 47, Part IV, Title 16 of the Delaware Code by striking said section in its entirety, and substituting in lieu thereof the following:

"§4754. Prohibited acts D; penalties

(a) It is unlawful for any person knowingly or intentionally to possess, use or consume any controlled substance or counterfeit substance classified in Schedule I, (except Schedule I controlled substances classified in §4714 (e) of this Chapter), II, III, IV or V, not a narcotic drug unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this Chapter. Any person who violates this subsection shall, upon conviction, be fined not more than five hundred dollars ($500.00), be imprisoned not more than two years, or both.

(b) It is unlawful for any person knowingly or intentionally to possess, use, or consume any Schedule I controlled substance or counterfeit substance classified in §4714 (e) of this Chapter, except as otherwise authorized by this Chapter. Any person who violates this subsection, upon conviction, shall be fined not

more than five hundred dollars ($500.00),be imprisoned not more than two years, or both."

Section 4. Amend §4777, Chapter 47, Title 16 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

§4777. Jurisdiction

(a) The Superior Court shall have original and exclusive jurisdiction over any violation of this Chapter by persons 18 years of age or older, except that the Court of Common Pleas shall have original jurisdiction over any violation of §4754 (b) of this Chapter by persons 18 years of age or older and further except that for violations of §4754 (b) of this Chapter by persons 18 years of age or older occurring within the City of Wilmington the Municipal Court for the City of Wilmington shall have original jurisdiction concurrent with the Court of Common Pleas.

(b) The Family Court shall have original and exclusive jurisdiction over violations of this Chapter by persons under age 18."

Approved May 5, 1978.