CHAPTER 346

FORMERLY

SENATE BILL NO. 479

AN ACT TO AMEND SUBCHAPTER IV, CHAPTER 47, TITLE 16, OF THE DELAWARE
CODE RELATING TO DELIVERY OF NARCOTIC CONTROLLED SUBSTANCES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. §4751, Subchapter IV, Chapter 47, Title 16, of the Delaware Code, is hereby amended by striking said section in its entirety and substituting in lieu thereof the following:

"§4751. Prohibited acts A; Penalties.

(a) Except as authorized by this chapter, any person who manufactures, delivers, or possesses with intent to manufacture or deliver a controlled substance or a counterfeit controlled substance classified in Schedule I or ri which is a narcotic drug is guilty of a felony and shall be fined not less than $5,000 nor more than $50,000 and imprisoned not more than 25 years unless the defendant is not himself addicted to narcotic drugs in which case, upon conviction, he shall be fined not less than $25,000 nor more than $100,000 and imprisoned for 30 years without eligibility for parole.

(b) 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 ri 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 8, 1980.