CHAPTER 87

FORMERLY

SENATE BILL NO. 134

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 47, TITLE 16, DELAWARE CODE, RELATING TO DRUG TRAFFICKING.

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

Section 1. Amend Chapter 47, Title 16 of the Delaware Code of 1974 as amended by adding a new subsection (a)(5) to Section 4753A which shall read as follows:

"(a)(5) Any person who, on any single occasion knowingly sells, manufactures, delivers or brings into this State, or who is knowingly in actual or constructive possession of 15 grams or more of amphetamine, including its salts, optical isomers and salt of its optical Isomers, or of any mixture containing any such substance, as described in §4716 (d)(1) is guilty of a Class B Felony, which felony shall be known as 'trafficking in amphetamine'.

If the quantity involved:

a. Is 15 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and to pay a fine of $50,000.

a. Is 100 grams or more, but less than 250 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 5 years and to pay a fine of $100,000.

a. Is 250 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and to pay a tine of S400,000."

Section 2. Amend Chapter 47, Title 16 of the Delaware Code of 1974 as amended by adding a new subsection (a)(8) to Section 4753A which shall read as follows:

"(a)(6) Any person who, on any single occasion knowingly sells, manufactures, delivers or brings into this State, or who is knowingly in actual or constructive possession of 15 grams or more of phencyclidine, or of any mixture containing any such substance, as described in 54718 (0(5), is guilty of a Class B Felony, which felony shall be known as 'trafficking in phencyclidine'.

If the quantity involved:

a. Is 15 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and to pay a fine of $50,000.

b. Is 100 grams or more, but less then 250 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 5 years and to pay a fine of $100,000

c. Is 250 grams or more, such person shall be sentenced to a mandatory minimum term of Imprisonment of 15 years and to pay a fine of 6400,000."

Approved June 29, 1983.