CHAPTER 52

FORMERLY

SENATE BILL NO. 172

AN ACT TO AMEND CHAPTER 47, TITLE 16, DELAWARE CODE, TO CLOSE A LOOPHOLE WHICH PRECLUDES PROPER PROSECUTION OF SOME NARCOTICS VIOLATIONS.

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

Section 1. Amend §4751(b), Title 16, Delaware Code, by redesignating the said Subsection (b) as Subsection (c) and inserting therein a new Subsection (b) to read as follows:

"(b) Except as authorized by this chapter, any person who manufactures, delivers or possesses with the intent to manufacture or deliver a controlled substance or a counterfeit controlled substance classified in Schedule III, IV or V which is a narcotic drug is guilty of a felony and shall be fined not less than $3,000 nor more than $15,000 and imprisoned not more than 15 years."

Approved June 30, 1985.