CHAPTER 287

FORMERLY

SENATE BILL NO. 414

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 47, TITLE 16, OF THE DELAWARE CODE RELATING TO THE DEFINITION OF CERTAIN ILLEGAL DRUGS.

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

Section 1. Amend Section 4701, Subsection (18), Chapter 47, Title 16 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof a new subsection (18) to read u follows:

"(18) 'Narcotic Drug' means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin, or Independently by means of chemical synthesis.

a. Opium opiates, derivatives of opium and opiates, including their isomers, esters, ethers, salts and salts of isomers, esters, and ethers, whenever the existence of such homers, esters, ethers, and salts is possible within the specific chemical designation. Such term does not include isoguinoline alkaloids of opium.

b. Poppy straw and concentrate of poppy straw.

c. Coca leaves, except coca leaves and extracts of coca leave from which cocaine, ccgonine and derivatives of ecgonine of their salts have been removed.

d. Cocaine, its salts, optical and geometric isomers, and salts of homers.

e. Ecgonine, its derivatives, their salts, and salts of homers.

f. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraph (a) through (e)."

Section 2. Amend §4701, Chapter 47, Title 16 of the Delaware Code by redesignating Subsections (8) through (14) as Subsections (9) through (15) and creating a new subsection (8) to read as follows:

"(8) 'Designer Drug' means a substance other than a controlled substance that has a chemical structure substantially similar to that of a controlled substance or that was specifically designated to produce an effect substantially similar to that of a controlled substance. Example of chemical classes in which 'Designer Drugs' arc found include, but are not limited to the following: Phenctitylamines. N Substituted Piperdines, Morphinans. Ecogonines, Quinazolinones. Substituted lottoles, and Arylcycloalkylamines."

Scction 3. Amend §4701, Chapter 47, Title 16 of the Delaware Code by redesignating previously existing Subsections (15) through (28) as Subsections (17) through (30) and creating a now Subsection (16) to read u follows:

"(16) 'Isomer' means the optical isomer, except as used in §4714(d) Schedule I of this Title and §4716(bX4). Schedule II of this Title. As used In §4714(d) Schedule I of this Title, the term 'homer' means the optical positional or geometric isomer. As used in 14716(b)(4), Schedule II of this Title, the tcrm 'isomer' means the optical or geometric isomer."

Approved June 18, 1986.