CHAPTER 317

FORMERLY

SENATE BILL NO. 415

AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 47, TITLE 16, OF THE DELAWARE CODE RELATING TO THE CRIMINALIZAT1ON OF TRAFFICKING IN L.S.D. AND DESIGNER DRUGS.

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

Section 1. Amend Chapter 47, Title 16 of the Delaware Code by striking the Title of Section 4753A, and substituting in lieu thereof the following:

"§4753A. Trafficking in Maritima, Cocaine. Illegal Drugs, Methamphetamines, L.S.D.. or Designer Drugs"

Section 2. Amend subsection (a), Section 4753A, Chapter 47, Title 16 of the Delaware Code by adding a new subparagraph (7), thereto to read as follows:

"(7) Any person, who, on any single occasion, knowingly sells, manufactures, delivers. or brings into thls State, or who is knowingly in actual or constructive possession of 50 or more doses (each dose constitutes up to 100 micrograms) or in a liquid form 5 miligrams or more of Lysergic Acid Diethylamide (L.S.D.), or any mixture containing such substance, as described in §4714(d)(9) of this Title is guilty of • Class B Felony known as 'Trafficking in L.S.D.'. If the quantity Involved:

a. s in excess of 50 or more doses, or in liquid form 5 milligrams but less than 100 doses or in liquid form less than 10 milligrams, such person shall be sentenced to a mandatory minimum term of imprisonment of three years and pay a fine of $50,000.00.

b. Is in excess of 100 doses, or in liquid form 10 milligrams, but less than 500 doses, or in liquid form less than 50 milligrams, such person shall be sentenced to a mandatory minimum term of imprisonment of five years and to pay a fine of $100,000.00.

c. h in excess of 500 doses or more or in liquid form SO milligrams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of fifteen years and to pay a fine of $400,000.00.

Section 3. Amend subsection (a). Section 4753A, Chapter 47, Title 16 of the Delaware Code by adding a new subparagraph (8) thereto to read as follows:

"(8)a. Any person who, on any single occasion, knowingly sells, manufactures, delivers or brings into this State, with intent to deliver a Designer Drug, or any mixture containing any such substance, as described in 54701(8) of this Title, is guilty of a Class B Felony, which felony shall be known as 'Trafficking In Designer Drugs'. Such person shall be sentenced to a mandatory minimum term of imprisonment of fifteen years and to pay a fine of not less than $400,000.00

c. This subsection does not apply to a person who manufactures or delivers a substance in conformance with the provisions of an approved new drug application or an exemption for investigating we within the meaning of 5505 of the Federal Food Drug and Cosmetic Act '(21 U.S.C. 344)' or to a person who manufactures, distributes or dispenses controlled substances in conformance with a registration issued by the Attorney General of the United States within the meaning of 51301-51304 of the Federal Controlled Substances Act (21 U.S.C. 821- 824)."

Approved June 27, 1986