CHAPTER 485

FORMERLY

SENATE BILL NO. 109

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND SUBCHAPTER IV. TITLE 16 OF THE DELAWARE CODE RELATING TO TRAFFICKING IN MARIJUANA.

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

Section 1. Amend g4753A(a)(1), Subchapter IV, Title 16 of the Delaware Code by deleting said Paragraph (1) and inserting In lieu thereof the following:

"(1) 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. in excess of Pounds of marijuana is guilty of a Class 0 felony. which felony shall be known as 'trafficking in marijuana'. If the quantity of marijuana involved:

a. Is in excess of 5 pounds. but less than 100 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and to pay a fine of $25.000.

b. Is 100 pounds or more, but less than 500 pounds. such person shall be sentenced to a mandatory minimum term of Imprisonment of 5 years and to pay a fine of ;50,000.

c. Is 500 pounds or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and to pay a fine of ;100,000."

Approved July 9, 1986.