CHAPTER 504

FORMERLY

HOUSE BILL NO. 536

AN ACT TO AMEND CHAPTER 47, TITLE 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES, AND TO THE POSSESSION OR ATTEMPTED POSSESSION OF PRESCRIPTION MEDICATIONS BY ILLEGAL OR FRAUDULENT MEANS, AND PENALTIES APPLYING THERETO.

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

Section 1. Amend Subsection (a), Section 4756. Chapter 47, Title 16 of the Delaware Code by striking the present subparagraph (2) in its entirety and adding a new subparagraph (2) thereto to read as follows:

"(2) To use in the course of the manufacture, distribution or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, expired or issued to another person."

Section 2. Amend Subsection (a), Section 4756, Chapter 47, Title 26 of the Delaware Code by adding a new subparagraph (6) thereto a read as follows:

"(6) To acquire or attempt to or obtain possession of a controlled substance by robbery, burglary or theft."

Section 3. Amend Subsection (a), Section 4756, Chapter 47, Title 16 of the Delaware Code by adding a new subparagraph (7) thereto to read as follows:

"(7) To acquire or obtain or attempt to acquire or obtain, possession of a substance for which a valid prescription or order of a practitioner is required, by misrepresentation, fraud, forgery, deception or subterfuge."

Section 4. Amend Subsection (b), Section 4756, Chapter 47, Title 16 of the Delaware Code by striking said Subsection In its entirety and substituting in lieu thereof the following:

"(b) Any person who violates this Section upon conviction shall be guilty of a felony, and upon conviction shall be fined not more than $3,000.00 or Imprisoned not more than ten years or both."

Approved July 9, 1986.