CHAPTER 384

FORMERLY

HOUSE BILL NO. 311

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 47, PART IV, TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT; AND REGULATING THE POSSESSION AND DELIVERY OF NON-CONTROLLED PRESCRIPTION DRUGS.

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

Section 1. Amend §4754A, Chapter 47, Part IV, Title 16 of the Delaware Code by striking the Title to said section in its entirety, and substituting in lieu thereof the following:

"§4754A. Possession and delivery of a non-controlled prescription drug."

Section 2. Amend §4754A, Chapter 47, Part IV, Title 16 of the Delaware Code by adding thereto the following new subsections:

"(d) Any person who delivers or possesses with intent to deliver a non-controlled prescription drug not obtained directly from, nor pursuant to, a valid prescription or order of a practitioner who is acting in the course of his professional practice, or except as otherwise authorized by the statutes of this State, shall be guilty of a class E felony.

(e) To distribute, sell, offer to sell, dispense, administer or prescribe any anabolic steroid or human growth hormone, or any counterfeit substance purporting to be an anabolic steroid or human growth hormone, for purposes of human body building or enhancement of human athletic performance, is a violation of Subsection (d) of this Section. For purposes of this section it is not a valid medical practice to distribute, sell, offer to sell, dispense, administer or prescribe any anabolic steroid or human growth hormone, or counterfeit substance purporting to be an anabolic steroid or human growth hormone, for purposes of human body building or enhancement of human athletic performance.

(f) For purposes of this section, the words "body building" shall mean the increasing of muscle mass, muscle strength or muscle weight. For purposes of this section, the words "athletic enhancement" shall mean the improvement of performance in any form of exercise, sport or game."

Section 3. Amend §4701, Chapter 47, Part IV, Title 16 of the Delaware Code by re-designating present subsection (14) as new subsection (15); and by re-designating each succeeding subsection accordingly.

Section 4. Amend §4701, Chapter 47, Part IV, Title 16 of the Delaware Code by adding thereto a new subsection, designated as subsection (14), which new subsection shall read as follows:

"(14) 'Human growth hormone' is synonymous with the term 'human chorionic gonadotropin.'

Section 5. Amend §4701, Chapter 47, Part IV, Title 16 of the Delaware Code by re-designating present subsection (4) as new subsection (5); and by re-designating each succeeding Subsection accordingly.

Section 6. Amend §4701, Chapter 47, Part IV, Title 16 of the Delaware Code by adding thereto a new subsection, designated as subsection (4), which new subsection shall read as follows:

"(4) 'Anabolic steroid' shall mean but is not limited to any isomer, ester, salt, or derivative of the following that acts in the same manner on the human body:

a. Clostebol

b. dehydrochlormethyltestosterons

c. ethylestroenol

d. fluoxymesterone

e. human growth hormone

f. mesterolone

g. methandlenone

h. methandrostenolone

i. methenolone

j. methyltestosterone

k. nondrolone

1. norethandrolone

m. oxandrolone

n. oxymesterone

o. oxymetholone

p. stanozolol

q. testosterone"

Approved July 17, 1990.