CHAPTER 216

FORMERLY

HOUSE BILL NO. 113

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES.

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

Section 1. Amend Section 4753A of Title 16 of the Delaware Code by inserting in subsection (a) the following:

"(9) 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 25 or more doses or tablets or 5 or more grams or 5 mls or more of 3, 4-methylenedioxymethamphetamine (MDMA), its optical, positional and geometric isomers, salts and salts of isomers; or any mixture containing such substance, as described in § 4714(d)(21) of this title, is guilty of a Class B felony known as "Trafficking in MDMA". If the quantity involved:

a. Is 25 doses or tablets or more, but less than 250 doses or tablets, or 5 grams or more, but less than 50 grams, or 5 mls or more, but less than 50 mls, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and to pay a fine of $50,000.

b. Is 250 doses or tablets, or more, but less than 500 doses or tablets, or 50 grams or more, but less than 100 grams, or 50 mls or more, but less than 100 mls, such person shall be sentenced to a mandatory minimum term of imprisonment of 5 years and to pay a fine of $100,000.

c. Is in excess of 500 doses or tablets, or 100 grams or 100 mls such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and to pay a fine of $400,000."

Approved January 22, 2002