CHAPTER 359

FORMERLY

SENATE BILL NO. 336

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO DRUG PARAPHERNALIA.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend § 4771, Title 16, Delaware Code by deleting that section in its entirety, and substituting in lieu thereof the following:

" §4771. Drug Paraphernalia.

(a) It is unlawful for any person to use, or possess with intent to use, drug paraphernalia.

(b) It is unlawful for any person to deliver, possess with intent to deliver, convert, manufacture, convey, sell or offer for sale drug paraphernalia, knowing or under circumstances where one should reasonably know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, re-pack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance.

(c) For the purposes of this subchapter, the term 'Drug Paraphernalia' means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Uniform Controlled Substances Act of Delaware. It includes, but is not limited to:

(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

(4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;

(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

(6) Diluents or adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;

(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or otherwise cleaning or refining marijuana;

(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;

(9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;

(11) Hypodermic syringes, needles or other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;

(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(b) Water pipes;

(c) Carburetion tubes and devices;

(d) Smoking and carburetion maskes;

(e) Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

(f) Miniature cocaine spoons, and cocaine vials;

(g) Chamber pipes;

(h) Carburetor pipes;

(i) Electric pipes;

(j) Air-driven pipes;

(k) Chillums;

(l) Bongs; and

(m) Ice pipes or chillers.

Section 2. Amend §4772, Title 16, Delaware Code by deleting it in its entirety, and by redsignating §4775, Title 16, Delaware Code as the new §4772.

Section 3. Amend §4773, Title 16, Delaware Code by deleting it in its entirety and by substituting in lieu thereof a new §4773 to read as follows:

"§4773. Exemptions.

This subchapter will not apply to:

1. Any person authorized by local, state or federal law to manufacture, possess, or distribute such items; or

2. Any item that, in the normal lawful course of business, is imported, exported, transported, or sold and traditionally intended for use with tobacco products, including any pipe, paper, or accessory."

Section 4. Amend the existing text of §4774, Title 16, Delaware Code by making it subsection (d) of that section, and by deleting the heading "Advertisement" as found therein, and by substituting in lieu thereof a new heading to read "Penalties", and by adding the following new subsections (a) through (c):

"(a) Possession.

Any person who uses or possesses with intent to use drug paraphernalia is guilty of a class A misdemeanor.

(b) Manufacture and sale.

Any person who delivers, possesses with the intent to deliver, conveys, offers for sale, converts or manufactures with the intent to deliver drug paraphernalia is guilty of a class G felony.

(c) Delivery to a minor.

Any person 18 years of age or older who violates §4771 of this title by delivering or selling drug paraphernalia to a person under 18 years of age is guilty of a class E felony."

Approved July 08, 2002