CHAPTER 288

FORMERLY

HOUSE BILL NO. 135

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AND

SENATE AMENDMENT NOS. 1 & 2

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO DESIGNER DRUGS OR OTHER CONTROLLED SUBSTANCES.

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

Section 1. Amend § 4753A, Title 16 of the Delaware Code by striking the catchline of that Section in its entirety and substituting in lieu thereof the following:

“§ 4753A. Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L. S. D.), designer drugs, or 3,4-methylenedioxymethamphetamine (MDMA).”.

Section 2. Amend § 4701(9), Title 16 of the Delaware Code by striking the phrase “other than a controlled substance” as it appears in that subsection.

Section 3. Amend § 4753A(a)(8), Title 16 of the Delaware Code by striking that paragraph in its entirety and substituting in lieu thereof the following:

“(8)a. 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 twenty-five (25) or more doses or tablets or five (5) or more grams or five (5) milliliters or more of a designer drug or any mixture containing any such substance, as described in § 4701(9) of this Title, is guilty of a Class B felony, which felony shall be known as “trafficking in designer drugs”. If the quantity involved:

(i) Is twenty-five (25) doses or tablets or more, but less than two-hundred fifty (250) doses or tablets, or five (5) grams or more, but less than fifty (50) grams, or five (5) milliliters or more, but less than fifty (50) milliliters, such person shall be sentenced to a mandatory minimum term of imprisonment of two (2) years and to pay a fine of $50,000.

(ii) Is two-hundred fifty (250) doses or tablets, or more, but less than five-hundred (500) doses or tablets, or fifty (50) grams or more, but less than one-hundred (100) grams, or fifty (50) milliliters or more, but less than one-hundred (100) milliliters, such person shall be sentenced to a mandatory minimum term of imprisonment of four (4) years and to pay a fine of $100,000.

(iii) Is of five-hundred (500) doses or tablets or more, or one-hundred (100) grams or more, or one-hundred (100) milliliters or more such person shall be sentenced to a mandatory minimum term of imprisonment of eight (8) years and to pay a fine of $400,000.

b. This paragraph does not apply to a person who manufactures or delivers a substance in conformance with an approved new drug application or an exemption for investigating use within the meaning of § 505 of the Federal Food, Drug and Cosmetic Act (21 U. S. C. § 355) or to a person who manufactures, distributes or dispenses controlled substances in conformance with a registration issued by the Attorney General of the United States within the meaning of §§ 301-304 of the Federal Controlled Substances Act (21 U. S. C. §§ 821-824).”.

Section 4. Amend § 4753A(a)(7) c., Title 16 of the Delaware Code by striking the phrase “Is in excess of 500 doses or more,” as it appears in that subparagraph and by substituting in lieu thereof the phrase “Is five-hundred (500) doses or more,”.

Section 5. Amend § 4753A(a)(9) c., Title 16 of the Delaware Code by striking the phrase “Is in excess of 500 doses or tablets, or 100 grams, or 100 milliliters” as it appears in that subparagraph and by substituting in lieu thereof the phrase:

“Is five-hundred (500) doses or tablets or more, or one-hundred (100) grams or more, or one-hundred (100) milliliters or more”.

Approved June 29, 2004