CHAPTER 385

FORMERLY

HOUSE BILL NO. 492

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

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

Section 1. Amend § 4758 of Title 16 of the Delaware Code by deleting the existing subsection (b) and replacing thereto as follows:

“(b) Any person who violates subsection (a) upon conviction shall be guilty of a class A misdemeanor.

(c) It shall be a defense to the prosecution of this charge that the person had a lawful prescription for the controlled substance found.

(d) Nothing in this Act shall criminalize the use of pill boxes or other daily pill containers by a person with a lawful prescription for the controlled substance contained in said container.”.

Approved July 19, 2004