FORMERLY
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
