Delaware General Assembly


CHAPTER 469

AN ACT TO AMEND CHAPTER 47, TITLE 16, DELAWARE CODE, PERTAINING TO THE MANUFACTURE, CULTIVATION, AND GROWTH OF NARCOTIC DRUGS AND DANGEROUS DRUGS AND PRESCRIBING PENALTIES FOR VIOLATIONS; LESSER INCLUDED OFFENSES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 47, Title 16, Delaware Code, is amended by adding thereto a new Section 4722A, to read as follows:

§ 4722A. Unlawful manufacture, production, cultivation or growth of dangerous drugs; penalty

Whoever knowingly and unlawfully manufactures, compounds, mixes, grows or by any other process produces or prepares a dangerous drug without complying with the licensing provisions of Section 4702 of this Chapter, is guilty of a misdemeanor and shall be fined not more than $3,000 and imprisoned not more than five (5) years.

Section 2. Chapter 47, Title 16, Delaware Code, is amended by adding thereto a new Section 4723A, to read as follows:

§ 4723A. Unlawful manufacture, production, cultivation or growth of narcotic drugs; penalty

Whoever knowingly and unlawfully manufactures, compounds, mixes, cultivates, grows or by any other process produces or prepares a narcotic drug or mixture of dangerous drug and narcotic drug without complying with the licensing provisions of Section 4702 of this Chapter, is guilty of a felony and shall be fined not more than $5,000 and imprisoned not more than ten (10) years.

Section 3. Section 4728, Chapter 47, Title 16, Delaware Code, is amended by adding thereto the following new subsections:

(1) The lesser included offense under Section 4723A are Section 4723, Section 4722A, and Section 4722.

(g) The lesser included offense under Section 4722A is Section 4722.

Approved May 28, 1970.