Section 1. Amend § 4751, Title 16
of the Delaware Code by deleting subsection (d) in its entirety.
Section 2. Amend § 4753A, Title 16
of the Delaware Code by deleting subsections (a), (b), (c), and (d) in their
entirety, by redesignating subsection (e) thereof as subsection (c), and by
inserting therein as new subsections (a) and (b) the following:
“(a) Except as authorized in this
Chapter, 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 illegal drugs, in the prescribed amounts outlined in
subsection (b), is guilty of a Class C felony, known as Trafficking in Illegal
Drugs, and shall be imprisoned for a term not more
than 25 years and fined not less then $5,000 nor more than $100,000.
(b) This law
applies if the quantity involved is:
(1) 5 pounds or more
of marijuana;
(2) 10 grams or more of cocaine or of any mixture
containing cocaine, as described in § 4716(b)(4) of this Title;
(3) 2.5 grams or more of any
morphine, opium, or any salt, isomer or salt of an isomer thereof, including
heroin or any mixture containing any such substance as described in § 4714 of
this Title, or 2.5 grams or more of any mixture containing any such substance;
(4) 5 grams or more of
methamphetamine, including its salt, isomer or salt of an isomer thereof, or
any mixture containing any such substance as described in § 4716(d)(3) of this
Title;
(5) 5 grams or more of
amphetamine, including its salts, optical isomers and salt of its optical
isomers, or of any mixture containing any such substance, as described in §
4716(d)(1) of this Title;
(6) 5 grams or more of
phencyclidine, or of any mixture containing any such substance, as described in
§ 4716(e)(5) of this Title;
(7) 50 doses or more (each dose
constitutes up to 100 micrograms) or in a liquid form 5 milligrams or more of
lysergic acid diethylamide (L.S.D.), or of any mixture containing such
substance, as described in § 4714(d)(9) of this Title;
(8) 25 or more doses or tablets,
or 5 or more grams, or 5 milliliters or more of a designer drug or any mixture
containing any such substance, as described in § 4701(9) of this Title; or
(9) 25 or more doses or tablets,
or 5 or more grams, or 5 milliliters or more of
3,4-methylenedioxy-methamphetamine (MDMA), its optical, positional and
geometric isomers, salts and salts of isomers; or any mixture containing
such substance, as described in §
4714(d)(21) of this Title.”.
Section 3. Amend § 4761(a), Title
16 of the Delaware Code by deleting paragraphs (3) and (4) in their entirety.
Section 4. Amend § 4761A(a), Title
16 of the Delaware Code by deleting paragraphs (3) and (4) in their entirety.
Section 5. Amend § 4763(a), Title
16 of the Delaware Code by deleting paragraph (2) in its entirety.
Section 6. The provisions of this
Act will take effect with respect to all crimes that are committed as of 12:01 a.m., August 1, 2009, or
thereafter. Notwithstanding the
provisions of § 4217 of Title 11 or
any other statute, rule or regulation, any person sentenced for violation of
any provision of Chapter 47 of Title 16 prior to the enactment of this Act may
apply to the Court in which the conviction occurred for re-sentencing pursuant
to the provisions of this Act. In any
such re-sentencing, the Court may take into consideration the conduct of the
person since the time of incarceration.
Section 7. This Act shall be known
as “Ned’s Law” in memory of Edmund N. “Ned” Carpenter, II, Esq. (1921-2008).
