Section 1. Amend §4701, Title 16 of the Delaware Code by
making insertions as shown by underlining and deletions as shown by strike
through as follows:
(46)
"Synthetic cannabinoid" means a substance containing 1 or more of the
following chemical compounds:
a.
JWH-015;
b.
JWH-018;
c.
JWH-019;
d. JWH-073;
e.
JWH-081;
f.
JWH-122;
g.
JWH-200;
h.
JWH-250;
i.
JWH-251;
j.
JWH-398;
k. HU-210;
l. HU-211;
m. HU-308;
n. HU-331;
o. CP
55,940;
p. CP
47,497 and its homologues; and
q. WIN
55212-2.
(47) (46) "Ultimate user" means
a person who lawfully possesses a controlled substance for the person's own use
or for the use of a member of the person's household or for administering to an
animal owned by the person or by a member of the person's household.
(48)
(47) "Vehicle" shall have the same definition as that set
forth in § 101(80) of Title 21.
Section 2. Amend §4701(9), Title 16 of the Delaware Code
by making insertions as shown by underlining and deletions as shown by strike
through as follows:
(9) "Designer
drug" means a substance that has a chemical structure substantially
similar to that of a controlled substance or that was specifically designed to or
may produce an effect substantially similar to that of a controlled
substance. Examples of chemical classes
in which "designer drugs" are found include, but are not limited to,
the following: Phenethylamines, N-substituted piperidines, morphinans,
ecgonines, quinazolinones, substituted indoles, and arylcycloalkylamines,
cannabinoids, cathinones, and any synthetic analogue of a controlled substance.
"Designer drug" does not include any substance that was manufactured,
delivered or dispensed 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 that was manufactured,
delivered or dispensed 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
2. Amend §4714(d)(26), Title 16 of the
Delaware Code by making insertions as shown by underlining and deletions as
shown by strike through as follows:
(26)
Synthetic cannabanoid., which means a substance containing 1 or more
of the following chemical compounds:
(a)
JWH-015;
(b)
JWH-018;
(c)
JWH-019;
(d)
JWH-073;
(e)
JWH-081;
(f)
JWH-122;
(g)
JWH-200;
(h)
JWH-250;
(i)
JWH-251;
(j)
JWH-398;
(k)
HU-210;
(l)
HU-211;
(m)
HU-308;
(n)
HU-331;
(o)
CP 55,940;
(p)
CP 47,497 and its homologues;
(q)
WIN 55212-2;
(r)
AM-2201;
(s)
AM-694;
(t)
JWH-203;
(u)
RCS-4; and
(v)
RCS-8.
Section 3. Amend §4714(f), Title 16 of the Delaware Code
by making insertions as shown by underlining and deletions as shown by strike
through as follows:
(1) Fenethylline;
(2)
N-Ethylamphetamine;
(3) Cathinone;
(4) Methcathinone;
(5) Aminorex; and
(6) Any
substance which contains any quantity of the following synthetic cathinones:
a. Mephedrone;
b. Methylone; and
c. Methylenedioxypyrovalerone (MDPV).
(6) Synthetic
cathinone, which means a substance containing 1 or more of the following
chemical compounds:
a. Mephedrone (also known as 4-MMC;
4-Methylephedrone; and 2-(methylamino)-1-(4-methylphenyl)-1-propanone);
b. MDPV (also known as Methylenedioxy Pyrovalerone;
3,4-methylenedioxypyrovalerone; and
1-(1,3-benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone);
c. Methylone (also known as M1; bk-MDMA;
3,4-Methylenedioxy-N-methylcathinone; and
1-(1,3-benzodioxol-5-yl)-2-(methylamino)-1-propanone);
d. Naphyrone (also known as O-2482; NRG-1;
Naphpyrovalerone; β-Naphyrone; and
1-(2-naphthalenyl)-2-(1-pyrrolidinyl)-1-pentanone);
e. Flephedrone (also
known as 4-FMC; and 1-(4-fluorophenyl)-2-(methylamino)propan-1-one);
f. Methedrone (also known as 4-Methedrone;
Methoxyphedrine; PMMC; para-Methoxymethcathinone;
4-methoxymethcathinone; and 1-(4-methoxyphenyl)-2-(methylamino)-1-propanone;
4-methoxymethcathinone);
g. Ethcathinone (also known as Ethylpropion,
N-ethylcathinone and 2-ethylaminopropiophenone;
βk-Ethylamphetamine; 2-ethylaminopropiophenone; and
2-ethylamino-1-phenyl-propan-1-one, N-ethylcathinone);
h. Ethylone (also known as 3,4-methylenedioxy-N-ethylcathinone;
MDEC; bk-MDEA; and (RS)-1-(1,3-benzodioxol-5-yl)-2-(ethylamino)propan-1-one);
i. Butylone (also known as
β-keto MBDB; and 1-(1,3-benzodioxol-5-yl)-2-(methylamino)-1-butanone);
j. Metamfepramone (also known as N,N-Dimethylcathinone; and 2-(dimethylamino)-1-phenyl-1-propanone);
k. Alpha-PPP (also known as α-Pyrrolidinopropiophenone; and 1-phenyl-2-(1-pyrrolidinyl)-1-propanone);
l. MOPPP (also known as 4'-Methoxy-α-pyrrolidinopropiophenone; and 1-(4-methoxyphenyl)-2-(pyrrolidin-1-yl)propan-1-one);
m. MDPPP (also known as 3',4'-Methylenedioxy-α-pyrrolidinopropiophenone;
and 1-(1,3-benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-propanone);
n. Alpha-PVP (also known as α-Pyrrolidinopentiophenone; α-PVP;
O-2387; alpha-PVP; and 1-phenyl-2-(1-pyrrolidinyl)-1-pentanone);
o. 3-FMC (also known as 3-Fluoromethcathinone; and 1-(3-fluorophenyl)-2-(methylamino)propan-1-one);
p. MPBP (also known as
4'-Methyl-α-pyrrolidinobutiophenone; and (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-butanone);
and
q. Methcathinone (also known as α-methylamino-propiophenone; Ephedrone
(Europe); and (RS)-2-(methylamino)-1-phenyl-propan-1-one).
Section 4. Amend §4751C(1)h., Title 16 of the Delaware
Code by making insertions as shown by underlining and deletions as shown by
strike through as follows:
h. 62.5 or more
doses or 12.5 or more grams or 12.5 milliliters or more of any substance as
described in § 4714 of this title that is not otherwise set forth in this
section, a designer drug or any mixture containing any such substance,
as described in § 4701(9) of this title, or of any mixture containing any
such substance; or
Section 5. Amend §4751C(2)h., Title 16 of the Delaware
Code by making insertions as shown by underlining and deletions as shown by
strike through as follows:
h. 50 or more doses or 10 or more grams or 10 milliliters
or more of any substance as described in § 4714 of this title that is not
otherwise set forth in this section, a designer drug or any mixture
containing any such substance, as described in § 4701(9) of this title,
or of any mixture containing any such substance;
Section 6. Amend §4751C(3)h., Title 16 of the Delaware
Code by making insertions as shown by underlining and deletions as shown by
strike through as follows:
h. 37.5 or more
doses or 7.5 or more grams or 7.5 milliliters or more of any substance as
described in § 4714 of this title that is not otherwise set forth in this
section, a designer drug or any mixture containing any such substance, as
described in § 4701(9) of this title, or of any mixture containing any such
substance; or
Section 7. Amend §4751C(4)h., Title 16 of the Delaware
Code by making insertions as shown by underlining and deletions as shown by
strike through as follows:
h. 25 or more doses or 5 or more grams or 5 milliliters or
more of any substance as described in § 4714 of this title that is not
otherwise set forth in this section, a designer drug or any mixture
containing any such substance, as described in § 4701(9) of this title,
or of any mixture containing any such substance;
Section 8. Amend
§4751C(5)h., Title 16 of the Delaware Code by making insertions as shown by
underlining and deletions as shown by strike through as follows:
h. 12.5 or more doses or 2.5 or more grams or 2.5
milliliters or more of any substance as described in § 4714 of this title
that is not otherwise set forth in this section, a designer drug or any
mixture containing any such substance, as described in § 4701(9) of this
title, or of any mixture containing any such substance; or
