AN ACT TO AMEND THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCE OFFENSES.

This Act addresses issues identified following the enactment of the Ned Carpenter Act, 78 Del. Laws, ch. 13, in 2011. Specifically, Sections 1 through 14 of this Act do the following: (1) Simplify Delaware’s controlled substance laws by reducing the number of weight Tiers that are used to categorize the severity of controlled substance offenses. (2) Eliminate aggravating factors, some of which may cause Delaware’s controlled substance laws to be applied unfairly, while maintaining enhanced sentencing for those who violate Delaware’s controlled substance laws within a protected school zone. (3) Provide enhanced minimum mandatory sentences for those who repeatedly commit the highest level drug dealing offenses. (4) Provide statutory guidance for the weighing and sampling procedures used at criminal trials for controlled substances. Sections 15 through 20 of this Act make conforming amendments to the Delaware Code based on changes made by Sections 1 through 14 of this Act. This Act takes effect 90 days after its enactment into law. This Act also makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual. A companion Act, Senate Bill No. 33, codifies one of the aggravating factors eliminated by this Act, § 4751A(1)e.2. of Title 16, as a separate crime.