AN ACT TO AMEND TITLE 16 AND TITLE 29 OF THE DELAWARE CODE RELATING TO SUBSTANCE USE HARM REDUCTION.
What changed between versions
Creates new Chapter 48 (Substance Use Harm Reduction) with eight sections covering definitions, policy declaration, regulatory authority, required services, confidentiality, sterile supply rules, data collection limits, and provider immunity.
Repeals Sections 7990 through 7996 of Title 29 in their entirety, removing prior harm reduction provisions from that title.
Redefines 'drug paraphernalia' in Section 4701 to exclude objects used for injecting, ingesting, or inhaling substances. Removes hypodermic syringes, needles, pipes, bongs, water pipes, and other smoking devices from the statutory list of paraphernalia.
Section 4773(5) creates a new exemption for objects designed to ingest, inhale, inject, or otherwise introduce substances into the body, including syringes, needles, bongs, pipes, roach clips, and cocaine spoons - making possession of these items no longer a paraphernalia offense.
Section 4771 restructures penalties: simple possession becomes a class B misdemeanor (previously 'use or possess with intent to use'), delivery/sale becomes a class G felony, delivery to a child becomes a class E felony, and advertising becomes an unclassified misdemeanor with up to $1,000 fine.
Section 4808 grants immunity from criminal liability, civil liability, and professional discipline to persons acting under the chapter, unless injury or death results from gross negligence, willful conduct, or wantonness.
Section 4804 requires harm reduction programs to provide sterile supplies, drug-testing strips, opioid antagonists, STD barriers, safe disposal, infectious disease screening, first aid, overdose education, and referrals for health care, transportation, housing, and public benefits.
Section 4805 establishes that participants may engage anonymously, program records are confidential and not public records, and information is not discoverable in legal proceedings.
Section 4806 prohibits one-for-one exchange of sterile supplies and requires programs to actively encourage secondary (peer-to-peer) supply distribution.
Section 4772 (Consideration of Factors) undergoes drafting cleanup to conform to the Delaware Legislative Drafting Manual, with no substantive policy change to the factors courts must consider.
