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DE HB362
Bill
Status
5/29/2014
Primary Sponsor
Stephen Smyk
Click for details
AI Summary
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Adds definitions for "scientifically acceptable number of doses or units" based on hypergeometric sampling or other scientific standards adopted by the Office of the Chief Medical Examiner to test controlled substances.
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Adds definition for "substantially identical doses or units" as homogenous populations sharing qualities including size, weight, appearance, packaging, markings, and being found bundled together.
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Allows prosecutors to use evidence from testing a scientifically acceptable number of doses or units of non-prescription controlled substances to establish prima facie evidence that all substantially identical doses contained the controlled substance for purposes of proving Tier quantity thresholds under § 4751C.
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Permits defendants to introduce evidence supporting or contradicting evidence offered under the new sampling procedures.
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Updates internal statutory references in § 4751D(b) to cite to section level rather than specific paragraph designations for consistency with Delaware Code drafting conventions.
Legislative Description
An Act To Amend Title 16 Of The Delaware Code Relating To The Uniform Controlled Substances Act.
Last Action
Introduced and Assigned to Health & Human Development Committee in House
5/29/2014