adds 16 Del. C. § 4752(a)(1)
, manufacture, deliver, or possess with intent of a Tier 3 Controlled Substance to the list of "violent felonies" defined in 11 Del. C. § 4201(c)
. I haven't looked into what other effects this has, but at a minimum it triggers provisions in 11 Del. C. § 4214
which allows the State to petition for the Court to classify a convicted offender as a "habitual criminal" subject to a life sentence. While this bill is allegedly targeted at fentanyl (according to Buckson), 16 Del. C. § 4751C(1)(c)
(by reference to 16 Del. C. § 4701(28)
) includes cannabis ("marijuana") in its definition of a "Tier 3 Controlled Substance" (as referenced in 16 Del. C. § 4752(a)(1)
above, the offense being made a "violent felony" under 11 Del. C. § 4201(c)
and 11 Del. C. § 4214, etc.
) at just over 11lbs (5000g). This isn't a small amount of "illegal" cannabis but would be a slow day at a fully operational retail dispensary.
The difference between a habitual "violent" criminal facing a life sentence and a legitimate business cannot be a license.
Frankly, getting much further away from the existing bill, designating the inclusion of fentanyl in 16 Del. C. § 4714(b)
"heroin", or any other controlled substance for that matter, as a "COUNTERFEIT substance" would be a better approach to this all together. People don't typically buy a bunch of fentanyl on purpose. They're trying to buy something else and it's cut with fentanyl since it's cheaper and more potent.