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CJR – SB47 – Simplifying the Drug Code

Senator Elizabeth Lockman and Representative Sean Lynn have introduced a bill that is part of the Criminal Justice Reform package that is being championed by several organizations and elected officials to alleviate the consequences of the draconian measures passed 30 years ago in the War on Crime and the War on Drugs.

Senate Bill 47 would eliminate most aggravating factors, some of which may cause Delaware’s controlled substance laws to be applied unfairly, while maintaining an aggravating factor for those who violate Delaware’s drug dealing laws within 300 feet of and on school property.

The bill removes a pretty blatant racist drug sentencing law by eliminating geographic-based sentencing enhancements that disproportionately impact those living in urban areas as opposed to suburban and rural areas.

The bill reduces the number of weight tiers (i.e. the weight of the drugs) from five to three with adjustments to accompanying sentences while retaining higher felony levels for weights that indicate drug dealing.

The bill will also eliminate enhancements based on the commission of prior drug offenses, and provide statutory guidance for the weighing and sampling procedures used at criminal trials for controlled substances.

WHERE IS THE BILL? Senate judicial Committee as of 5/7/19.

DEMOCRATIC SPONSORS – Lockman, Lynn, McBride, Longhurst, Dorsey Walker, Sturgeon, Heffernan, Kowalko




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