The effort to improve Delaware’s overly harsh drug laws has culminated in a comprehensive revision of Title 16, which contains the drug code.  HB 443 is a collaborative effort toward drug law reform which began in April 2009 and involved the Attorney General’s Office, Public Defender, Law Enforcement, Department of Correction, and SURJ.  The new proposed drug laws mirror the more sensible sentencing schemes used in other states and bring the drug laws into line with the rest of the Delaware code.  The new scheme is smarter, simpler, and allows for better consideration of the unique circumstances of each drug offense. 

Consistent with the rest of the Delaware code, only drug offenses which are Class B Felonies will carry a mandatory minimum sentence.  Some drug crimes which are currently felonies will be reduced to misdemeanors.  The new sentencing structure will simplify and reduce the number of charges in a single drug case.  Prosecutors will no longer be able to heap on multiple charges that carry separate mandatory minimum sentences.  Rather, the new structure includes a base charge according to a “Tier” system, and aggravating factors such as dealing drugs in a school zone or resisting arrest could increase the offense level.

The amounts of drugs that trigger mandatory minimum sentences would also be significantly increased.  For example, 10 grams of cocaine previously triggered a 2 year mandatory minimum sentence; however, the new scheme would require 25 grams of cocaine to trigger the same sentence.  Cases involving lower quantities would trigger the mandatory minimum only if certain aggravating circumstances exist.

Important changes to school zone protections and driver’s license suspensions for drug offenders would also be made.  Currently, drug offenders can rack up penalties if the crime occurred within 1,000 feet of a school.  This is problematic in urban areas such as the city of Wilmington, where the number of schools is more highly concentrated than in rural or suburban areas.  The new law redefines protected school zones to an area within 300 feet of a school.  Currently, those who commit drug offenses face a driver’s license suspension of 1 year.  Drug felons lose their license for 3 years.  This exceeds the length of the federally mandated revocation period.  The new proposed law reduces driver’s license revocations to 6 months for drug misdemeanors and 1 year for drug felonies.