Although tianeptine is added to Schedule I by House Bill No.

Plain English Breakdown

The bill does not specify what constitutes a 'small quantity' of tianeptine, leaving this detail undefined.

Amendment to Protect Tianeptine Possession

This amendment ensures that individuals possessing small amounts of tianeptine will not face criminal or civil penalties, even though the drug is listed as Schedule I.

What This Bill Does

• Adds a new section to Delaware law stating that no civil or criminal penalty may be imposed for possession of tianeptine by an individual.
• Prevents asset forfeiture from individuals who possess tianeptine.
• Doesn't change the rules about selling or making tianeptine, which remain illegal.

Who It Names or Affects

• People who have small amounts of tianeptine.
• Law enforcement agencies that enforce drug laws.

Terms To Know

Schedule I

A category for drugs with a high risk of abuse and no accepted medical use, like heroin or LSD.

Civil penalty

A fine or other punishment given by the government for breaking a law.

Limits and Unknowns

• Does not specify what counts as a 'small quantity' of tianeptine.
• The bill does not define when it will start to be the law.

Official Summary Text

Although tianeptine is added to Schedule I by House Bill No. 21, this amendment is meant to ensure that no civil or criminal penalties are imposed on an individual for possession of a small quantity of tianeptine. The purpose of House Bill No. 21 is to take tianeptine off the shelves, but not to punish an individual who buys a bottle of tianeptine from a gas station or convenience store.

Current Bill Text

Legislation Document

SPONSOR:

Sen. Hansen

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

TO

HOUSE BILL NO. 21

AMEND House Bill No. 21 after line 6 by inserting the following:

“Section 2. Amend Subchapter IV, Chapter 47, Title 16 of the Delaware Code by (making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4761A.

Purchase of drugs from minors; penalties [Repealed].

Tianeptine; possession.

(a) Notwithstanding any other provision of this chapter, no civil or criminal penalty may be imposed, nor may criminal or civil asset forfeiture be pursued, for the possession of tianeptine by an individual.

(b) The manufacturing, selling, or delivery of tianeptine remains unlawful and is subject to penalties imposed by this chapter.

”.

SYNOPSIS

Although tianeptine is added to Schedule I by House Bill No. 21, this amendment is meant to ensure that no civil or criminal penalties are imposed on an individual for possession of a small quantity of tianeptine. The purpose of House Bill No. 21 is to take tianeptine off the shelves, but not to punish an individual who buys a bottle of tianeptine from a gas station or convenience store.

Author: Senator Hansen