2006 Delaware Code - Subchapter VII — Miscellaneous

§ 4791. Pending proceedings.

(a) Prosecution for any violation of law occurring prior to the effective date of this chapter is not affected or abated by this chapter. If the offense being prosecuted is similar to one set out in subchapter IV of this chapter, then the penalties under subchapter IV apply if they are less than those under prior law.

(b) Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of this chapter are not affected by this chapter.

(c) All administrative proceedings pending under prior laws which are superseded by this chapter shall be continued and brought to a final determination in accord with the laws or rules in effect prior to the effective date of the chapter. Any substance controlled under prior law which is not listed within Schedules I through V is automatically controlled without further proceedings and shall be listed in the appropriate schedule.

(d) The Secretary shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution or dispensing of any controlled substance prior to the effective date of this chapter and who are registered or licensed by the State.

(e) This chapter applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following its effective date. (16 Del. C. 1953, § 4773; 58 Del. Laws, c. 424, § 1; 62 Del. Laws, c. 250, § 5.)

§ 4792. Continuation of rules.

Any orders and rules promulgated under any law affected by this chapter and in effect on the effective date of this chapter and not in conflict with it continue in effect until modified, superseded or repealed. (16 Del. C. 1953, § 4774; 58 Del. Laws, c. 424, § 1; 62 Del. Laws, c. 250, § 5.)

§ 4793. Uniformity of interpretation.

This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it. (16 Del. C. 1953, § 4775; 58 Del. Laws, c. 424, § 1; 62 Del. Laws, c. 250, § 5.)

§ 4794. Short title.

This chapter may be cited as the Uniform Controlled Substances Act. (16 Del. C. 1953, § 4776; 58 Del. Laws, c. 424, § 1; 62 Del. Laws, c. 250, § 5.)

§ 4795. Jurisdiction.

(a) The Superior Court shall have original and exclusive jurisdiction over any violation of this chapter by persons 18 years of age or older.

(b) The provisions of subsection (a) of this section or any other law to the contrary notwithstanding, the Court of Common Pleas shall have original jurisdiction over any violation of:

(1) Section 4754(b) of this title;

(2) Section 4757(c) of this title; and

(3) Section 4771 of this title,

by persons 18 years of age or older, except that the Municipal Court of the City of Wilmington shall have original jurisdiction concurrent with the Court of Common Pleas for such violations by persons 18 years of age or older occurring within the City of Wilmington.

(c) The Family Court shall have original and exclusive jurisdiction over violations of this chapter by persons under age 18. (16 Del. C. 1953, § 4777; 58 Del. Laws, c. 424, § 1; 58 Del. Laws, c. 480, § 3; 61 Del. Laws, c. 261, § 4; 62 Del. Laws, c. 250, § 5; 71 Del. Laws, c. 63, §§ 2, 3; 71 Del. Laws, c. 176, § 25.)

§ 4796. Authority of the Attorney General.

Nothing in this chapter shall be interpreted as limiting the authority or responsibility of the Attorney General of this State to enforce the laws of this State. (16 Del. C. 1953, § 4778; 58 Del. Laws, c. 424, § 1; 62 Del. Laws, c. 250, § 5.)