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§63-2-401v2.
§63-2-401v2.
A. Except as authorized by the Uniform Controlled Dangerous Substances
Act, Section 2-101 et seq. of this title, it shall be unlawful for any
person:
1. To distribute, dispense, transport with intent to distribute or
dispense, or solicit the use of or use the services of a person less
than eighteen (18) years of age to cultivate, distribute or dispense a
controlled dangerous substance or possess with intent to manufacture,
distribute, or dispense, a controlled dangerous substance;
2. To create, distribute, transport with intent to distribute or
dispense, or possess with intent to distribute, a counterfeit
controlled dangerous substance; or
3. To distribute any imitation controlled substance as defined by
Section 2-101 of this title, except when authorized by the Food and
Drug Administration of the United States Department of Health and
Human Services.
B. Any person who violates the provisions of this section with respect
to:
1. A substance classified in Schedule I or II which is a narcotic drug
or lysergic acid diethylamide (LSD), upon conviction, shall be guilty
of a felony. The fine for a violation of this paragraph shall be not
more than One Hundred Thousand Dollars ($100,000.00), which shall be
in addition to other punishment provided by law and shall not be
imposed in lieu of other punishment. Any sentence to the custody of
the Department of Corrections, with or without postimprisonment
supervision, shall not be subject to statutory provisions for
suspended sentences, deferred sentences, or probation except when the
conviction is for a first offense;
2. Any other controlled dangerous substance classified in Schedule I,
II, III, or IV, upon conviction, shall be guilty of a felony. The fine
for a violation of this paragraph shall be not more than Twenty
Thousand Dollars ($20,000.00), which shall be in addition to other
punishment provided by law and shall not be imposed in lieu of other
punishment. Any sentence to the custody of the Department of
Corrections, with or without postimprisonment supervision, shall not
be subject to statutory provisions for suspended sentences, deferred
sentences, or probation except when the conviction is for a first
offense;
3. A substance classified in Schedule V, upon conviction, shall be
guilty of a felony. The fine for a violation of this paragraph shall
be not more than One Thousand Dollars ($1,000.00), which shall be in
addition to other punishment provided by law and shall not be imposed
in lieu of other punishment;
4. An imitation controlled substance as defined by Section 2-101 of
this title, upon conviction, shall be guilty of a misdemeanor and
shall be sentenced to a term of imprisonment in the county jail for a
period of not more than one (1) year and a fine of not more than One
Thousand Dollars ($1,000.00). A person convicted of a second violation
of the provisions of this paragraph shall be guilty of a felony. The
fine for a second violation of this paragraph shall be not more than
Five Thousand Dollars ($5,000.00), which shall be in addition to other
punishment provided by law and shall not be imposed in lieu of other
punishment; or
5. Except when authorized by the Food and Drug Administration of the
United States Department of Health and Human Services, it shall be
unlawful for any person to manufacture, distribute, or possess with
intent to distribute a synthetic controlled substance. Any person
convicted of violating the provisions of this paragraph is guilty of a
felony. The fine shall not be more than Twenty-five Thousand Dollars
($25,000.00), which shall be in addition to other punishment provided
by law and shall not be imposed in lieu of other punishment. A second
or subsequent conviction for the violation of the provisions of this
paragraph is a felony. The fine for a second or subsequent violation
of this paragraph shall be not more than One Hundred Thousand Dollars
($100,000.00), which shall be in addition to other punishment provided
by law and shall not be imposed in lieu of other punishment.
C. Any person convicted of a second or subsequent felony violation of
the provisions of this section, except for paragraphs 4 and 5 of
subsection B of this section, shall be subject to twice the fine
otherwise authorized, which shall be in addition to other punishment
provided by law and shall not be imposed in lieu of other punishment.
Convictions for second or subsequent violations of the provisions of
this section shall not be subject to statutory provisions for
suspended sentences, deferred sentences, or probation.
D. Except as authorized by the Uniform Controlled Dangerous Substances
Act, it shall be unlawful for any person to manufacture or attempt to
manufacture any controlled dangerous substance. Any person violating
the provisions of this section with respect to the unlawful
manufacturing or attempting to unlawfully manufacture any controlled
dangerous substance, upon conviction, is guilty of a felony. The fine
for a violation of this paragraph shall be not less than Fifty
Thousand Dollars ($50,000.00), which shall be in addition to other
punishment provided by law and shall not be imposed in lieu of other
punishment.
Any sentence to the custody of the Department of Corrections, with or
without postimprisonment supervision, shall not be subject to
statutory provisions for suspended sentences, deferred sentences, or
probation.
Any person convicted of any offense described in this section may, in
addition to the fine imposed, be assessed an amount not to exceed ten
percent (10%) of the fine imposed. Such assessment shall be paid into
a revolving fund for enforcement of controlled dangerous substances
created pursuant to Section 2-506 of this title.
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