[Previous] [Next]

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.
   

[Previous] [Next]