TITLE 21

Food And Drugs

CHAPTER 21-28

Uniform Controlled Substances Act

ARTICLE 21-28-4.01

Offenses and Penalties

SECTION 21-28-4.01.1



   § 21-28-4.01.1  Minimum sentence –

Certain quantities of controlled substances. –

(a) Except as authorized by this chapter, it shall be unlawful for any person

to manufacture, sell, or possess with intent to manufacture, or sell, a

controlled substance classified in schedules I or II (excluding marijuana) or

to possess or deliver the following enumerated quantities of certain controlled

substances:



   (1) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or

substance containing a detectable amount of heroin;



   (2) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or

substance containing a detectable amount of:



   (i) Coca leaves, except coca leaves and extracts of coca

leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts

have been removed;



   (ii) Cocaine, its salts, optical and geometric isomers, and

salts of isomers;



   (iii) Ecgonine, its derivatives, their salts, isomers, and

salts of isomers; or



   (iv) Any compound, mixture, or preparation which contains any

quantity of any of the substances referred to in paragraphs (i) – (iii) of

this subdivision;



   (3) One gram (1 g.) to ten grams (10 gs.) of phencyclidine

(PCP) or one hundred (100) to one thousand (1,000) tablets of a mixture or

substance containing a detectable amount of phencyclidine (PCP);



   (4) One-tenth of a gram (0.1 g.) to one gram (1 g.) of

lysergic acid diethylamide (LSD) or one hundred (100) to one thousand (1,000)

tablets of a mixture or substance containing a detectable amount of lysergic

acid diethylamide (LSD);



   (5) One kilogram (1 kg.) to five (5 kgs.) kilograms of a

mixture containing a detectable amount of marijuana; or



   (6) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or

substance containing a detectable amount of synthetic drugs.



   (b) Any person who violates this section shall be guilty of a

crime, and upon conviction, may be imprisoned for a term up to fifty (50) years

and fined not more than five hundred thousand dollars ($500,000).



History of Section.

(P.L. 1988, ch. 651, § 1; P.L. 1991, ch. 256, § 1; P.L. 2009, ch.

345, § 1; P.L. 2009, ch. 346, § 1; P.L. 2014, ch. 81, § 1; P.L.

2014, ch. 90, § 1.)