§ 21-28-4.01 - Prohibited acts A – Penalties.
SECTION 21-28-4.01
§ 21-28-4.01 Prohibited acts A –Penalties. – (a) Except as authorized by this chapter, it shall be unlawful for any personto manufacture, deliver, or possess with intent to manufacture or deliver acontrolled substance.
(2) Any person who is not a drug addicted person, as definedin § 21-28-1.02(18), who violates this subsection with respect to acontrolled substance classified in schedule I or II, except the substanceclassified as marijuana, is guilty of a crime and upon conviction may beimprisoned to a term up to life, or fined not more than five hundred thousanddollars ($500,000) nor less than ten thousand dollars ($10,000), or both.
(3) Where the deliverance as prohibited in this subsectionshall be the proximate cause of death to the person to whom the controlledsubstance is delivered, it shall not be a defense that the person deliveringthe substance was at the time of delivery, a drug addicted person as defined in§ 21-28-1.02(18).
(4) Any person, except as provided for in subdivision (2) ofthis subsection, who violates this subsection with respect to:
(i) A controlled substance classified in schedule I or II, isguilty of a crime and upon conviction may be imprisoned for not more thanthirty (30) years, or fined not more than one hundred thousand dollars($100,000) nor less than three thousand dollars ($3,000), or both;
(ii) A controlled substance classified in schedule III or IV,is guilty of a crime and upon conviction may be imprisoned for not more thantwenty (20) years, or fined not more than forty thousand dollars ($40,000), orboth; provided, with respect to a controlled substance classified in scheduleIII(d), upon conviction may be imprisoned for not more than five (5) years, orfined not more than twenty thousand dollars ($20,000), or both.
(iii) A controlled substance classified in schedule V, isguilty of a crime and upon conviction may be imprisoned for not more than oneyear, or fined not more than ten thousand dollars ($10,000), or both.
(b) Except as authorized by this chapter, it is unlawful forany person to create, deliver, or possess with intent to deliver, a counterfeitsubstance.
(2) Any person who violates this subsection with respect to:
(i) A counterfeit substance classified in schedule I or II,is guilty of a crime and upon conviction may be imprisoned for not more thanthirty (30) years, or fined not more than one hundred thousand dollars($100,000), or both;
(ii) A counterfeit substance classified in schedule III orIV, is guilty of a crime and upon conviction may be imprisoned for not morethan twenty (20) years, or fined not more than forty thousand dollars($40,000), or both; provided, with respect to a controlled substance classifiedin schedule III(d), upon conviction may be imprisoned for not more than five(5) years, or fined not more than twenty thousand dollars ($20,000) or both.
(iii) A counterfeit substance classified in schedule V, isguilty of a crime and upon conviction may be imprisoned for not more than oneyear, or fined not more than ten thousand dollars ($10,000), or both.
(c) It shall be unlawful for any person knowingly orintentionally to possess a controlled substance, unless the substance wasobtained directly from or pursuant to a valid prescription or order of apractitioner while acting in the course of his or her professional practice, orexcept as otherwise authorized by this chapter.
(2) Any person who violates this subsection with respect to:
(i) A controlled substance classified in schedules I, II andIII, IV, and V, except the substance classified as marijuana, is guilty of acrime and upon conviction may be imprisoned for not more than three (3) yearsor fined not less than five hundred dollars ($500) nor more than five thousanddollars ($5,000), or both;
(ii) A controlled substance classified in schedule I asmarijuana is guilty of a misdemeanor and upon conviction may be imprisoned fornot more than one year or fined not less than two hundred dollars ($200) normore than five hundred dollars ($500), or both.
(3) Additionally every person convicted or who pleads nolocontendere under paragraph (2)(i) of this subsection or convicted or who pleadsnolo contendere a second or subsequent time under paragraph (2)(ii) of thissubsection, who is not sentenced to a term of imprisonment to serve for theoffense, shall be required to:
(i) Perform no less than one hundred (100) hours of communityservice;
(ii) Be referred to Treatment Alternatives to Street Crime(TASC) to determine the existence of problems of drug abuse. Should TASCdetermine the person needs treatment, it will arrange for the treatment to beprovided and after completion of the treatment, the person shall perform his orher required community service and attend the drug education program;
(iii) Attend and complete a drug counseling and educationprogram as prescribed by the director of the department of health and pay thesum of four hundred dollars ($400) to help defray the costs of this programwhich shall be deposited as general revenues. Failure to attend may resultafter hearing by the court in jail sentence up to one year;
(iv) The court shall not suspend any part or all of theimposition of the fee required by this subsection, unless the court finds aninability to pay;
(v) If the offense involves the use of any automobile totransport the substance or the substance is found within an automobile, then aperson convicted or who pleads nolo contendere under paragraphs (2)(i) and (ii)of this subsection shall be subject to a loss of license for a period of six(6) months for a first offense and one year for each offense after this.
(4) All fees assessed and collected pursuant to paragraph(3)(iii) of this subsection shall be deposited as general revenues and shall becollected from the person convicted or who pleads nolo contendere before anyother fines authorized by this chapter.
(d) It shall be unlawful for any person to manufacture,distribute, or possess with intent to manufacture or distribute, an imitationcontrolled substance. Any person who violates this subsection is guilty of acrime, and upon conviction shall be subject to the same term of imprisonmentand/or fine as provided by this chapter for the manufacture or distribution ofthe controlled substance which the particular imitation controlled substanceforming the basis of the prosecution was designed to resemble and/orrepresented to be; but in no case shall the imprisonment be for more than five(5) years nor the fine for more than twenty thousand dollars ($20,000).
(e) It shall be unlawful for a practitioner to prescribe,order, distribute, supply, or sell an anabolic steroid or human growth hormonefor: (1) enhancing performance in an exercise, sport, or game, or (2) hormonalmanipulation intended to increase muscle mass, strength, or weight without amedical necessity. Any person who violates this subsection is guilty of amisdemeanor and upon conviction may be imprisoned for not more than six (6)months or a fine of not more than one thousand dollars ($1,000), or both.