58-37-18 - Prior prosecutions and proceedings continued -- Uniform construction.
58-37-18. Prior prosecutions and proceedings continued -- Uniform construction.
(1) (a) Prosecution for violation of any law or offense occurring prior to the effective dateof this act shall not be affected by this act; provided, that sentences imposed after the effectivedate of this act may not exceed the maximum terms specified and the judge has discretion toimpose any minimum sentence.
(b) Civil seizures, forfeitures, and injunctive proceedings commenced prior to theeffective date of this act shall not be affected by this act.
(c) All administrative proceedings pending before any agency or court on the effectivedate of this act shall be continued and brought to final determination in accordance with laws andregulations in effect prior to the effective date of this act. Drugs placed under control prior toenactment of this act which are not listed within schedules I through V shall be automaticallycontrolled and listed in the appropriate schedule without further proceedings.
(2) This act does not affect rights and duties that mature, penalties that are incurred, andproceedings that are begun before its effective date.
(3) This act shall be construed to effectuate its general purpose to make uniform the lawof those states which enact it where laws are similar to this act.
Enacted by Chapter 145, 1971 General Session