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 schedule 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 that 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 kilograms (5 kgs.) of a mixture containing a detectable amount of marijuana;

(6) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a detectable amount of synthetic drugs; or

(7) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a detectable amount of fentanyl.

(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; P.L. 2017, ch. 103, § 1; P.L. 2017, ch. 114, § 1.)