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.)
