(a) (1) Except as provided by this chapter, it is unlawful for a person to manufacture methamphetamine.
(2) (A) A person who manufactures methamphetamine in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony.
(B) (i) A person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony.
(ii) (a) However, a person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluents, upon conviction is guilty of a Class A felony if the person shows by a preponderance of the evidence that he or she manufactured the methamphetamine for personal use only.
(b) Factors indicative of personal use may include without limitation the:
(1) Person did not make a delivery of methamphetamine;
(2) Quantity of methamphetamine manufactured by the person; or
(3) Method of manufacturing methamphetamine used by the person.
(3) A person who has one (1) or more prior convictions of manufacturing methamphetamine in any amount under this section or the former ยง 5-64-401 upon conviction is guilty of a Class Y felony.
(b) (1) Except as provided by this chapter, it is unlawful for a person to manufacture cocaine.
(2) (A) A person who manufactures cocaine in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony.
(B) A person who manufactures cocaine in an amount of two grams (2g) or more but less than ten grams (10g), by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class B felony.
(C) A person who manufactures cocaine in an amount of ten grams (10g) or more but less than two hundred grams (200g), by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony.
Section: Previous 5-64-414 5-64-415 5-64-417 5-64-418 5-64-419 5-64-420 5-64-422 5-64-423 5-64-424 5-64-426 5-64-427 5-64-428 5-64-430 5-64-431 5-64-432 NextLast modified: November 15, 2016