(a) This section does not apply to the delivery of methamphetamine or cocaine, which is governed by ยง 5-64-422.
(b) Except as provided in this chapter, it is unlawful for a person to deliver a Schedule I or Schedule II controlled substance.
(c) A person who violates this section upon conviction is guilty of a:
(1) Class C felony if the person delivered by aggregate weight, including an adulterant or diluent, less than two grams (2g) of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine;
(2) Class B felony if the person delivered by aggregate weight, including an adulterant or diluent:
(A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, cocaine, or a controlled substance listed in this subdivision (c)(2);
(B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride;
(C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD);
(D) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or
(E) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug; or
(3) Class A felony if the person delivered by aggregate weight, including an adulterant or diluent:
(A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, cocaine, or a controlled substance listed in this subdivision (c)(3);
(B) One hundred sixty (160) dosage units or more but less than two hundred grams (200g) of hydromorphone hydrochloride;
(C) One hundred sixty (160) dosage units or more but less than two hundred grams (200g) of lysergic acid diethylamide (LSD);
(D) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or
(E) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug.
Section: Previous 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 5-64-434 5-64-435 NextLast modified: November 15, 2016