(a) Except as provided by this chapter, it is unlawful if a person possesses a Schedule IV or Schedule V controlled substance with the purpose to deliver the Schedule IV or Schedule V controlled substance. Purpose to deliver may be shown by any of the following factors:
(1) The person possesses the means to weigh and separate a Schedule IV or Schedule V controlled substance;
(2) The person possesses a record indicating a drug-related transaction;
(3) The Schedule IV or Schedule V controlled substance is separated and packaged in a manner to facilitate delivery;
(4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule IV or Schedule V controlled substance;
(5) The person possesses at least two (2) other controlled substances in any amount; or
(6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule IV or Schedule V controlled substance.
(b) A person who violates this section upon conviction is guilty of a:
(1) Class D felony if the person possessed by aggregate weight, including an adulterant or diluent:
(A) Less than two hundred grams (200g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(1);
(B) Less than eighty (80) dosage units for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or
(C) Less than eighty (80) dosage units for any other Schedule IV or Schedule V stimulant drug;
(2) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent:
(A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(2);
(B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or
(C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V stimulant drug; or
(3) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent:
(A) Four hundred grams (400g) or more but less than eight hundred grams (800g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(3);
(B) One hundred sixty (160) dosage units or more but less than eight hundred grams (800g) for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or
(C) One hundred sixty (160) dosage units or more but less than eight hundred grams (800g) for any other Schedule IV or Schedule V stimulant drug.
(c) It is a defense to a prosecution under this section that the person possessed less than the minimum listed amount of a Schedule IV or Schedule V controlled substance that is listed in this section.
Section: Previous 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 5-64-436 5-64-438 5-64-439 5-64-440 5-64-441 NextLast modified: November 15, 2016