18-18-405. Unlawful distribution, manufacturing, dispensing, or sale.
(1)(a) Except as authorized by part 1 of article 280 of title 12, part 2 of article 80 of title 27, part 2 or 3 of this article 18, or by “the Natural Medicine Health Act of 2022”, article 170 of title 12 it is unlawful for any person knowingly to manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or induce, attempt to induce, or conspire with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or possess one or more chemicals or supplies or equipment with intent to manufacture a controlled substance.
(b) As used in this subsection (1), “dispense” does not include labeling, as defined in section 12-280-103(23).
(2) Except as otherwise provided for an offense concerning marijuana and marijuana concentrate in section 18-18-406 and for special offenders as provided in section 18-18-407, any person who violates any of the provisions of subsection (1) of this section:
(a) Commits a level 1 drug felony and is subject to the mandatory sentencing provisions in section 18-1.3-401.5(7) if:
(I) The violation involves any material, compound, mixture, or preparation that weighs:
(A) More than two hundred twenty-five grams and contains a schedule I or schedule II controlled substance; or
(B) More than one hundred twelve grams and contains methamphetamine, heroin, ketamine, or cathinones; or
(C) More than fifty milligrams and contains flunitrazepam; or
(D) More than fifty grams and contains fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204(2)(g); or
(II) An adult sells, dispenses, distributes, or otherwise transfers any quantity of a schedule I or schedule II controlled substance or any material, compound, mixture, or preparation that contains any amount of a schedule I or schedule II controlled substance, other than marijuana or marijuana concentrate, to a minor and the adult is at least two years older than the minor;
(III)(A) Except as provided in section 18-1-711(3)(i), the defendant committed a violation of subsection (2)(a)(I)(D), (2)(b)(I)(D), or (2)(c)(V) of this section, and the actions in violation of subsection (2)(a)(I)(D), (2)(b)(I)(D), or (2)(c)(V) of this section are the proximate cause of the death of another person who used or consumed the material, compound, mixture, or preparation that contained fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204(2)(g).
(B) Notwithstanding subsection (2)(a)(III)(A) of this section, a defendant who committed a violation of subsection (2)(c)(V) of this section, and the actions in violation of subsection (2)(c)(V) of this section are the proximate cause of the death of another person who used or consumed the material, compound, mixture, or preparation that contained fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204(2)(g), is not subject to the mandatory sentencing requirement as described in section 18-1.3-401.5(7).
(b) Commits a level 2 drug felony if:
(I) The violation involves any material, compound, mixture, or preparation that weighs:
(A) More than fourteen grams, but not more than two hundred twenty-five grams, and contains a schedule I or schedule II controlled substance;
(B) More than seven grams, but not more than one hundred twelve grams, and contains methamphetamine, heroin, ketamine, or cathinones;
(C) More than ten milligrams, but not more than fifty milligrams, and contains flunitrazepam; or
(D) More than four grams, but not more than fifty grams, and contains fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204(2)(g);
(II) An adult sells, dispenses, distributes, or otherwise transfers any quantity of a schedule III or schedule IV controlled substance or any material, compound, mixture, or preparation that contains any quantity of a schedule III or schedule IV controlled substance to a minor and the adult is at least two years older than the minor;
(c) Commits a level 3 drug felony if the violation involves any material, compound, mixture, or preparation that weighs:
(I) Not more than fourteen grams and contains a schedule I or schedule II controlled substance;
(II) Not more than seven grams and contains methamphetamine, heroin, ketamine, or cathinones;
(III) Not more than ten milligrams and contains flunitrazepam;
(IV) More than four grams and contains a schedule III or schedule IV controlled substance; or
(V) Not more than four grams and contains fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204(2)(g).
(d) Commits a level 4 drug felony if:
(I) The violation involves any material, compound, mixture, or preparation that weighs not more than four grams and contains a schedule III or schedule IV controlled substance; or
(II) Notwithstanding the provisions of paragraph (c) of this subsection (2), the violation involves distribution or transfer of the controlled substance for the purpose of consuming all of the controlled substance with another person or persons at a time substantially contemporaneous with the transfer; except that this subparagraph (II) applies only if the distribution or transfer involves not more than four grams of a schedule I or II controlled substance or not more than two grams of methamphetamine, heroin, ketamine, or cathinones;
(e) Commits a level 1 drug misdemeanor if the violation involves:
(I) A schedule V controlled substance; or
(II) A transfer with no remuneration of not more than four grams of a schedule III or schedule IV controlled substance.
(2.1) Repealed by Laws 2007, Ch. 383, § 10, eff. July 1, 2007.
(2.3)(a) Deleted by Laws 2010, Ch. 259, § 3, eff. Aug. 11, 2010.
(b) Repealed by Laws 2007, Ch. 383, § 10, eff. July 1, 2007.
(2.5) Repealed by Laws 2013, Ch. 333, § 10, eff. Oct. 1, 2013.
(2.6) Repealed by Laws 2007, Ch. 383, § 10, eff. July 1, 2007.
(3) Repealed by Laws 2013, Ch. 333, § 10, eff. Oct. 1, 2013.
(3.5) Repealed by Laws 2013, Ch. 333, § 10, eff. Oct. 1, 2013.
(4) Repealed by Laws 1997, H.B.97-1077, § 10, eff. July 1, 1997.
(5) When a person commits unlawful distribution, manufacture, dispensing, sale, or possession with intent to manufacture, dispense, sell, or distribute any schedule I or schedule II controlled substance, as listed in section 18-18-203 or 18-18-204, flunitrazepam, ketamine, or cathinones, or conspires with one or more persons to commit the offense, pursuant to subsection (1) of this section, twice or more within a period of six months, without having been placed in jeopardy for the prior offense or offenses, the aggregate amount of the schedule I or schedule II controlled substance, flunitrazepam, ketamine, or cathinones involved may be used to determine the level of drug offense.
(6) Repealed by Laws 2009, Ch. 347, § 5, eff. Aug. 5, 2009.
(7) Repealed by Laws 2013, Ch. 333, § 10, eff. Oct. 1, 2013.
