North Carolina Drug Crimes
To Manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance in North Carolina - NCGS 90-95 (a)(1)
Definitions:
"Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance by any means, whether directly or indirectly, artificially or naturally, or by extraction from substances of a natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis; and "manufacture" further includes any packaging or repackaging of the substance or labeling or relabeling of its container except that this term does not include the preparation or compounding of a controlled substance by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled substance:
a. By a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice, or
b. By a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to research, teaching, or chemical analysis and not for sale.
"Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.
"Deliver" or "delivery" means the actual constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.
Punishment:
any person who violates G.S. 90-95(a)(1) with respect to:
(1) A controlled substance classified in Schedule I or II shall be punished as a Class H felon, except as follows: (i) the sale of a controlled substance classified in Schedule I or II shall be punished as a Class G felony, and (ii) the manufacture of methamphetamine shall be punished as provided by subdivision (1a) of this subsection.
(1a) The manufacture of methamphetamine shall be punished as a Class C felony unless the offense was one of the following: packaging or repackaging methamphetamine, or labeling or relabeling the methamphetamine container. The offense of packaging or repackaging methamphetamine, or labeling or relabeling the methamphetamine container shall be punished as a Class H felony.
(2) A controlled substance classified in Schedule III, IV, V, or VI shall be punished as a Class I felon, except that the sale of a controlled substance classified in Schedule III, IV, V, or VI shall be punished as a Class H felon. The transfer of less than 5 grams of marijuana or less than 2.5 grams of a synthetic cannabinoid or any mixture containing such substance for no remuneration shall not constitute a delivery in violation of G.S. 90-95(a)(1).
To create, sell or deliver, or possess with intent to sell or deliver, a counterfeit controlled substance in North Carolina - NCGS 90-95 (a)(2)
Definitions:
"Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.
"Deliver" or "delivery" means the actual constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.
"Counterfeit controlled substance" means:
a. A controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which thereby falsely purports, or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser; or
b. Any substance which is by any means intentionally represented as a controlled substance. It is evidence that the substance has been intentionally misrepresented as a controlled substance if the following factors are established:
1. The substance was packaged or delivered in a manner normally used for the illegal delivery of controlled substances.
2. Money or other valuable property has been exchanged or requested for the substance, and the amount of that consideration was substantially in excess of the reasonable value of the substance.
3. The physical appearance of the tablets, capsules or other finished product containing the substance is substantially identical to a specified controlled substance.
Punishment:
(c) Any person who violates G.S. 90-95(a)(2) shall be punished as a Class I felon.
(d) Except as provided in subsections (h) and (i) of this section, any person who violates G.S. 90-95(a)(3) with respect to:
(1) A controlled substance classified in Schedule I shall be punished as a Class I felon. However, if the controlled substance is MDPV and the quantity of the MDPV is 1 gram or less, the violation shall be punishable as a Class 1 misdemeanor.
(2) A controlled substance classified in Schedule II, III, or IV shall be guilty of a Class 1 misdemeanor. If the controlled substance exceeds four tablets, capsules, or other dosage units or equivalent quantity of hydromorphone or if the quantity of the controlled substance, or combination of the controlled substances, exceeds one hundred tablets, capsules or other dosage units, or equivalent quantity, the violation shall be punishable as a Class I felony. If the controlled substance is methamphetamine, amphetamine, phencyclidine, or cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or coca leaves and any salt, isomer, salts of isomers, compound, derivative, or preparation of coca leaves, or any salt, isomer, salts of isomers, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances (except decocanized coca leaves or any extraction of coca leaves which does not contain cocaine or ecgonine), the violation shall be punishable as a Class I felony.
(3) A controlled substance classified in Schedule V shall be guilty of a Class 2 misdemeanor;
(4) A controlled substance classified in Schedule VI shall be guilty of a Class 3 misdemeanor, but any sentence of imprisonment imposed must be suspended and the judge may not require at the time of sentencing that the defendant serve a period of imprisonment as a special condition of probation. If the quantity of the controlled substance exceeds one-half of an ounce (avoirdupois) of marijuana, 7 grams of a synthetic cannabinoid or any mixture containing such substance, or one-twentieth of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, the violation shall be punishable as a Class 1 misdemeanor. If the quantity of the controlled substance exceeds one and one-half ounces (avoirdupois) of marijuana, 21 grams of a synthetic cannabinoid or any mixture containing such substance, or three-twentieths of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, or if the controlled substance consists of any quantity of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from the resin of marijuana, the violation shall be punishable as a Class I felony.
To possess a controlled substance in North Carolina - NCGS 90-95 (a)(3)
Elements: A person guilty of this offense:
(1) knowingly
(2) possesses
3) a controlled substance.
Punishment:
For a Schedule I substance, the crime is a Class I felony [G.S. 90-95(d)(1)]. For a Schedule II, III, or IV substance, if the amount possessed is (1) more than 100 tablets, capsules, or dosage units; (2) more than four tablets, capsules, or dosage units of dilaudid (chemically known as “hydromorphone”); or (3) any amount of cocaine or phencyclidine, amphetamine, or methamphetamine, the crime is a Class I felony [G.S. 90-95(d)(2); see 358 N.C. 473 (possession of cocaine is a felony)].
Otherwise, possession of a Schedule II, III, or IV substance is a Class 1 misdemeanor [G.S. 90-95(d)(2)]. For a Schedule V substance, the crime is a Class 2 misdemeanor [G.S. 90-95(d) (3)]. For a Schedule VI substance, (1) a defendant’s first conviction for possession of up to a half-ounce of marijuana or up to one-twentieth of an ounce of hashish is punishable as a Class 3 misdemeanor, any sentence of imprisonment must be suspended, and the defendant may not be required to serve active time as a special condition of probation; (2) possession of more than a half-ounce of marijuana and up to one and a half ounces of marijuana or more than one twentieth of an ounce and up to three-twentieths of an ounce of hashish is a Class 1 misdemeanor; and (3) possession of more than one and a half ounces of marijuana, more than three-twentieths of an ounce of hashish, or any amount of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from marijuana resin is a Class I felony [G.S. 90-95(d)(4)]. Note that any offense under the North Carolina Controlled Substances Act that is punishable as a Class 1 misdemeanor is elevated to a Class I felony if the defendant has any prior convictions, felony or misdemeanor, under the
(1) knowingly
(2) possesses
3) a controlled substance.
Punishment:
For a Schedule I substance, the crime is a Class I felony [G.S. 90-95(d)(1)]. For a Schedule II, III, or IV substance, if the amount possessed is (1) more than 100 tablets, capsules, or dosage units; (2) more than four tablets, capsules, or dosage units of dilaudid (chemically known as “hydromorphone”); or (3) any amount of cocaine or phencyclidine, amphetamine, or methamphetamine, the crime is a Class I felony [G.S. 90-95(d)(2); see 358 N.C. 473 (possession of cocaine is a felony)].
Otherwise, possession of a Schedule II, III, or IV substance is a Class 1 misdemeanor [G.S. 90-95(d)(2)]. For a Schedule V substance, the crime is a Class 2 misdemeanor [G.S. 90-95(d) (3)]. For a Schedule VI substance, (1) a defendant’s first conviction for possession of up to a half-ounce of marijuana or up to one-twentieth of an ounce of hashish is punishable as a Class 3 misdemeanor, any sentence of imprisonment must be suspended, and the defendant may not be required to serve active time as a special condition of probation; (2) possession of more than a half-ounce of marijuana and up to one and a half ounces of marijuana or more than one twentieth of an ounce and up to three-twentieths of an ounce of hashish is a Class 1 misdemeanor; and (3) possession of more than one and a half ounces of marijuana, more than three-twentieths of an ounce of hashish, or any amount of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from marijuana resin is a Class I felony [G.S. 90-95(d)(4)]. Note that any offense under the North Carolina Controlled Substances Act that is punishable as a Class 1 misdemeanor is elevated to a Class I felony if the defendant has any prior convictions, felony or misdemeanor, under the
TO Know possess
To Keep or Maintain a dwelling or vehicle: NCGS 90-108(a)(7)
Elements:
The crime of maintaining a dwelling has four elements. To be guilty, a person must:
(1) knowingly
(2) keep or maintain
(3) a store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or other place
(4) (a) being resorted to by persons unlawfully using controlled substances or
(b) being used for unlawfully keeping or selling controlled substances.
Defenses:
Element (4)(b). While Element (2) requires that the defendant keep or maintain the property, Element (4)(b) requires that the property be used for unlawfully keeping or selling controlled substances. The statute’s use of the word “keep” in Element (2) and the related term “keeping” in Element (4)(b) has created some confusion, particularly because the terms mean different things in each element. As used in Element (2) the term “keep” refers to the defendant’s control and authority over the premises, vehicle, etc. In Element (4)(b), however, the word “keeping” refers to possession of controlled substances on or in the property.
As used in Element (4)(b), the term “keeping” “denotes not just possession, but possession that occurs over a duration of time.” State v. Dickerson, 152 N.C. App. 714, 716 (2002) (quoting State v. Mitchell, 336 N.C. 22, 32-33 (1994)). Thus, one isolated instance of possession on the property is insufficient evidence that the property is used for keeping controlled substances. Compare State v. Craven, ___ N.C. App. ___, 696 S.E.2d 750, 756 (2010) (sufficient evidence when the defendant possessed cocaine in a vehicle over a duration of time and/or on more than one occasion), temp. stay allowed, ___ N.C. ___, 700 S.E.2d 229 (2010), with State v. Thompson, 188 N.C. App. 102, 105 (2008) (insufficient evidence when the defendant possessed 2.1 grams of cocaine but there was no evidence that he used the premises to keep cocaine over a duration of time), and State v. Lane, 163 N.C. App. 495, 499-500 (2004) (insufficient evidence when drugs were found in the defendant’s vehicle on only one occasion and the evidence did not indicate possession over a duration of time). Similarly, when the allegation is that the property is being used for the selling of controlled substances, evidence of more than one sale is required. Compare State v. Moore, 188 N.C. App. 416, 424-25 (2008) (evidence was sufficient when it showed two sales), and State v. Calvino, 179 N.C. App. 219, 222-23 (2006) (same), with State v. Dickerson, 152 N.C. App. 714, 715 (2002) (the fact that the defendant was in his vehicle on one occasion when he sold a controlled substance did not demonstrate that the vehicle was used for the keeping or selling of controlled substances); State v. Lane, 163 N.C. App. 495, 499-500 (2004) (following Dickerson).
As a general matter, when determining whether the property is being used for keeping or selling controlled substances, the courts consider the totality of the circumstances. See, e.g., State v. Mitchell, 336 N.C. 22, 30 (1994); Moore, 188 N.C App. at 424. Factors relevant to the determination include:
Class I Felony.
Elements:
The crime of maintaining a dwelling has four elements. To be guilty, a person must:
(1) knowingly
(2) keep or maintain
(3) a store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or other place
(4) (a) being resorted to by persons unlawfully using controlled substances or
(b) being used for unlawfully keeping or selling controlled substances.
Defenses:
Element (4)(b). While Element (2) requires that the defendant keep or maintain the property, Element (4)(b) requires that the property be used for unlawfully keeping or selling controlled substances. The statute’s use of the word “keep” in Element (2) and the related term “keeping” in Element (4)(b) has created some confusion, particularly because the terms mean different things in each element. As used in Element (2) the term “keep” refers to the defendant’s control and authority over the premises, vehicle, etc. In Element (4)(b), however, the word “keeping” refers to possession of controlled substances on or in the property.
As used in Element (4)(b), the term “keeping” “denotes not just possession, but possession that occurs over a duration of time.” State v. Dickerson, 152 N.C. App. 714, 716 (2002) (quoting State v. Mitchell, 336 N.C. 22, 32-33 (1994)). Thus, one isolated instance of possession on the property is insufficient evidence that the property is used for keeping controlled substances. Compare State v. Craven, ___ N.C. App. ___, 696 S.E.2d 750, 756 (2010) (sufficient evidence when the defendant possessed cocaine in a vehicle over a duration of time and/or on more than one occasion), temp. stay allowed, ___ N.C. ___, 700 S.E.2d 229 (2010), with State v. Thompson, 188 N.C. App. 102, 105 (2008) (insufficient evidence when the defendant possessed 2.1 grams of cocaine but there was no evidence that he used the premises to keep cocaine over a duration of time), and State v. Lane, 163 N.C. App. 495, 499-500 (2004) (insufficient evidence when drugs were found in the defendant’s vehicle on only one occasion and the evidence did not indicate possession over a duration of time). Similarly, when the allegation is that the property is being used for the selling of controlled substances, evidence of more than one sale is required. Compare State v. Moore, 188 N.C. App. 416, 424-25 (2008) (evidence was sufficient when it showed two sales), and State v. Calvino, 179 N.C. App. 219, 222-23 (2006) (same), with State v. Dickerson, 152 N.C. App. 714, 715 (2002) (the fact that the defendant was in his vehicle on one occasion when he sold a controlled substance did not demonstrate that the vehicle was used for the keeping or selling of controlled substances); State v. Lane, 163 N.C. App. 495, 499-500 (2004) (following Dickerson).
As a general matter, when determining whether the property is being used for keeping or selling controlled substances, the courts consider the totality of the circumstances. See, e.g., State v. Mitchell, 336 N.C. 22, 30 (1994); Moore, 188 N.C App. at 424. Factors relevant to the determination include:
- the amount of controlled substances found, State v. Doe, 190 N.C. App. 723, 731 (2008) (insufficient evidence when 6.5 grams of cocaine was found); State v. Thompson, 188 N.C. App. 102, 106-07 (2008) (insufficient evidence when 2.1 grams of cocaine was found); State v. Battle, 167 N.C. App. 730, 734-35 (2005) (listing this as a relevant factor; insufficient evidence when the defendant possessed 1.9 grams of compressed cocaine powder);
- whether a large amount of cash was found, Doe, 190 N.C. App. at 731 (listing this as a relevant factor); Thompson, 188 N.C. App. at 106-07 (no bright line test as to how much money is enough; $345 in cash insufficient); Frazier, 142 N.C. App. at 366 (listing this as a relevant factor; evidence sufficient when a wallet contained $1,493.00 in cash);
- whether drug paraphernalia was found, Thompson, 188 N.C. App. at 106-08 (listing this as a relevant factor; evidence insufficient when no paraphernalia was found); Doe, 190 N.C. App. at 731 (same); Battle, 167 N.C. App. at 734 (same);
- whether firearms were found, State v. Cowan, 194 N.C. App. 330, 337 (2008) (sufficient evidence when firearms were found at the home);
- whether multiple cellular phones or pagers were found, Thompson, 188 N.C. App. at 106; Frazier, 142 N.C. App. at 366 (evidence sufficient when a number of pagers were found);
- where there was other indicia of drug dealing, State v. Shine, 173 N.C. App. 699, 708 (2005) (evidence sufficient when, among other things, three pieces of scrap paper were found listing initials and corresponding dollar amounts, which the jury could infer was a list of customers and their orders or debts);
- whether the defendant admitted selling controlled substances at the premises, Thompson, 188 N.C. App. at 107-08 (evidence insufficient when, among other things, the defendant did not admit to selling drugs); Doe, 190 N.C. App. at 731 (listing this as a relevant factor); Frazier, 142 N.C. App. at 366 (same);
- whether there is witness testimony that drug sales occurred at the property, State v. Calvino, 179 N.C. App. 219, 222-23 (2006) (evidence sufficient when a witness so testified); and
- whether a large numbers of people have been observed coming and going from the premises, Thompson, 188 N.C. App.at 107 (evidence insufficient when there was no evidence that people “were coming and going from his home in a manner to suggest they were buying drugs”).
Class I Felony.
Drug Trafficking in North Carolina
Trafficking in controlled substances is the most serious drug charge in North Carolina, and a conviction can result in years in prison, as well as thousands of dollars in fines. An experienced defense attorney can examine the facts of your case and potentially negotiate to reduce your charges. Contact our office as soon as possible so that he can help determine the best course of action for you.
Trafficking in controlled substances includes the sale, delivery, manufacturing, transporting and possession of large amounts of specific types of controlled substances. These specific types of controlled substances are: marijuana, synthetic cannabinoids, methaqualone, cocaine, methamphetamine, amphetamine, MDPV, mephedrone, opium, LSD, and MDA/MDMA. The amounts of each type of controlled substance which will elevate a crime to trafficking in controlled substances is determined by statute.
Punishments for Drug Trafficking in North Carolina
The trafficking statute provides for both prison sentences and fines as punishment for someone convicted of trafficking in controlled substances. The range of prison sentence provided in the trafficking statute is significantly more severe than the sentence range provided in the Structure Sentencing grid for each class of offense. The trafficking statute provides that:
- A person punished as a Class H felon for trafficking in a controlled substance is sentenced to at least 25 months, but not more than 39 months, in prison, in addition to a fine of at least $5,000.
- A person punished as a Class G felon for trafficking in a controlled substance is sentenced to at least 35 months, but not more than 51 months, in prison, in addition to a fine of at least $25,000.
- A person punished as a Class F felon for trafficking in a controlled substance is sentenced to at least 70 months, but not more than 93 months, in prison, in addition to a fine of at least $50,000.
- A person punished as a Class E felon for trafficking in a controlled substance is sentenced to at least 90 months, but not more than 120 months, in prison, in addition to a fine of at least $100,000.
- A person punished as a Class D felon for trafficking in a controlled substance is sentenced to at least 175 months, but not more than 222 months, in prison, in addition to a fine of at least $200,000.
- A person punished as a Class C felon for trafficking in a controlled substance is sentenced to at least 225 months, but not more than 282 months, in prison, in addition to a fine of at least $250,000.
Reduced Sentence for Substantial Assistance
Although the trafficking statute provides for enhanced punishments for a person convicted of trafficking a controlled substance, the statute also allows the sentencing judge, in his discretion, to impose a lesser fine or prison term or to place the person on probation if the person provides “substantial assistance in the identification, arrest, or conviction of any accomplices, accessories, co-conspirators, or principals.” This substantial assistance can be used in separate prosecutions of other cases and is not limited to accomplices prosecuted in the same case as the defendant.
If the trial judge finds that the defendant did provide substantial assistance and the trial judge decides to reduce the sentence, then the reduced sentence is not required to comply with the Structured Sentencing grid for that class of offense.
Multiple Trafficking Violations for One Sale and Delivery Transaction
Unlike a standard sale and delivery violation, the sale and delivery in a trafficking offense can give rise to two separate trafficking violations. The North Carolina Supreme Court has held that a person may not be convicted for both the sale and delivery arising from one transaction. However, under the trafficking statute, the sale and delivery of a controlled substance can constitute two separate trafficking offenses.
Trafficking in Marijuana
Selling, manufacturing, delivering, transporting, or possessing more than 10 pounds of marijuana constitutes the crime of trafficking in marijuana. If the amount of marijuana trafficked is less than 50 pounds, a person who is guilty of trafficking in marijuana is punished as a Class H felon. If the amount of marijuana trafficked is at least 50 pounds but less than 2,000 pounds, a person who is guilty of trafficking in marijuana is punished as a Class G felon. If the amount of marijuana trafficked is at least 2,000 pounds but less than 10,000 pounds, a person who is guilty of trafficking in marijuana is punished as a Class F felon. If the amount of marijuana trafficked is 10,000 pounds or more, a person who is guilty of trafficking in marijuana is punished as a Class D felon.
Trafficking in Synthetic Cannabinoids
Selling, manufacturing, delivering, transporting, or possessing more than 50 dosage units of synthetic cannabinoids constitutes the crime of trafficking in synthetic cannabinoids. A dosage unit is equal to 3 grams of synthetic cannabinoids. If the amount of synthetic cannabinoids trafficked is less than 250 dosage units, a person who is guilty of trafficking in synthetic cannabinoids is punished as a Class H felon. If the amount of synthetic cannabinoids trafficked is at least 250 dosage units but less than 1,250 dosage units, a person who is guilty of trafficking in synthetic cannabinoids is punished as a Class G felon. If the amount of synthetic cannabinoids trafficked is at least 1,250 dosage units but less than 3,750 dosage units, a person who is guilty of trafficking in synthetic cannabinoids is punished as a Class F felon. If the amount of synthetic cannabinoids trafficked is 3,750 dosage units or more, a person who is guilty of trafficking in synthetic cannabinoids is punished as a Class D felon.
Trafficking in Methaqualone
Selling, manufacturing, delivering, transporting, or possessing more than 1,000 tablets or equivalent dosage units of methaqualone constitutes the crime of trafficking in methaqualone. If the amount of methaqualone trafficked is less than 5,000 dosage units, a person who is guilty of trafficking in methaqualone is punished as a Class G felon. If the amount of methaqualone trafficked is at least 5,000 dosage units but less than 10,000 dosage units, a person who is guilty of trafficking in methaqualone is punished as a Class F felon. If the amount of methaqualone trafficked is 10,000 dosage units or more, a person who is guilty of trafficking in methaqualone is punished as a Class D felon.
Trafficking in Cocaine
Selling, manufacturing, delivering, transporting, or possessing more than 28 grams of cocaine constitutes the crime of trafficking in cocaine. If the amount of cocaine trafficked is less than 200 grams, a person who is guilty of trafficking in cocaine is punished as a Class G felon. If the amount of cocaine trafficked is at least 200 grams but less than 400 grams, a person who is guilty of trafficking in cocaine is punished as a Class F felon. If the amount of cocaine trafficked is 400 grams or more, a person who is guilty of trafficking in cocaine is punished as a Class D felon.
Trafficking in Methamphetamine
Selling, manufacturing, delivering, transporting, or possessing more than 28 grams of methamphetamine constitutes the crime of trafficking in methamphetamine . If the amount of methamphetamine trafficked is less than 200 grams, a person who is guilty of trafficking in methamphetamine is punished as a Class F felon. If the amount of methamphetamine trafficked is at least 200 grams but less than 400 grams, a person who is guilty of trafficking in methamphetamine is punished as a Class E felon. If the amount of methamphetamine trafficked is 400 grams or more, a person who is guilty of trafficking in methamphetamine is punished as a Class C felon.
Trafficking in Amphetamine
Selling, manufacturing, delivering, transporting, or possessing more than 28 grams of amphetamine constitutes the crime of trafficking in amphetamine . If the amount of amphetamine trafficked is less than 200 grams, a person who is guilty of trafficking in amphetamine is punished as a Class H felon. If the amount of amphetamine trafficked is at least 200 grams but less than 400 grams, a person who is guilty of trafficking in amphetamine is punished as a Class G felon. If the amount of amphetamine trafficked is 400 grams or more, a person who is guilty of trafficking in amphetamine is punished as a Class E felon.
Trafficking in MDPV
Selling, manufacturing, delivering, transporting, or possessing more than 28 grams of MDPV constitutes the crime of trafficking in MDPV. If the amount of MDPV trafficked is less than 200 grams, a person who is guilty of trafficking in MDPV is punished as a Class F felon. If the amount of MDPV trafficked is at least 200 grams but less than 400 grams, a person who is guilty of trafficking in MDPV is punished as a Class E felon. If the amount of MDPV trafficked is 400 grams or more, a person who is guilty of trafficking in MDPV is punished as a Class C felon.
Trafficking in Mephedrone
Selling, manufacturing, delivering, transporting, or possessing more than 28 grams of mephedrone constitutes the crime of trafficking in mephedrone. If the amount of mephedrone trafficked is less than 200 grams, a person who is guilty of trafficking in mephedrone is punished as a Class F felon. If the amount of mephedrone trafficked is at least 200 grams but less than 400 grams, a person who is guilty of trafficking in mephedrone is punished as a Class E felon. If the amount of mephedrone trafficked is 400 grams or more, a person who is guilty of trafficking in mephedrone is punished as a Class C felon.
Trafficking in Opium or Heroin
Selling, manufacturing, delivering, transporting, or possessing more than 4 grams of opium constitutes the crime of trafficking in opium. If the amount of opium trafficked is less than 14 grams, a person who is guilty of trafficking in opium is punished as a Class F felon. If the amount of opium trafficked is at least 14 grams but less than 28 grams, a person who is guilty of trafficking in opium is punished as a Class E felon. If the amount of opium trafficked is 28 grams or more, a person who is guilty of trafficking in opium is punished as a Class C felon.
Trafficking in LSD
Selling, manufacturing, delivering, transporting, or possessing more than 100 tablets or equivalent dosage units of LSD constitutes the crime of trafficking in LSD. If the amount of LSD trafficked is less than 500 dosage units, a person who is guilty of trafficking in LSD is punished as a Class G felon. If the amount of LSD trafficked is at least 500 dosage units but less than 1,000 dosage units, a person who is guilty of trafficking in LSD is punished as a Class F felon. If the amount of LSD trafficked is 1,000 dosage units or more, a person who is guilty of trafficking in LSD is punished as a Class D felon.
