(a) This section does not apply to the delivery of methamphetamine, fentanyl, heroin, or cocaine, which is governed by §§ 5-64-421 and 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, fentanyl, heroin, 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, fentanyl, heroin, 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, fentanyl, heroin, 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. Amended by Act 2021, No. 887,§ 6, eff. 7/28/2021. Acts 2011, No. 570, § 49. (a) This section does not apply to the delivery of methamphetamine, fentanyl, heroin, or cocaine, which is governed by §§ 5-64-421 and 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, fentanyl, heroin, 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, fentanyl, heroin, 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, fentanyl, heroin, 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. Amended by Act 2021, No. 887,§ 6, eff. 7/28/2021. Acts 2011, No. 570, § 49. (a) This section does not apply to the delivery of methamphetamine, fentanyl, heroin, or cocaine, which is governed by §§ 5-64-421 and 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, fentanyl, heroin, 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, fentanyl, heroin, 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, fentanyl, heroin, 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. Amended by Act 2021, No. 887,§ 6, eff. 7/28/2021. Acts 2011, No. 570, § 49. (a) This section does not apply to the delivery of methamphetamine, fentanyl, heroin, or cocaine, which is governed by §§ 5-64-421 and 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, fentanyl, heroin, 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, fentanyl, heroin, 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, fentanyl, heroin, 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. (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, fentanyl, heroin, 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, fentanyl, heroin, 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 (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, fentanyl, heroin, 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, fentanyl, heroin, 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. (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, fentanyl, heroin, 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. Acts 2011, No. 570, § 49.
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