POSSESSION OF DRUG PARAPHERNALIA

Elements
• A person guilty of this offense
• (1) knowingly
• (2) uses or possesses with the intent to use
• (3) drug paraphernalia
• (4) for any of the following purposes:

  • (a) to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, or conceal or
  • (b) to inject, ingest, inhale, or otherwise introduce into the body

• (5) a controlled substance, other than marijuana, that is unlawful to possess.

Punishment
The crime is a Class 1 misdemeanor.

POSSESSION OF MARIJUANA PARAPHERNALIA

Elements
• A person guilty of this offense
• (1) knowingly
• (2) uses or possesses with the intent to use
• (3) drug paraphernalia
• (4) for any of the following purposes:

  • (a) to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, or conceal or
  • (b) to inject, ingest, inhale, or otherwise introduce into the body
• (5) marijuana.

Punishment
The crime is a Class 3 misdemeanor.

POSSESSION OF A CONTROLLED SUBSTANCE

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.

However, if the controlled substance is 3,4-Methylenedioxypyrovalerone (MDPV) and the quantity of the MDPV is 1 gram or less, the crime is a Class 1 misdemeanor.

Possession of a Schedule II, III, or IV substance is a Class 1 misdemeanor.

For a Schedule II, III, or IV substance, the crime is a Class I felony if the amount possessed is more than 100 tablets, capsules, dosage units, or equivalent quantity; more than four tablets, capsules, or dosage units of hydromorphone; or any amount of methamphetamine, amphetamine, phencyclidine, cocaine, and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof; or cocoa leaves and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances (except decocainized cocoa leaves or any extraction of cocoa leaves which does not contain cocaine or ecgonine).

For a Schedule V substance, the crime is a Class 2 misdemeanor.

A Schedule VI controlled substance, if the amount is less than ½ ounce the offense is a Class 3 misdemeanor.

A Schedule VI controlled substance of more than ½ ounce of marijuana and up to 1½ ounces of marijuana, is a Class 1 misdemeanor.

A Schedule VI controlled substance of more than 1½ ounces of marijuana, is a Class I felony.

SALE OR DELIVERY OF A CONTROLLED SUBSTANCE

Elements
• A person guilty of this offense
• (1) knowingly
• (2)

  • (a) sells or
  • (b) delivers

• (3) a controlled substance
• (4) to another person.

Punishment

For the sale of a Schedule I or II substance, the crime is a Class G felony.
For the delivery of a Schedule I or II substance, the crime is a Class H felony.
For the sale or delivery of a Schedule III, IV, V, or VI substance, the crime is a Class H felony.

POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO MANUFACTURE, SELL, OR DELIVER

Elements
• A person guilty of this offense
• (1) knowingly
• (2) possesses
• (3) a controlled substance
• (4) with the intent to manufacture, sell, or deliver it.

Punishment

For a Schedule I or II substance, the crime is a Class H felony.
For a Schedule III, IV, V, or VI substance, the crime is a Class I felony.

MAINTAINING A VEHICLE OR DWELLING FOR THE SALE OF A CONTROLLED SUBSTANCE

Elements
• A person guilty of this offense
• (1) knowingly
• (2) keeps or maintains
• (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.


Punishment
This crime is a Class 1 misdemeanor.
If the act was committed intentionally, the offense is a Class I felony.

POSSESSION OF A CONTROLLED SUBSTANCE IN JAIL OR PRISON PREMISES

Elements
• A person guilty of this offense
• (1) knowingly
• (2) possesses
• (3) a controlled substance
• (4) on the premises of a penal institution or local confinement facility.

Punishment

The crime is a Class H felony.

TRAFFICKING IN MARIJUANA

Elements
• A person guilty of this offense
• (1) knowingly
• (2)

  • (a) manufactures, sells, delivers, transports, or possesses or
  • (b) conspires to manufacture, sell, deliver, transport, or possess

• (3) marijuana
• (4) to another person (if the person sells or delivers), and
• (5) the quantity of marijuana is
  • (a) in excess of 10 pounds but less than 50 pounds,
  • (b) 50 pounds or more but less than 2,000 pounds,
  • (c) 2,000 pounds or more but less than 10,000 pounds, or
  • (d) 10,000 pounds or more
.
Punishment
For the amount in Element (5)(a), the crime is a Class H felony punishable by a mandatory minimum imprisonment of 25 months, a mandatory maximum imprisonment of 30 months, and a mandatory minimum fine of $5,000.

For the amount in Element (5)(b), the crime is a Class G felony punishable by a mandatory minimum imprison¬ment of 35 months, a mandatory maximum imprisonment of 42 months, and a mandatory minimum fine of $25,000.

For the amount in Element (5)(c), the crime is a Class F felony punishable by a mandatory minimum imprisonment of 70 months, a mandatory maximum imprisonment of 84 months, and a mandatory minimum fine of $50,000.

For the amount in Element (5)(d), the crime is a Class D felony punishable by a mandatory minimum imprisonment of 175 months, a mandatory maximum imprisonment of 219 months, and a mandatory minimum fine of $200,000.

TRAFFICKING IN COCAINE

Elements
• A person guilty of this offense
• (1) knowingly
• (2)

  • (a) sells, manufactures, delivers, transports, or possesses or
  • (b) conspires to sell, manufacture, deliver, transport, or possess

• (3) cocaine or any mixture containing cocaine
• (4) to another person (if the person sells or delivers) and
• (5) the quantity of cocaine or mixture containing cocaine is
  • (a) 28 grams or more but less than 200 grams,
  • (b) 200 grams or more but less than 400 grams, or
  • (c) 400 grams or more.


Punishment

For the amount in Element (5)(a), the crime is a Class G felony punishable by a mandatory minimum imprisonment of 35 months, a mandatory maximum imprisonment of 42 months, and a mandatory minimum fine of $50,000.

For the amount in Element (5)(b), the crime is a Class F felony punishable by a mandatory minimum imprisonment of 70 months, a mandatory maximum imprisonment of 84 months, and a mandatory minimum fine of $100,000.

For the amount in Element (5)(c), the crime is a Class D felony punishable by a mandatory minimum imprisonment of 175 months, a mandatory maximum imprisonment of 219 months, and a mandatory minimum fine of $250,000. 

TRAFFICKING IN METHAMPHETAMINE

Elements
• A person guilty of this offense
• (1) knowingly
• (2)

  • (a) sells, manufactures, delivers, transports, or possesses or
  • (b) conspires to sell, manufacture, deliver, transport, or possess

• (3) cocaine or any mixture containing cocaine
• (4) to another person (if the person sells or delivers) and
• (5) the quantity of cocaine or mixture containing cocaine is
  • (a) 28 grams or more but less than 200 grams,
  • (b) 200 grams or more but less than 400 grams, or
  • (c) 400 grams or more.


Punishment

For the amount in Element (5)(a), the crime is a Class G felony punishable by a mandatory minimum imprisonment of 35 months, a mandatory maximum imprisonment of 42 months, and a mandatory minimum fine of $50,000.

For the amount in Element (5)(b), the crime is a Class F felony punishable by a mandatory minimum imprisonment of 70 months, a mandatory maximum imprisonment of 84 months, and a mandatory minimum fine of $100,000. 

For the amount in Element (5)(c), the crime is a Class D felony punishable by a mandatory minimum imprisonment of 175 months, a mandatory maximum imprisonment of 219 months, and a mandatory minimum fine of $250,000. 

TRAFFICKING IN OPIUM, OPIATES, OPIOIDS, OR HEROIN

Elements
• A person guilty of this offense
• (1) knowingly
• (2)

  • (a) sells, manufactures, delivers, transports, or possesses or
  • (b) conspires to sell, manufacture, deliver, transport, or possess

• (3) opium, including heroin, or any mixture containing opium or heroin
• (4) to another person (if the person sells or delivers) and
• (5) the quantity of opium, including heroin, or any mixture containing opium or heroin is
  • (a) 4 grams or more but less than 14 grams,
  • (b)14 grams or more but less than 28 grams, or
  • (c) 28 grams or more.


Punishment

For the amount in Element (5)(a), the crime is a Class F felony punishable by a mandatory minimum imprisonment of 70 months, a mandatory maximum imprisonment of 84 months, and a mandatory minimum fine of $50,000.

For the amount in Element (5)(b), the crime is a Class E felony punishable by a mandatory minimum imprisonment of 90 months, a mandatory maximum imprisonment of 117 months, and a mandatory minimum fine of $100,000.

For the amount in Element (5)(c), the crime is a Class C felony punishable by a mandatory minimum imprisonment of 225 months, a mandatory maximum imprisonment of 279 months, and a mandatory minimum fine of $500,000.

CONSPIRACY TO SELL A CONTROLLED SUBSTANCE

Elements
• A person guilty of this offense
• (1) enters into an agreement with at least one other person
• (2) to commit an unlawful act
• (3) with intent that the agreement be carried out.

Punishment
Unless a different classification is stated in a statute, conspiracy to commit a crime is punishable one class lower than the crime the defendant conspired to commit, except that conspiracy to commit a Class A or B1 felony is a Class B2 felony; conspiracy to commit a Class B2 felony is a Class C felony; conspiracy to commit a Class I felony is a Class 1 misdemeanor; and conspiracy to commit a Class 3 misdemeanor is a Class 3 misdemeanor.