(6)2.2.3 Unlawful Distribution of a Controlled Substance

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A person is guilty of Unlawful Distribution of a Controlled Substance under this subsection if he or she willfully:

(a) delivers, transfers, dispenses, sells, or otherwise distributes a controlled substance to another person; and

(b) does so knowing the nature of the substance distributed.

(c) Distribution under this subsection includes both direct and indirect transfers, whether or not consideration is exchanged.

(d) This subsection shall not require proof of profit, remuneration, or commercial activity.

(e) This subsection shall not apply to:

  • lawful distribution pursuant to a valid prescription, license, or regulatory authorization;
  • administration of a controlled substance by a licensed medical professional acting within the scope of lawful practice;
  • conduct constituting lawful possession solely for personal use without transfer to another person.

(f) This subsection shall not apply where the person is charged under Narcotics Trafficking in the First Degree or Second Degree for the same course of conduct, except for purposes of plea negotiations, lesser-included offenses, or judicial discretion in disposition.

Unlawful Distribution of a Controlled Substance is a Class B Felony.

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