(6)6.1.2 Unlawful Possession of a Controlled Substance, Intent to Distribute
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A person is guilty of Unlawful Possession of a Controlled Substance with Intent to Distribute under this subsection if he or she willfully:
(a) possesses a controlled substance without lawful authority or prescription; and
(b) does so with the intent to deliver, sell, distribute, or otherwise transfer the substance to another person.
(c) Offense classification by federal schedule:
- Schedule I or II: Class B Felony
- Schedule III: Class C Felony
- Schedule IV: Class D Felony
- Schedule V: Gross Misdemeanor
(d) This subsection does not apply to substances lawfully prescribed or possessed in accordance with federal or state law, or to Marijuana (CSCN: 7360) or Marihuana Extract (CSCN: 7350) possessed in compliance with applicable regulations.