(6)6.2.1 Narcotics Trafficking in the First Degree

A person is guilty of Narcotics Trafficking in the First Degree under this subsection if he or she willfully:

(a) transports, conveys, carries, or causes to be transported any narcotics from one place to another; and

(b) does so knowing the nature of the substance being transported; and

(c) the transportation is not merely incidental to lawful possession for personal use; and

(d) this offense is committed in cooperation with or in furtherance of a criminal enterprise or terrorism scheme; or

(e) this offense is part of an ongoing scheme and is not isolated to a single incident; or

(f) the offender, as a part of pre-trial conditions, probation conditions, or parole conditions, at the time of the offense is ordered not to be in possession of narcotics; or

(g) the offender, has previously been convicted of Narcotics Trafficking in any degree.

(h) the offense involves an exceptional quantity of a controlled substance not typically seen in Narcotics Trafficking offenses.

(i) For purposes of this subsection, “narcotics” means:

• any controlled substance; or

• marijuana or marijuana extract only where:
• the quantity exceeds lawful personal possession limits; or
• the transportation is undertaken with intent to distribute the substance at a later time.

(j) This subsection shall not apply to:

• lawful transportation conducted pursuant to a valid prescription, license, or regulatory authorization;
• transportation by common carriers or employees acting in the ordinary course of lawful employment without knowledge of the substance;
• mere possession without movement sufficient to constitute transportation; or
• transportation that is solely incidental to a charge of distribution or possession with intent to distribute, where such offense is separately charged.

(k) Nothing in this subsection shall require proof of an actual sale, transfer, or delivery of the substance.

Narcotics Trafficking in the First Degree is a Class B Felony.