(6)6.2.2 Narcotics Trafficking in the Second Degree

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A person is guilty of Narcotics Trafficking in the Second 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.

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

  • 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.

(e) 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.

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

Narcotics Trafficking in the Second Degree is a Class C Felony.

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