(6)6.1.1 Unlawful Possession of a Controlled Substance
A person is guilty of Unlawful Possession of a Controlled Substance under this subsection if he or she willfully possesses a substance classified as a controlled substance:
(a) Without a valid prescription or lawful authority; and
(b) In a quantity exceeding the threshold set forth for the substance’s federal schedule, as follows:
| Schedule | Threshold | Offense Class |
|---|---|---|
| Schedule I or II | ≥ 5 grams | Class B Felony |
| Schedule I or II | < 5 grams | Gross Misdemeanor |
| Schedule III | ≥ 50 grams | Class D+ Felony |
| Schedule III | < 50 grams | Gross Misdemeanor |
| Schedule IV | ≥ 100 grams | Class D Felony |
| Schedule IV | < 100 grams | Gross Misdemeanor |
| Schedule V | Any amount | Misdemeanor |
(c) For purposes of this subsection, possession includes actual possession, constructive possession, or joint possession where the actor knowingly has access to or control over the substance.
(d) This subsection does not apply to:
- Substances lawfully prescribed and possessed in accordance with federal and state law;
- Marijuana (CSCN: 7360) and Marihuana Extract (CSCN: 7350) possessed in compliance with applicable state regulations.