Manufacture of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine

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  1. (a) This section does not apply to the manufacture of methamphetamine or cocaine, which is governed by § 5-64-423.

  2. (b) Except as provided by this chapter, it is unlawful for a person to manufacture a Schedule I or Schedule II controlled substance.

  3. (c) A person who violates this section upon conviction is guilty of a:

    1. (1) Class C felony if the person manufactured by aggregate weight, including an adulterant or diluent, less than two grams (2g) of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine;

    2. (2) Class B felony if the person manufactured by aggregate weight, including an adulterant or diluent:

      1. (A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, cocaine, or a controlled substance listed in this subdivision (c)(2);

      2. (B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride;

      3. (C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD);

      4. (D) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule I or Schedule II depressant or hallucinogenic drug regardless of weight; or

      5. (E) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule I or Schedule II stimulant drug regardless of weight; or

    3. (3) Class A felony if the person manufactured by aggregate weight, including an adulterant or diluent:

      1. (A) Twenty-eight grams (28g) or more of a Schedule I or Schedule II controlled substance that is not methamphetamine, cocaine, or a controlled substance listed in this subdivision (c)(3);

      2. (B) One hundred sixty (160) dosage units or more of hydromorphone hydrochloride;

      3. (C) One hundred sixty (160) or more dosage units of lysergic acid diethylamide (LSD);

      4. (D) One hundred sixty (160) dosage units or more regardless of weight for any other Schedule I or Schedule II depressant or hallucinogenic drug; or

      5. (E) One hundred sixty (160) dosage units or more regardless of weight for any other Schedule I or Schedule II stimulant drug.


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