(a) Except as authorized by this chapter, it shall be unlawful for any person knowingly or intentionally—
(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
(b) Except as otherwise provided in section 608, any person who violates subsection (a) of this section shall be sentenced as follows:
(1)
(A) In the case of a controlled substance in schedule I or II which is a narcotic drug, such person shall be sentenced to a term of imprisonment of not more than 15 years, a fine of not more than $25,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this chapter or other law of the Virgin Islands relating to narcotic drugs, marijuana, synthetic marijuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 30 years, a fine of not more than $50,000, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 6 years in addition to such term of imprisonment.
(B) In the case of a controlled substance in schedule I or II which is not a narcotic drug or in the case of any controlled substance in schedule III, such person shall be sentenced to a term of imprisonment of not more than 5 years, a fine of not more than $15,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this chapter or other law of the Virgin Islands relating to narcotic drugs, marijuana, synthetic marijuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 10 years, a fine of not more than $30,000, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 4 years in addition to such term of imprisonment.
(2) In the case of a controlled substance in schedule IV, such person shall be sentenced to a term of imprisonment of not more than 3 years, a fine of not more than $10,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this chapter or other law of the Virgin Islands relating to narcotic drugs, marijuana, synthetic marijuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 6 years, a fine of not more than $20,000, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least one year in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 2 years in addition to such term of imprisonment.
(3) In the case of a controlled substance in schedule V, such person shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $5,000, or both. If any person commits such a violation after one or more convictions of him for an offense punishable under this paragraph, or for a crime under any other provision of this chapter or other law of the Virgin Islands relating to narcotic drugs, marijuana, synthetic marijuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 2 years, a fine of not more than $10,000, or both.
(4) Notwithstanding paragraph (1)(B) of this subsection, any person who violates subsection (a) of this section by distributing a small amount of marijuana, synthetic marijuana, for no remuneration shall be treated as provided in subsections (a) and (b) of section 607 of this chapter.
(5)
(A) A person eighteen (18) years of age or older who is convicted in any Court of this Territory of a violation of subsection (a) of this section shall, if the conviction was for distribution, dispensing, or possession with intent to distribute or intent to dispense a controlled substance, and, the act which is the factual predicate for such conviction occurred within one thousand (1000) feet of the real property boundary on which real property is located a public, private or parochial school or college or university, or public park, public playground or public beach, shall, in addition to any other sentences and penalties set forth in this subsection be sentenced to an additional minimum sentence of at least two years total confinement, notwithstanding any other provision of this title or other statute to the contrary.
(B) Proof at sentencing. The provisions of this subsection shall not be an element of the crime. Notice of the applicability of this subsection to the defendant shall not be required prior to conviction, but reasonable notice of the intent of the prosecuting authority to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The court shall consider the evidence presented at trial, shall afford the prosecuting authority and the defendant an opportunity to present any necessary additional evidence and shall determine, by a preponderance of the evidence, if this subsection is applicable.
(C) Limitation. Upon application by the prosecuting authority, there shall be no authority for a court to impose on a defendant, to which this subsection applies, a lesser sentence than as provided in paragraph (5)(A) of this section or to place the defendant on probation or to suspend sentence. Nothing in this subsection shall prevent the sentencing court from imposing a sentence greater than that provided in this subsection.
(D) Appeal by the Government of the Virgin Islands or other prosecuting authority. If a sentencing court refuses to apply this subsection where applicable, the Government of the Virgin Islands or other prosecuting authority, as the case may be, shall have the right of appellate review of the action of the sentencing court. The appellate court shall vacate sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this subsection if such appellate court shall find that the sentence imposed was in violation of this subsection.
(E) Savings clause. If any provision of this chapter or the application of it to any person or circumstance is held to be invalid, the invalidation of it shall not affect any other provision or applications of it, and to this end, the provisions of the chapter are declared to be severable.
(6) In the case of designer drugs any person who, on any single occasion, knowingly sells, manufactures, delivers or brings into this territory with intent to deliver a designer drug, or any mixture containing any such substance, as described in § 593(11) of this title, is guilty of a class B felony, which felony shall be known as “trafficking in designer drugs”. The person shall be sentenced to mandatory minimum term of imprisonment of five (5) years and to pay a fine of not less than ten thousand dollars ($10,000).
(c) A special parole term imposed under this section or section 608 may be revoked if its terms and conditions are violated. In such circumstances the original term of imprisonment shall be increased by the period of the special parole term and the resulting new term of imprisonment shall not be diminished by the time which was spent on special parole. A person whose special parole term has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. A special parole term provided for in this section or section 608 shall be in addition to, and not in lieu of, any other parole provided for by law.