Trafficking in certain controlled substances; mandatory sentences; suspension or reduction

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  • (a) Notwithstanding any other provision of law:

    • (1) Any person who knowingly sells, manufactures, delivers, or brings into this Territory, or who is knowingly in actual or constructive possession of, in excess of 50 pounds of marijuana or synthetic marijuana is guilty of a felony which shall be known as “trafficking in marijuana or synthetic marijuana”. If the quantity of marijuana or synthetic marijuana involved:

      • (A) is in excess of 50 pounds, but less than 200 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $25,000;

      • (B) is 200 pounds or more, but less than 1,000 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of 5 calendar years and to pay a fine of $50,000;

      • (C) is 1,000 pounds or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of $200,000.

    • (2) Any person who knowingly sells, manufactures, delivers, or brings into this Territory, or who is knowingly in actual or constructive possession of, in excess of one pound of hashish or hashish oil is guilty of a felony which shall be known as “trafficking in hashish”. If the quantity of hashish involved:

      • (A) is in excess of one pound but less than 10 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $25,000;

      • (B) is 10 pounds or more, but less than 100 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of 5 calendar years and to pay a fine of $50,000;

      • (C) is 100 pounds or more, such a person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of $200,000.

    • (3) Any person who knowingly sells, manufactures, delivers, or brings into this Territory, or who is knowingly in actual or constructive possession of 6 grams or more of cocaine or of any mixture containing cocaine, as described in Schedule II(a)(4) of section 595(b) of this chapter, is guilty of a felony which shall be known as “trafficking in cocaine”. If the quantity involved:

      • (A) is 6 grams or more, but less than 26 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $50,000;

      • (B) is 26 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 5 calendar years and to pay a fine of $100,000;

      • (C) is 200 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of $250,000.

    • (4) Any person who knowingly sells, manufactures, delivers, or brings into this Territory, or who is knowingly in actual or constructive possession of 100 units or more of a controlled substance which is either a stimulant, depressant or hallucinogenic drug is guilty of a felony which shall be known as “trafficking in dangerous drugs”. For the purposes of this paragraph “unit” means that quantity of the controlled substance in question which is generally utilized in a single human dosage, as determined by the Commissioner of Health, whether packaged in dosage form or not. If the quantity involved:

      • (A) is 100 units or more, but less than 500 units, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $50,000;

      • (B) is 500 units or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 5 calendar years and to pay a fine of $100,000;

      • (C) is 2,000 units or more, such person shall be sentenced to a mandatory term of imprisonment of 15 calendar years and to pay a fine of $250,000.

    • (5) Any person who knowingly sells, manufactures, delivers, or brings into this Territory, or who is knowingly in actual or constructive possession of, 2 grams or more of any morphine, opium, or any salt, isomer, or salt of any isomer thereof, including heroin, as described in Schedule I(b) or section 595(b) of this chapter, or 2 grams or more of any mixture containing any such substance, is guilty of a felony which shall be known as “trafficking in morphine” or “trafficking in opium” as the case may be. If the quantity involved:

      • (A) is 2 grams or more, but less than 6 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $50,000;

      • (B) is 6 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 10 calendar years and to pay a fine of $100,000;

      • (C) is 14 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and to pay a fine of $500,000.

  • (b) Notwithstanding any other provisions of law with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed by this section.

  • (c) The prosecuting attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, co-conspirators, or principals. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if he finds that the defendant rendered such substantial assistance.


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