Current with legislation from 2024 Fiscal and Special Sessions.
Section 5-64-427 - Manufacture of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine(a) This section does not apply to the manufacture of methamphetamine, fentanyl, heroin, or cocaine, which is governed by §§ 5-64-421 and 5-64-423.(b) Except as provided by this chapter, it is unlawful for a person to manufacture a Schedule I or Schedule II controlled substance.(c) A person who violates this section upon conviction is guilty of a: (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, fentanyl, heroin, or cocaine;(2) Class B felony if the person manufactured by aggregate weight, including an adulterant or diluent: (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, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(2);(B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride;(C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD);(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(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) Class A felony if the person manufactured by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(3);(B) One hundred sixty (160) dosage units or more of hydromorphone hydrochloride;(C) One hundred sixty (160) or more dosage units of lysergic acid diethylamide (LSD);(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(E) One hundred sixty (160) dosage units or more regardless of weight for any other Schedule I or Schedule II stimulant drug.Amended by Act 2021, No. 887,§ 6, eff. 7/28/2021. Acts 2011, No. 570, § 50.