218A.1412 Trafficking in controlled substance in first degree -- Penalties.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A person is guilty of trafficking in a controlled substance in the first degree when

he or she knowingly and unlawfully traffics in:

(a)Four

(4)grams or more of cocaine;

(b)Two

(2)grams or more of methamphetamine;

(c)Ten

(10)or more dosage units of a controlled substance that is classified in

Schedules I or II and is a narcotic drug, or a controlled substance analogue;

(d)Any quantity of heroin, fentanyl, carfentanil, or fentanyl derivatives; lysergic

acid diethylamide; phencyclidine; gamma hydroxybutyric acid (GHB),

including its salts, isomers, salts of isomers, and analogues; or flunitrazepam,

including its salts, isomers, and salts of isomers; or

(e)Any quantity of a controlled substance specified in paragraph (a), (b), or

(c)of

this subsection in an amount less than the amounts specified in those

paragraphs.

(2)The amounts specified in subsection

(1)of this section may occur in a single

transaction or may occur in a series of transactions over a period of time not to

exceed ninety

(90)days that cumulatively result in the quantities specified in this

section.

(a)Any person who violates the provisions of subsection (1)(a), (b), (c), or

(d)of

this section shall be guilty of a Class C felony for the first offense and a Class

B felony for a second or subsequent offense.

(b)Any person who violates the provisions of subsection (1)(e) of this section

shall be guilty of a Class D felony for the first offense and a Class C felony

for a second or subsequent offense.

(c)If the substance is fentanyl or a fentanyl derivative, and the injection,

ingestion, inhalation, or other introduction of the fentanyl or fentanyl

derivative causes the death of a person, the penalty for the offense shall be

one

(1)level higher than the level otherwise specified in this section.

(d)Any person convicted of a Class C felony offense or higher under this section

shall not be released on probation, shock probation, parole, conditional

discharge, or other form of early release until he or she has served at least fifty

percent (50%) of the sentence imposed in cases where the trafficked substance

was heroin, fentanyl, carfentanil, or fentanyl derivatives.