YSC, Title 11.  Crimes & Punishment
 
 
 
Chapter 10:  Drug Control

1001.  Short title.
1002.  Purpose.
1003.  Definitions.
1004.  Drugs subject to this chapter.
1005.  Prescriptions.
1006.  Manufacture, distribution, and dispensing.
1007.  Production of marijuana.
1008.  Possession.
1009.  Distribution of persons under eighteen.
1010.  Attempts and conspiracies.
1011.  Severability.

     1001.  Short title.
     This chapter shall be known and may be cited as the "State Drug Control Act".

Source:  YSL 2-48 2, modified.

Cross-reference:  The statutory provisions on food and drugs are found in chapter 3 of Title 15 (Health and Welfare) of this Code.  The statutory provisions on Alcoholic Beverages are found in Title 30 of this Code.

     1002.  Purpose.
     The purpose of this chapter is to address the problems caused by the use of mind altering drugs by providing a way to control and punish the distribution, possession, or use of such drugs.

Source:  YSL 2-48 2, modified.

     1003.  Definitions.
     For the purposes of this chapter, the following terms shall have the meaning indicated below:

     (a)  "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another.

     (b)  "Manufacture" means the production, preparation, propagation, compounding, conservation, or processing of a drug, either directly or indirectly by extraction from substances  of  natural origin, or independently by means of chemical synthesis, or by any combination thereof, and includes any packaging or repackaging of the substance or labeling or relabeling of its container; except that this term does not include activities by a practitioner, or by his authorized agent, in the course of his professional practice.
 
     (c)  "Marijuana" means all parts of the plant (genus) Cannabis whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.

     (d)  "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by any combination thereof:

     (1)  Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, or any chemical equivalent thereof;

     (2)  Opium poppy and poppy straw;

     (3)  Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.

     (e)  "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability.

     (f)  "Person" means individual, corporation, governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

     (g)  "Practitioner" means:

     (1)  A physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a drug in the course of professional practice or research in this State;

     (2)  A pharmacy, hospital, dispensary, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a drug in the course of professional practice or research in this State.

     (h)  "Prescription" means an order or formula issued by a licensed practitioner of medicine, osteopathy, podiatry, dentistry, or veterinary medicine, for the compounding or dispensing of drugs.

     (i)  "Production" means the planting, cultivation, growing, or harvesting of a controlled substance.
 
Source:  YSL 2-48 2, modified.

     1004.  Drugs subject to this chapter.
     The provisions of this chapter shall apply to any and all opium, opiates, and their derivatives, opium poppy and poppy straw, cocaine, coca leaves, and their derivatives, and any and all narcotic drugs, heroin, morphine, and their derivatives, amphetamines, barbiturates and their derivatives, and any and all drugs with a stimulant or depressant effect on the central nervous system, codeine, and any and all hallucinogenic substances, including, but not limited to, marijuana, lysergic acid diethylamide (LSD), mescaline, peyote, psylocyn, psilocybin, and tretrahydrocannabinol; provided that alcohol shall be excluded from the provisions of this chapter.

Source:  YSL 2-48 2, modified.

Cross-reference:  The statutory provisions on food and drugs are found in chapter 3 of Title 15 (Health and Welfare) of this Code.  The statutory provisions on Alcoholic Beverages are found in Title 30 of this Code.

     1005.  Prescriptions.
     Except when dispensed directly by a practitioner or in an emergency situation, no drug described in section 1004 may be dispensed to a user without the written prescription of a practitioner, and no prescription shall be written for other than a solely medicinal purpose; provided that, in no event shall a prescription be written for any of the hallucinogenic substances listed in section 1004; provided further that, any compound, mixture, or preparation containing extremely limited quantities of a narcotic drug, manufactured and marketed by a reputable company as a non-prescription drug, which shall include one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone, may be dispensed without a prescription.

Source:  YSL 2-48 2, modified.

     1006.  Manufacture, distribution, and dispensing.

     (a)  Except as authorized by this chapter, it shall be unlawful for any person knowingly or intentionally to manufacture, deliver, or possess with intent to manufacture, deliver, or dispense, a drug described in section 1004 of this chapter.

     (b)  Any person who violates subsection (a) of this section shall be sentenced to a term of imprisonment of not more than three years, a fine of not more than $5,000.00, or both.

Source:  YSL 2-48 2, modified.

     1007.  Production of marijuana.
 
     (a)  It shall be unlawful for any person to participate in any way in the production of marijuana.

     (b)  Any person who violates subsection (a) of this section shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $1,000.00, or both.

Source:  YSL 2-48 2, modified.

     1008.  Possession.

     (a)  It shall be unlawful for any person knowingly or intentionally to possess a drug described in section 1004 of this chapter, unless such drug was obtained directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this chapter.

     (b)  Any person who violates subsection (a) of this section with respect to any drug except marijuana shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $1,000.00, or both.

     (c)  Any person who violates subsection (a) of this section with respect to marijuana shall be penalized as follows:

     (1)  any person possessing one ounce or less shall be sentenced to a term of imprisonment of not more than 30 days, a fine of not more than $100.00, or both; provided that a first time drug offender shall be subject only to a fine;

     (2)  any person possessing more than one ounce but less than two pounds shall be sentenced to a term of imprisonment of not more than six months, a fine of not more than $500.00, or both;

     (3)  any person possessing more than two pounds shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $1,000.00, or both.

Source:  YSL 2-48 2, modified.

     1009.  Distribution of persons under eighteen.
     Any person at least 18 years of age who violates subsection (a) of section 1006 of this chapter by distributing a drug described in section 1004 of this chapter to a person under 18 years of age shall be subject to a term of imprisonment and a fine of up to twice the maximum punishment authorized by subsection (b) of section 1006.

Source:  YSL 2-48 2, modified.

     1010.  Attempts and conspiracies.
     Any person who attempts, endeavors, or conspires to commit any offense described in this chapter shall be subject to a term of imprisonment or fine, or both, which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt, endeavor, or conspiracy.

Source:  YSL 2-48 2, modified.

Commission Comment:  The typographical error in the section title reading, "Attemapts and conspiracies." is corrected to read "Attempts and conspiracies.".

     1011.  Severability.
     If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, such invalidity does not effect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

Source:  YSL 2-48 2, modified.