§ 1141. Trafficking.
§ 1142. Possession.
§ 1143. Commercial offenses.
§ 1144. Fraudulent practices.
§ 1145. Attempts and conspiracies.
§ 1146. Penalties for violation of chapter to be in addition to civil or administrative penalties.
§ 1147. Distribution to persons under eighteen.
§ 1148. Conditional discharge for first offense possession.
§ 1149. Conviction by another jurisdiction not bar to prosecution.
(1) Except as authorized by this chapter, it shall be unlawful for any person knowingly or intentionally:
(a) to manufacture, deliver, or possess with intent to manufacture, deliver, or dispense, a controlled substance; or
(b) to create, distribute, or possess with intent to deliver, a counterfeit controlled substance.
(2) Any person who violates subsection (1) of this section with respect to:
(a) a substance classified in schedules I or II which is a narcotic drug shall be sentenced to a term of imprisonment for not more than ten years, a fine of not more than $10,000, or both;
(b) any other controlled substance classified in schedules I, II or III shall be sentenced to a term of imprisonment of not more than five years, a fine of not more than $5,000, or both;
(c) a substance classified in schedule IV shall be sentenced to a term of imprisonment for not more than two years, a fine of not more than $1,000, or both;
(d) a substance classified in schedule V shall be sentenced to a term of imprisonment for not more than one year, a fine of not more than $1,000, or both.
(3) Notwithstanding subsection (2)(b) of this section, any person who violates subsection (1)(a) of this section by distributing not more than one ounce of marihuana for no remuneration shall be treated as provided in subsection (3)(a) of section 1142 of this chapter.
Case annotations: A trial court may properly infer from the quantity of marijuana possessed that the requisite intent existed to support a conviction of trafficking. Kallop v. FSM, 4 FSM R. 170, 177 (App. 1989).
(1) It is unlawful for any person knowingly or intentionally to possess a controlled substance, unless such substance 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.
(2) Any person who violates subsection (1) of this section with respect to any controlled substance except marihuana shall be sentenced to a term of imprisonment for not more than one year, a fine of not more than $1,000, or both.
(3) Any person who violates subsection (1) of this section with respect to marihuana shall be penalized as follows:
(a) any person who possesses one ounce or less shall be fined not more than $50;
(b) any person possessing more than one ounce but less than two and two-tenths pounds shall be sentenced to a term of imprisonment of not more than three months, a fine of not more than $500, or both;
(c) any person possessing two and two-tenths pounds or more of marihuana shall be sentenced to a term of not more than one year, a fine of not more than $1,000, or both. The possession of two and two-tenths pounds or more of marihuana by any person shall constitute a rebuttable presumption of the crime of trafficking under subsection (2)(b) of section 1141 of this chapter.
(1) It shall be unlawful for any person who is subject to the requirements of subchapter III of this chapter:
(a) to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;
(b) to manufacture, distribute, or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;
(c) to refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice or information required under this chapter;
(d) to refuse an entry into any premises for any inspection authorized by this chapter; or
(e) to knowingly keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any other structure or place whatever, which is resorted to by persons using controlled substances, or which is used for the keeping or selling of the same in violation of this chapter.
(2) Any person who violates this section is punishable by imprisonment for not more than five years, or a fine of not more than $1,000, or both.
(1) It shall be unlawful for any person knowingly or intentionally:
(a) to distribute a controlled substance classified in schedules I or II, in the course of his legitimate business, if that person is a registrant, except pursuant to an order form as required by section 1137 of this chapter;
(b) to use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended or issued to another person;
(c) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;
(d) to furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter;
(e) to make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container of labeling thereof so as to render such drug a counterfeit controlled substance.
(2) Any person who violates this section is punishable by imprisonment for not more than five years, a fine of not more than $1,000, or both.
Any person who attempts, endeavors or conspires to commit any offense defined in this chapter is punishable by 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.
Any penalty imposed for violation of this chapter shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.
Any person who is at least 18 years of age who violates subsection (1)(a) of section 1141 of this chapter by distributing a substance listed in schedules I and II which is a narcotic drug to a person under 18 years of age who is at least three years his junior is punishable by a term of imprisonment of up to twice that authorized by subsection (1)(a) of section 1141 of this chapter, by the fine authorized by subsection (1)(a) of section 1141 of this chapter, or both. Any person who is at least 18 years of age who violates subsection (1)(a) of section 1141 of this chapter by distributing any other controlled substance listed in schedules I, II, III and IV to a person under 18 years of age who is at least three years his junior is punishable by a term of imprisonment up to twice that authorized in subsections (2)(b) or (c) of section 1141 of this chapter, by the fine authorized by subsection (2)(b) or (c) of section 1141 of this chapter, or both.
(1) Whenever any person who has not previously been convicted of any offense under this chapter or under any statute of the United States or of any state or territory relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under subsection (1) of section 1142 of this chapter the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime including the additional penalties imposed for second or subsequent convictions under section 1149 of this chapter. Discharge and dismissal under this section may occur only once with respect to any person.
(2) Upon the dismissal of such person and discharge of the proceedings against him under subsection (1) of this section, such person may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained by the court solely for the purpose of use by the courts in determining whether or not, in subsequent proceedings, such person qualifies under this section) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines after hearing that such person was dismissed and the proceedings against him discharged, it shall enter such order. The effect of such order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or indictment or information. No person as to whom such order has been entered shall be held hereafter under any provisions of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or information, or trial in response to any inquiry made of him for any purpose.
If a violation of this chapter is a violation of a Federal law or the law of another State, a conviction or acquittal under Federal law or the law of another State for the same act is not a bar to prosecution in the Trust Territory.
Cross-reference: The statutory provisions on the Executive and the President are found in title 2 of this code. The statutory provisions on the Judiciary and the FSM Supreme Court are found in title 4 of this code.