Controlled Substances

Criminal Sale of a Controlled Substance

There are five degrees of Criminal Sale of a Controlled Substance. The degree is determined by elements such as the amount and the nature of the controlled substance, and whether there is a particular earlier conviction.

Fifth Degree • D Felony

Knowingly and unlawfully selling any amount of any controlled substance.

Fourth Degree • C Felony

Knowingly and unlawfully selling:

  • Any amount of a narcotic preparation,
  • 10 ounces or more of a dangerous depressant,
  • 2 pounds or more of a depressant,
  • Any amount of concentrated cannabis,
  • 50 milligrams or more of PCP, or any amount with a previous drug conviction,
  • Any amount of methadone,
  • 4,000 milligrams or more of ketamine,
  • 28 grams or more of GHB, or
  • Any amount of any controlled substance on school grounds or on a school bus.

Third Degree • B Felony

Knowingly and unlawfully selling:

  • Any amount of a narcotic drug,
  • 1 gram or more of a stimulant, or any amount with a previous drug conviction,
  • 5 milligram or more of LSD, or any amount with a previous drug conviction,
  • 25 milligrams or more of a hallucinogen, or any amount with a previous drug conviction,
  • 1 gram or more of a hallucinogenic substance, or any amount with a previous drug conviction, or
  • 250 milligrams or more of PCP.

Second Degree • A-II Felony

Knowingly and unlawfully selling:

  • .5 ounces or more of a narcotic drug,
  • .5 ounces or more of methamphetamine,
  • 5 grams or more of a stimulant,
  • 5 milligrams or more of LSD,
  • 25 milligrams or more of a hallucinogen,
  • 5 grams or more of a hallucinogenic substance, or
  • 360 milligrams or more of methadone.

First Degree • A-I Felony

Knowingly and unlawfully selling:

  • 2 ounces or more of a narcotic drug, or
  • 2,880 milligrams or more of methadone.