PC §602(D) - SALE OF A CONTROLLED SUBSTANCE (SCHEDULE III > SCHEDULE IV)

CLASS A MISDEMEANOR

(a) Definition

Sale of a low level controlled substance is the act of knowingly and intentionally transferring or delivering a controlled substance to another person in exchange for money, goods, services, or other consideration without a valid medical license to sell.

Types of Low Level Controlled Substances

Controlled substances may include, but are not limited to, the following categories:

  1. Cannabis: Marijuana, hashish, and cannabis concentrates.

  2. Prescription medications: Controlled substances available only with a valid prescription, such as painkillers, tranquilizers, and stimulants.

(b) Elements of the Offense

The following elements must be met to constitute sale of a controlled substance:

  1. The defendant knowingly and intentionally transferred or delivered a controlled substance to another person.

  2. The transfer or delivery occurred in exchange for money, goods, services, or other consideration.

  3. The defendant acted willfully and knowingly with the intent to engage in the sale or distribution of the controlled substance.

(c) Defenses

  • (a) It shall be a defense to a charge of inciting to riot if the defendant can prove that their speech, conduct, or communication was protected by the First Amendment to the United States Constitution or similar provisions of state constitutions, or if they can demonstrate that their actions were not intended to incite violence or disorder.

  • (b) Lack of knowledge of the riotous nature of the conduct or absence of intent to cause a riot may also serve as defenses if proven by the defendant.

(d) Aggravating Factors

Aggravating factors such as the extent of incitement, the resulting harm or damage caused by the riot, prior convictions for similar offenses, or incitement during times of social or political upheaval may result in enhanced penalties as determined by the court.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

100 SECONDS OF JAIL TIME.

BOND SET

$10,000.00

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