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Title 7 — Controlled Substances
Title 7 — CONTROLLED SUBSTANCES
Chapter 1: General Provisions
Section 701 Enforcement and Charging Discretion#
- (a) This Title shall be enforced consistent with constitutional protections and public safety.
- (b) A peace officer may consider warnings, diversion, medical transport, or referral to treatment when circumstances warrant and public safety is not materially endangered.
- (c) Nothing in this Title limits prosecutorial discretion to charge, reduce, or dismiss offenses in the interests of justice.
Chapter 2: Possession and Personal Use
Section 721 Possession of a Controlled SubstanceMISDEMEANOR#
- (a) Possessing a controlled substance.
- (b) Penalties:
- (1) Fine: $2,500 to $7,500
- (2) Imprisonment: 5 to 15 minutes
Section 722 Possession of a Controlled Substance With Intent to DistributeFELONY#
- (a) Possessing a controlled substance in a quantity or manner consistent with distribution.
- (b) Penalties:
- (1) Fine: $25,000 to $75,000
- (2) Imprisonment: 20 to 45 minutes
Section 723 Public Use of a Controlled SubstanceMISDEMEANOR#
- (a) Using a controlled substance in a public place.
- (b) Penalties:
- (1) Fine: $2,000 to $6,000
- (2) Imprisonment: 5 to 12 minutes
Section 724 Possession of Drug ParaphernaliaINFRACTION#
- (a) Possessing equipment or materials primarily used to ingest, prepare, package, or conceal a controlled substance.
- (b) Penalties:
- (1) Fine: $500 to $1,500
- (2) Imprisonment: 0 to 2 minutes
Chapter 3: Manufacturing, Cultivation, and Processing
Section 731 Unlawful Manufacturing or Processing of a Controlled SubstanceFELONY#
- (a) Manufacturing, compounding, converting, producing, or processing a controlled substance.
- (b) Penalties:
- (1) Fine: $75,000 to $175,000
- (2) Imprisonment: 35 to 60 minutes
Section 732 Unlawful Cultivation of a Controlled SubstanceFELONY#
- (a) Cultivating or growing a controlled substance.
- (b) Penalties:
- (1) Fine: $25,000 to $100,000
- (2) Imprisonment: 20 to 50 minutes
Section 733 Possession of Manufacturing MaterialsMISDEMEANOR#
- (a) Possessing specialized materials or equipment in a manner consistent with unlawful manufacturing or cultivation.
- (b) Penalties:
- (1) Fine: $5,000 to $12,500
- (2) Imprisonment: 10 to 20 minutes
Chapter 4: Distribution, Sale, and Trafficking
Section 741 Distribution of a Controlled SubstanceFELONY#
- (a) Selling, furnishing, transporting for sale, or otherwise distributing a controlled substance.
- (b) Penalties:
- (1) Fine: $50,000 to $150,000
- (2) Imprisonment: 30 to 60 minutes
Section 742 Drug TraffickingFELONY#
- (a) Distributing or transporting a controlled substance as part of a sustained or large-scale operation.
- (b) Penalties:
- (1) Fine: $100,000 to $250,000
- (2) Imprisonment: 45 to 75 minutes
Section 743 Distribution to a MinorFELONY#
- (a) Distributing a controlled substance to a minor.
- (b) Penalties:
- (1) Fine: $125,000 to $250,000
- (2) Imprisonment: 60 to 90 minutes
Section 744 Maintaining a Drug PremisesFELONY#
- (a) Maintaining a place for the purpose of manufacturing, storing for distribution, or distributing a controlled substance.
- (b) Penalties:
- (1) Fine: $50,000 to $150,000
- (2) Imprisonment: 35 to 60 minutes
Chapter 5: Organized Operations and Related Conduct
Section 751 Organized Narcotics OperationFELONY#
- (a) Committing an offense under this Title as part of an organized group acting in concert to manufacture, distribute, or traffic controlled substances.
- (b) Penalties:
- (1) Fine: $150,000 to $350,000
- (2) Imprisonment: 60 to 90 minutes
Section 752 Use of a Minor in a Narcotics OffenseFELONY#
- (a) Directing, recruiting, coercing, or using a minor to commit or facilitate an offense under this Title.
- (b) Penalties:
- (1) Fine: $150,000 to $350,000
- (2) Imprisonment: 60 to 90 minutes
Section 753 Drug Distribution Resulting in Overdose InjuryFELONY#
- (a) Distributing a controlled substance that results in serious bodily injury to another person.
- (b) Penalties:
- (1) Fine: $150,000 to $300,000
- (2) Imprisonment: 60 to 90 minutes
Chapter 6: Asset Seizure and Forfeiture (Procedural)
Section 761 Seizure Authority (Controlled Substances)#
- (a) A peace officer may seize controlled substances, drug paraphernalia, and instrumentalities reasonably believed to be used in the commission of an offense under this Title, consistent with constitutional and statutory search-and-seizure requirements.
- (b) A peace officer may seize currency and other property reasonably believed to be proceeds of an offense under this Title, consistent with constitutional and statutory search-and-seizure requirements.
Section 762 Criminal Forfeiture Upon Conviction#
- (a) Upon conviction of an offense under this Title, the court may order forfeiture of controlled substances, paraphernalia, instrumentalities used in the offense, and proceeds of the offense.
- (b) The court may order restitution to identifiable victims prior to distribution of forfeited proceeds to the State.
- (c) The court may deny forfeiture, or limit forfeiture, where forfeiture would be grossly disproportionate to the offense or would materially impair an innocent owner’s lawful interest.
Section 763 Return of Property#
- (a) A person claiming lawful entitlement to seized property may petition the court for return of property.
- (b) The court may order return, partial return, or continued retention pending adjudication, and may impose reasonable conditions to preserve evidence.
Chapter 7: Enhancements
Section 770 Deadly Weapon EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: The offense is committed while armed with or using a deadly weapon.
- (c) Additional Penalties:
- (1) Additional Fine: $10,000 to $20,000
- (2) Additional Imprisonment: 10 to 20 minutes
Section 771 Serious Bodily Injury EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: The offense results in serious bodily injury.
- (c) Additional Penalties:
- (1) Additional Fine: $15,000 to $30,000
- (2) Additional Imprisonment: 15 to 30 minutes
Section 772 Vulnerable Victim EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: The victim is elderly, disabled, a minor, or a public official.
- (c) Additional Penalties:
- (1) Additional Fine: $10,000 to $25,000
- (2) Additional Imprisonment: 10 to 20 minutes
Section 773 Repeat Offender EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: The defendant has a prior conviction for an offense under this Title within 30 days.
- (c) Additional Penalties:
- (1) Second offense: Fine and imprisonment increased by 50%
- (2) Third offense: Fine and imprisonment increased by 100%
- (3) Fourth and subsequent: Fine and imprisonment increased by 200%