Section 5-64-419 - Possession of a controlled substance(a) Except as provided by this chapter, it is unlawful for a person to possess a controlled substance.(b) A person who violates this section with respect to:(1) A Schedule I or Schedule II controlled substance that is methamphetamine, heroin, or cocaine with an aggregate weight, including an adulterant or diluent, of: (A) Less than two grams (2g) upon conviction is guilty of a Class D felony;(B) Two grams (2g) or more but less than ten grams (10g) upon conviction is guilty of a Class C felony; or(C) Ten grams (10g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;(2) A Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine with an aggregate weight, including an adulterant or diluent, of: (A) Less than two grams (2g) upon conviction is guilty of a Class D felony;(B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class C felony; or(C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;(3) A Schedule III controlled substance with an aggregate weight, including an adulterant or diluent, of:(A)(i) Less than two grams (2g) upon conviction is guilty of a Class A misdemeanor.(ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c), upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(3)(A)(i) of this section;(B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class D felony;(C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class C felony; or(D) Two hundred grams (200g) or more but less than four hundred grams (400g) upon conviction is guilty of a Class B felony;(4) A Schedule IV or Schedule V controlled substance with an aggregate weight, including an adulterant or diluent, of: (A)(i) Less than twenty-eight grams (28g) upon conviction is guilty of a Class A misdemeanor.(ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c), upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(4)(A)(i) of this section;(B) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class D felony;(C) Two hundred grams (200g) or more but less than four hundred grams (400g) upon conviction is guilty of a Class C felony; or(D) Four hundred grams (400g) or more but less than eight hundred grams (800g) upon conviction is guilty of a Class B felony; or(5) A Schedule VI controlled substance with an aggregate weight, including an adulterant or diluent, of: (A) Less than four ounces (4 oz.) upon conviction is guilty of a Class A misdemeanor;(B) One ounce (1 oz.) or more but less than four ounces (4 oz.) and the person has four (4) previous convictions under this section or the former § 5-64-401(c) upon conviction is guilty of a Class D felony;(C) Four ounces (4 oz.) or more but less than ten pounds (10 lbs.) upon conviction is guilty of a Class D felony;(D) Ten pounds (10 lbs.) or more but less than twenty-five pounds (25 lbs.) upon conviction is guilty of a Class C felony;(E) Twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) upon conviction is guilty of a Class B felony; or(F) One hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) upon conviction is guilty of a Class A felony.(c) If a person possesses a controlled substance in violation of this section while the person is an inmate in a state criminal detention facility, county criminal detention facility, city criminal detention facility, or juvenile detention facility, the penalty for the offense is increased to the next higher classification as prescribed by law for the offense.Amended by Act 2021, No. 887,§ 2, eff. 7/28/2021.Amended by Act 2013, No. 529,§ 1, eff. 8/16/2013. Acts 2011, No. 570, § 44.