Any person who agrees, consents to, negotiates or in any other way offers any of the controlled substances included in Schedules I to V, for sale, delivery, use or gift and later deceitfully sells, gives, delivers, transfers or administers any other substance, material or liquid pretending that said substance is the object of the transaction, shall be guilty of a felony, and, upon conviction thereof, shall be sentenced to imprisonment for a fixed term of six (6) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of ten (10) years; if there should be extenuating circumstances, it may be reduced to a minimum of four (4) years. This section shall be applicable to any person whether authorized to carry out the transaction or not.
Any person who is in the legal trade, due to being authorized to make the transaction, who agrees, consents to, negotiates or in any other way offers for sale, delivery, use or gift any of the controlled substances included in Schedules I to V, which is adulterated, shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for a fixed term of six (6) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of ten (10) years; if there should be extenuating circumstances, it may be reduced to a minimum of four (4) years.
For the purposes of this section, an adulterated substance is one whose original strength, quality or purity is or has been affected or altered by the addition of any substance or chemical, physical or biological agent, whether the substance or agent is alien to the original formula or not.
History —June 23, 1971, No. 4, p. 526, § 410; June 22, 1975, No. 52, p. 118, § 6; June 4, 1980, No. 109, p. 350, § 1.