(a) It is unlawful for any person knowingly or intentionally to possess a controlled substance, unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Act.
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(b) Any person who violates Subsection (a) with respect to any controlled substance shall be guilty of a felony of the third degree. (c) A person who commits a crime under 9 GCA §§ 67.401.2(b)(2) or (3) within the Drug-Free School Zone shall be guilty of a misdemeanor. (d) A person who commits a crime under §§ 67.401.1 or 67.401.2(b)(1) within the Drug-Free School Zone shall be guilty of the same class of felony had the offense been committed outside the Drug-Free School Zone. (e) A person who knowingly fails to report any violation of this Chapter within the Drug Free-School Zone is guilty of a misdemeanor. SOURCE: Subsections (c), (d) and (e) were added by P.L. 26-125:4 (Sept. 4, 2002) with a sunset provision of Sept. 30, 2004. Subsections (c), (d) and (e) permanently added by P.L. 28-105:1 (April 14, 2006). Subsection (b) amended by P.L. 35-005:5 (April 4, 2019). 2021 NOTE: Prior to its amendment by P.L. 35-005:5 (April 4, 2019), subsection (b) stated in its entirety: (b) Any person who violates Subsection (a) with respect to: (1) any controlled substance except marijuana shall be guilty of a felony of the third degree. (2) more than one (1) ounce of marijuana shall be guilty of a petty misdemeanor. (3) one (1) ounce or less of marijuana shall be guilty of a violation and punished by a fine of One Hundred Dollars ($100.00). Subsection (b) was amended by P.L. 35-005 and subitems (b)(1), (2), and (3) were repealed. However, P.L. 35-005 did not amend subsections (c) and (d). Consequently, subsection (c) still refers to (b)(2) and (3) even though these subitems have been repealed; and subsection (d) still refers to (b)(1) even though this subitem has been repealed.