Illness, Disease or Defect, or to Pregnant Persons; Distribution Near Schools or Drug Free School Zones; Penalties. (a) Any person who is at least eighteen (18) years of age who is found guilty of an offense pursuant to § 67.401.1 (a)(1) of this Chapter by distributing a substance listed in Schedule I or II as per Appendices A and B of this Chapter which is a narcotic drug to a person under eighteen (18) years of age, to a person suffering from a mental illness, disease or defect, or to a pregnant person shall be sentenced to serve, in addition to the sentence prescribed by § 67.401.4, a term of five (5) years imprisonment. Imposition or execution of such sentence shall not be suspended and probation shall not be granted. Parole or work release shall not be granted until the offender has served the additional five (5) year sentence prescribed by this Subsection. (b) Any person who is at least eighteen (18) years of age who is found guilty of an offense pursuant to § 67.401.1 (a)(1) of this Chapter by distributing a non-narcotic controlled substance listed in Schedule I or
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II as per Appendices A and B of this Chapter, or a substance listed in Schedules III, IV, or V as per Appendices C - E of this Chapter to a person under eighteen (18) years of age, to a person suffering from a mental illness, disease or defect, or to a pregnant person shall be sentenced to serve, in addition to the sentence prescribed by § 67.401.4, three (3) years of imprisonment. Imposition or execution of such sentence shall not be suspended and probation shall not be granted. Parole or work release shall not be granted until the offender has served the additional three (3) year sentence prescribed by this Subsection. (c) Any person who is found guilty of an offense pursuant to § 67.401.1(a)(1) of this Chapter by distributing a substance listed in Schedule I or II as per Appendices A and B of this Chapter, which is a narcotic drug, in or on a school, or within the Drug Free School Zone as defined herein, shall be sentenced to serve, in addition to the sentence prescribed by § 67.401.4 of this Chapter, a term of five (5) years imprisonment. Imposition or execution of such sentence shall not be suspended and probation shall not be granted. Parole or work release shall not be granted until the offender has served the additional five (5) years prescribed by this Subsection. (d) Any person who is found guilty of an offense pursuant to § 67.401.1(a)(1) of this Chapter by distributing any non-narcotic controlled substance listed in Schedule I or II as per Appendices A and B of this Chapter or a substance listed in Schedules III, IV, or V as per Appendices C-E of this Chapter, in or on a school, or within the Drug Free School Zone as defined herein, shall be sentenced to serve, in addition to the sentence prescribed by § 67.401.4 of this Chapter, a term of three (3) years imprisonment. Imposition or execution of such sentence shall not be suspended and probation shall not be granted. Parole or work release shall not be granted until the offender has served the additional three (3) years prescribed by this Subsection. (e) It is not a defense to a violation of Subsections (a) and (b) that the accused did not know the age of an individual to whom a controlled substance was distributed. (f) It is not a defense to a violation of Subsections (c) or (d) that the accused did not know the distance involved. SOURCE: Subsections (c) and (d) amended by P.L. 26-125:6 (Sept. 4, 2002). Amended by P.L. 31-113:1 (Sept. 30, 2011).