(1) Any person who is convicted under Section 97-47-5(a) shall be guilty of a misdemeanor, punishable up to one (1) year in prison or a fine not to exceed One Thousand Dollars ($1,000.00) for the first offense or both.
(2) Any person convicted under Section 97-47-5(b) shall be guilty of a felony, punishable by a term of no less than three (3) years and no more than fifteen (15) years in the State Penitentiary or a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or both.