6.611 — TRAFFICKING OF A CONTROLLED SUBSTANCE (SCHEDULE III & SCHEDULE IV)

Violations of "Statute 6.611" results in a Class D Felony

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(a) Definitions

Trafficking of a controlled substance (Schedule III & Schedule IV) refers to the unlawful manufacture, distribution, or possession with intent to distribute controlled substances classified under Schedule III and Schedule IV. These substances are considered less potent or dangerous than Schedule I and II substances but still have a high potential for abuse and are regulated by law. Common examples of Schedule III and IV substances include anabolic steroids, ketamine, benzodiazepines (e.g., Xanax, Ativan), and certain barbiturates. This offense involves trafficking in quantities that suggest the intent to distribute, rather than for personal use.

(b) Elements

To establish the offense of trafficking a controlled substance (Schedule III & IV), the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant knowingly and intentionally manufactured, distributed, or possessed a controlled substance.

2. The controlled substance was classified under Schedule III or Schedule IV of the applicable controlled substances law (e.g., anabolic steroids, ketamine, benzodiazepines, barbiturates).

3. The defendant possessed a quantity of the controlled substance that exceeds personal use, indicating an intent to distribute or traffic.

4. The defendant had knowledge or reason to know that the substance was regulated under controlled substances laws and was illegal to traffic.

5. The defendant's actions were part of a broader trafficking operation or intended to significantly affect the distribution of the controlled substance within the community.

(c) Defenses

Defenses against a charge of trafficking a controlled substance (Schedule III & IV) may include:

1. The defendant did not possess, transport, or distribute the controlled substance, and the evidence does not support their involvement.

2. The defendant was unaware that the substance in their possession was classified as a controlled substance or was illegal to traffic.

3. The defendant was coerced, threatened, or under duress to engage in trafficking activities.

4. The defendant did not have the intent to distribute the substance and was instead possessing it for personal use.

5. The defendant's rights were violated during the investigation, such as through an unlawful search or seizure, leading to the exclusion of evidence.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

1. The trafficking involved large quantities of the controlled substance, indicating a higher level of involvement in drug trafficking.

2. The defendant used transportation across state lines, borders, or internationally, potentially elevating the charge to a federal crime.

3. The trafficking operation involved particularly dangerous or destructive means, such as using firearms, explosives, or other weapons during the trafficking activities.

4. The defendant was found in possession of tools commonly associated with trafficking, such as scales, packaging materials, large amounts of cash, or drug paraphernalia.

5. The defendant trafficked substances specifically to minors, within schools, or in locations known to be frequented by vulnerable populations, which could increase the severity of the offense.

6. The defendant has prior convictions for similar drug offenses, suggesting a pattern of behavior.