6.613 — SALE OF A CONTROLLED SUBSTANCE (SCHEDULE III & SCHEDULE IV)

Violations of "Statute 6.613" results in a Class A Misdemeanor

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(a) Definitions

The sale of a controlled substance (Schedule III & Schedule IV) refers to the unlawful distribution, delivery, or exchange of substances classified under Schedule III or Schedule IV of the controlled substances law. These substances are considered to have a moderate to low potential for abuse and have accepted medical uses. Schedule III substances include certain prescription medications like anabolic steroids and ketamine, while Schedule IV substances include drugs like Xanax, Ativan, and Valium. The offense involves selling these substances to another person or entity, either for personal use or for further distribution.

(b) Elements

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

1. The defendant knowingly and intentionally sold, distributed, or delivered a controlled substance classified as Schedule III or Schedule IV.

2. The controlled substance was in the defendant's possession at the time of the sale, and the defendant knew or had reason to know that the substance was regulated under controlled substances laws.

3. The sale was made to another person, group, or entity, either for personal use or for resale or distribution.

4. The defendant’s actions were part of an illicit drug transaction, intending to further the unlawful distribution or use of the substance.

5. The defendant had the necessary intent to engage in the sale of the controlled substance, and the sale occurred with knowledge that the substance was illegal to distribute.

(c) Defenses

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

1. The defendant did not sell, distribute, or deliver the controlled substance, and the evidence does not support the involvement in the transaction.

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

3. The sale or exchange was conducted under duress or coercion, and the defendant had no intent to commit the crime voluntarily.

4. The defendant was entrapped by law enforcement officers or agents, leading to the unlawful sale under manipulated circumstances.

5. The substance sold was not a controlled substance, and the sale was misinterpreted or falsely attributed to the defendant.

(d) Aggravating Factors

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

1. The sale involved a large quantity of the controlled substance, indicating a higher level of involvement in the illicit drug trade.

2. The defendant sold the controlled substance to minors, schools, or in places where vulnerable populations are often present, which could increase the severity of the charge.

3. The defendant used transportation across state lines, borders, or internationally, which may escalate the offense to federal charges.

4. The defendant had a history of prior drug offenses or was involved in a broader drug trafficking operation, suggesting a pattern of illegal activity.

5. The defendant engaged in the sale using violence, threats, or intimidation to complete the transaction, which may lead to additional charges or increased penalties.

6. The defendant's actions were