(1) Except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (prohibited controlled substance acts generally) to 475.980 (affirmative precursor substance defense), it is unlawful for anyone to manufacture or deliver a controlled substance. Anyone violating this subsection is guilty of:

(a) F(a): schedule 1 controlled substance except as otherwise provided in:

• 475.886 (unlawful manufacturing of methamphetamine)

• 475.890 (unlawful delivery of methamphetamine)

(b) F(b): schedule 2 controlled substance except as otherwise provided in:

• 475.878 (unlawful manufacturing of cocaine within 1000ft of a school)

• 475.880 (delivery of cocaine)

• 475.882 (delivery within 1000ft of school of cocaine)

• 475.904 (unlawful manufacturing or delivery of a controlled substance within 1,000 feet of school)

• 475.906 (distribution of controlled substance to minor)

(c) F(c): schedule 3 controlled substance except as otherwise provided in:

• 475.904 (unlawful manufacturing or delivery of a controlled substance within 1,000 feet of school)

• 475.906 (distribution of controlled substance to minor)

(d) M(b): schedule 4 controlled substance

(e) M(c): schedule 5 controlled substance

(2) Except as authorized in 475.005 (Definitions) to 475.285 (Short title) & 475.752 (prohibited controlled substance acts generally) to 475.980 (affirmative precursor substance defense), it is unlawful for anyone to create or deliver a counterfeit substance. Anyone violating this subsection is guilty of:

(a) F(a): schedule 1 counterfeit substance

(b) F(b): schedule 2 counterfeit substance

(c) F(c): schedule 3 counterfeit substance

(d) M(b): schedule 4 counterfeit substance

(e) M(c): schedule 5 counterfeit substance

(3) It is unlawful for anyone knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to a valid prescription or order of a practitioner while acting in the course of professional practice, or except as otherwise authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (prohibited controlled substance acts generally) to 475.980 (affirmative defense...). Anyone violating this subsection is guilty of:

(a) M(drug): schedule 1 controlled substance, except as otherwise provided in:

• 475.854 (unlawful possession of heroin)

• 475.874 (unlawful possession of mdma)

• 475.894 (unlawful possession of methamphetamine) OR

• (7) below

(b) M(drug): schedule 2 controlled substance, except as otherwise provided in:

• 475.824 (unlawful possession of methadone)

• 475.834 (unlawful possession of oxycodone)

• 475.884 (unlawful possession of cocaine) OR

• (8) below

(c) M(drug): schedule 3 controlled substance

(d) M(drug): schedule 4 controlled substance

(e) V: schedule 5 controlled substance

(4) It is an affirmative defense in any prosecution under this section for manufacture, possession or delivery of the plant of the genus Lophophora commonly known as peyote that the peyote is being used or is intended for use:

(a) in connection with the good faith practice of a religious belief

(b) as directly associated with a religious practice AND

(c) in a manner that is not dangerous to the health of the user or others who are in the proximity of the user

(5) the affirmative defense created in paragraph (4) is not available to any person who has possessed or delivered the peyote while incarcerated in a correctional facility in this state

(6)(a) F(c): regardless of paragraph (1), anyone who unlawfully manufactures or delivers a controlled substance in schedule 4 & who thereby causes the death to another person

(b) for purposes of this paragraph, causation is established when the controlled substance plays a substantial role in the death of the other person

(7) Regardless of paragraph (3)(a):

(a) M(a):Unlawful possession of a controlled substance in schedule 1 is a Class A misdemeanor if the person possesses:

(A) forty (40) or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide OR

(B) Twelve (12) grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin.

(b) F(b):Unlawful possession of a controlled substance in schedule 1 is a Class B felony if:

(A) The possession is a commercial drug offense OR

(B) The person possesses a substantial quantity

(8) Regardless of paragraph (3)(b):

(a) M(a): Unlawful possession of a schedule 2 controlled substance if the person possesses one (1) gram or more or five (5)or more user units of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy

(b) F(c): Unlawful possession of a schedule 2 controlled substance if:

(A) The possession is a commercial drug offense OR

(B) The person possesses a substantial quantity