2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter IV - Offenses and Penalties (§§ 2401 — 2415) › § 2401 - Prohibited acts (A); penalties

(a) Except as authorized by this chapter, it shall be unlawful for any person knowingly or intentionally:
(1) To manufacture, distribute, dispense, transport or conceal, or possess with the intent to manufacture, distribute, dispense, transport or conceal a controlled substance.
(2) To produce, distribute, or dispense, transport or conceal, or possess with the intent to distribute or dispense, transport or conceal an adulterated substance.
(b) Except as otherwise provided in § 2405 of this title, any person who violates subsection (a) of this section shall, upon conviction thereof, be punished as follows:
(1)
(A) In the case of a controlled substance in Schedule I or II which is a narcotic drug, such person shall be guilty of a felony, and, upon conviction thereof, shall be sentenced to imprisonment for a fixed term of twenty (20) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of thirty (30) years; should there be extenuating circumstances, it may be reduced to a minimum of ten (10) years.
The court, in its discretion, in addition to imprisonment, may impose a fine not to exceed twenty-five thousand dollars ($25,000).
If any person commits such a violation, after one (1) or more previous convictions for an offense punishable under this paragraph or for a felony under any other provision of this chapter or any law of the United States related to a narcotic drug, marihuana, or depressant or stimulant substances, are final, such person shall be guilty of a felony, and, upon conviction thereof, shall be sentenced to imprisonment for a fixed term of thirty-five (35) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of fifty (50) years; if there should be extenuating circumstances, it may be reduced to a minimum of twenty (20) years.
The court, in its discretion, in addition to the penalty of imprisonment, may impose a fine not to exceed fifty thousand dollars ($50,000).
(B) In the case of a controlled substance in Schedule I which is not a narcotic drug, such person shall be guilty of a felony, and, upon conviction, shall be sentenced to imprisonment for a fixed term of twelve (12) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of twenty (20) years; if there should be extenuating circumstances, it may be reduced to a minimum of five (5) years.
The court, in its discretion, in addition to the penalty of imprisonment, may impose a fine not to exceed twenty thousand dollars ($20,000).
If any person commits such a violation after one (1) or more previous convictions for an offense punishable under this paragraph, or for a felony under the provisions of this chapter or any law of the United States, related to narcotic drugs, marihuana, or depressant or stimulant substances, are final, such person shall be guilty of a felony, and upon conviction thereof, shall be sentenced to imprisonment for a fixed term of twenty-five (25) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of forty (40) years; if there should be extenuating circumstances, it may be reduced to a minimum of ten (10) years.
The court, in its discretion, in addition to the penalty of imprisonment, may impose a fine not to exceed thirty thousand dollars ($30,000).
(C) In the case of any controlled substance in Schedule II, which is not a narcotic drug or in the case of a controlled substance in Schedule III, such person shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for a fixed term of seven (7) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of ten (10) years; if there should be extenuating circumstances, it may be reduced to a minimum of five (5) years.
The court, in its discretion, in addition to the penalty of imprisonment, may impose a fine not to exceed fifteen thousand dollars ($15,000).
If any person commits such a violation after one (1) or more previous convictions for an offense punishable under this paragraph, or for a felony punishable under any other provision of this chapter or any other law of the United States related to narcotic drugs, marihuana, or depressant or stimulant substances, are final, such person shall be guilty of a felony, and, upon conviction thereof, shall be sentenced to imprisonment for a fixed term of fifteen (15) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of twenty (20) years; if there should be extenuating circumstances, it may be reduced to a minimum of ten (10) years.
The court, in its discretion, in addition to the penalty of imprisonment, may impose a fine not to exceed thirty thousand dollars ($30,000).
(2) In the case of a controlled substance included in Schedule IV, such person shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for a fixed term of three (3) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of five (5) years; if there should be extenuating circumstances, it may be reduced to a minimum of two (2) years.
The court, in its discretion, in addition to the penalty of imprisonment, may impose a fine not to exceed ten thousand dollars ($10,000).
If any person commits such a violation after one (1) or more previous convictions for an offense punishable under this paragraph, or for a felony under any provision of this chapter or any other law of the United States related to narcotic drugs, marihuana, or depressant or stimulant substances, are final, such person shall be guilty of a felony, and, upon conviction thereof, shall be sentenced to imprisonment for a fixed term of six (6) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of ten (10) years; if there should be extenuating circumstances, it may be reduced to a minimum of four (4) years.
The court, in its discretion, in addition to the penalty of imprisonment, may impose a fine not to exceed twenty thousand dollars ($20,000).
(3) In the case of a controlled substance in Schedule V, such person shall be guilty of a felony and, upon conviction thereof, sentenced to imprisonment for a fixed term of two (2) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of three (3) years; if there should be extenuating circumstances, it may be reduced to a minimum of one (1) year.
The court, in its discretion, in addition to the penalty of imprisonment, may impose a fine not to exceed five thousand dollars ($5,000).
If any person commits such a violation after one (1) or more previous convictions for an offense punishable under this clause, or for a felony under any other provision of this chapter or any other law of the United States related to narcotic drugs, marihuana or depressant or stimulant substances, are final, such person shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for a fixed term of four (4) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of six (6) years; if there should be extenuating circumstances, it may be reduced to a minimum of two (2) years.
The court, in its discretion, in addition to the penalty of imprisonment, may impose a fine not to exceed ten thousand dollars ($10,000).
—June 23, 1971, No. 4, p. 526, § 401; June 4, 1980, No. 109, p. 350, § 1.
History