§ 32B — Class C controlled substances; unlawful manufacturer, distribution, dispensing or possession with intent to manufacture, etc.

[Text of section applicable as provided by 2018, 69, Sec. 238.]

Section 32B. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute, or dispense a controlled substance in Class C of section 31 shall be imprisoned in state prison for not more than 5 years or in a jail or house of correction for not more than 21/2 years, or by a fine of not less than $500 nor more than $5,000, or both such fine and imprisonment.

(b) Any person convicted of violating this section after 1 or more prior convictions of manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute or dispense a controlled substance as defined by section 31 under this or any prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state or territorial, which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in the state prison for not more than 10 years, a term of imprisonment in the state prison for not more than 10 years and a fine of not less than $1,000 nor more than $10,000, a term of imprisonment in a jail or house of correction for not more than 21/2 years, a term of imprisonment in a jail or house of correction for not more than 21/2 years and a fine of not less than $1,000 nor more than $10,000, or a fine of not more than $10,000.