(a) Except as authorized by Cherokee Law, any person who sells, manufactures, delivers,
transports or possesses in excess of the following amounts of controlled substances
shall be guilty of "trafficking," and shall be punished with a class A penalty:
| i. |
Marijuana
|
more than 3 pounds
|
| ii. |
Methaqualone |
more than 125 dosage units
|
| iii. |
Cocaine |
more than 3 grams |
| iv. |
Methamphetamine/amphetamine |
more than 3 grams |
| v. |
Opiate or heroin |
more than 2 grams |
| vi. |
Lysergic acid diethylamide |
more than 10 dosage units |
| vii. |
MDA/MDMA |
more than 4 grams or 10 dosage units |
(b) The controlled substances listed in this section includes the controlled substance
named and any salt, isomer, salts of isomers, compound, derivative, or preparation
thereof, or any leaves and any salt, isomer, salts of isomers, compound, derivative,
or preparation of leaves, stems, seeds, buds or any part of any plant named, and any
salt, isomer, salts of isomers, compound, derivative or preparation thereof which
is chemically equivalent or identical with any of these substances (except leaves
or any extraction of leaves which does not contain the controlled substance) or any
mixture containing such substances. The term "dosage units," used in this section
shall include tablets, capsules, or dosage units as appropriate.
(c) No person convicted under this section shall be allowed to enter the territory of
the Eastern Band of Cherokee Indians until permitted by Tribal Council. Prior to release
from custody, any person convicted of an offense under this section, shall receive
a hearing before tribal council to determine the term, if any, of exclusion.
