§712-1240.7 - Methamphetamine trafficking in the first degree.
[§712-1240.7] Methamphetamine trafficking
in the first degree. (1) A person commits the offense of methamphetamine
trafficking in the first degree if the person knowingly:
(a) Possesses one or more preparations, compounds,
mixtures, or substances of an aggregate weight of one ounce or more containing
methamphetamine or any of its salts, isomers, and salts of isomers;
(b) Distributes one or more preparations, compounds,
mixtures, or substances of an aggregate weight of one‑eighth ounce or
more containing methamphetamine or any of its salts, isomers, and salts of
isomers;
(c) Distributes methamphetamine in any amount to a
minor; or
(d) Manufactures methamphetamine in any amount.
(2) Methamphetamine trafficking in the first
degree is a class A felony for which the defendant shall be sentenced as
provided in subsection (3).
(3) Notwithstanding sections 706-620(2),
706-640, 706-641, 706-659, 706-669, and any other law to the contrary, a person
convicted of methamphetamine trafficking in the first degree shall be sentenced
to an indeterminate term of imprisonment of twenty years with a mandatory
minimum term of imprisonment of not less than two years and not greater than
eight years and a fine not to exceed $20,000,000; provided that:
(a) If the person has one prior conviction for
methamphetamine trafficking pursuant to this section or section 712-1240.8, the
mandatory minimum term of imprisonment shall be not less than six years, eight
months and not greater than thirteen years, four months;
(b) If the person has two prior convictions for
methamphetamine trafficking pursuant to this section or section 712-1240.8, the
mandatory minimum term of imprisonment shall be not less than thirteen years,
four months and not greater than twenty years; or
(c) If the person has three or more prior convictions
for methamphetamine trafficking pursuant to this section or section 712-1240.8,
the mandatory minimum term of imprisonment shall be twenty years. [L 2006, c
230, pt of §4]