2413

Any person who violates the provisions of this chapter, or who conspires to commit such violation, when no specific penalty has been established for the violation or conspiracy, shall be guilty of a felony, and, upon conviction thereof, shall be sentenced, for the first offense, 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. For the second offense, he 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 six (6) years. For the third, and subsequent offenses, he shall be sentenced to imprisonment for a fixed term of thirty (30) 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 twenty

e 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 twenty (20) years.\nIn all of the above cases, the court, in its discretion, may impose the established fixed penalty of imprisonment and may also impose a fine that shall not exceed twenty thousand dollars ($20,000).\nHistory —June 23, 1971, No. 4, p. 526, § 413; June 4, 1980, No. 109, p. 350, § 1; renumbered as § 414 on Sept. 3, 1997, No. 110, § 3, eff. 30 days after Sept. 3, 1997.