§ 16-124-102. Definitions

As used in this chapter:

1. (1) “Illegal drug” means a drug whose distribution is a violation of the Uniform Controlled Substances Act, § 5-64-101 et seq.;

2. (2) “Illegal drug market” means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user;

3. (3) “Illegal drug market target community” means the area described under § 16-124-109;

4. (4) “Individual drug user” means the individual whose illegal drug use is the basis of an action brought under this chapter;

5. (5) “Level four offense” means:

   1. (A) Possession of sixteen ounces (16 ozs.) or more, or distribution of four ounces (4 ozs.) or more, of a specified illegal drug; or

   2. (B) Possession of sixteen pounds (16 lbs.) or more or one hundred (100) plants or more, or distribution of ten pounds (10 lbs.) or more, of marijuana;

6. (6) “Level one offense” means:

   1. (A) Possession of one-quarter ounce (.25 oz.) or more but less than four ounces (4 ozs.), or distribution of less than one ounce (1 oz.), of a specified illegal drug; or

   2. (B) Possession of one pound (1 lb.) or twenty-five (25) plants or more but less than four pounds (4 lbs.) or fifty (50) plants, or distribution of less than one pound (1 lb.), of marijuana;

7. (7) “Level three offense” means:

   1. (A) Possession of eight ounces (8 ozs.) or more but less than sixteen ounces (16 ozs.), or distribution of two ounces (2 ozs.) or more but less than four ounces (4 ozs.), of a specified illegal drug; or

   2. (B) Possession of eight pounds (8 lbs.) or more or seventy-five (75) plants or more but less than sixteen pounds (16 lbs.) or one hundred (100) plants, or distribution of more than five pounds (5 lbs.) but less than ten pounds (10 lbs.), of marijuana;

8. (8) “Level two offense” means:

   1. (A) Possession of four ounces (4 ozs.) or more but less than eight ounces (8 ozs.), or distribution of one ounce (1 oz.) or more but less than two ounces (2 ozs.), of a specified illegal drug; or

   2. (B) Possession of four pounds (4 lbs) or more or fifty (50) plants or more but less than eight pounds (8 lbs.) or seventy-five (75) plants, or distribution of more than one pound (1 lb.) but less than ten pounds (10 lbs.), of marijuana;

9. (9)

   1. (A) “Participate in the illegal drug market” means to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing and distribution of, an illegal drug.

   2. (B) “Participate in the illegal drug market” does not include the purchase or receipt of an illegal drug for personal use only;

10. (10)

    1. (A) “Period of illegal drug use” means, in relation to the individual drug user, the time of first use by an individual drug user of an illegal drug to the accrual of the cause of action.

    2. (B) The period of illegal drug use is presumed to commence two (2) years before the cause of action accrues, unless the defendant proves otherwise by clear and convincing evidence;

11. (11) “Person” means an individual, a governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country;

12. (12) “Place of illegal drug activity” means, in relation to the individual drug user, each county in which the individual drug user possesses or uses an illegal drug or in which the individual drug user resides, attends school, or is employed during the period of the illegal drug use of the individual drug user, unless the defendant proves otherwise by clear and convincing evidence;

13. (13) “Place of participation” means, in relation to a defendant in an action brought under this chapter, each county in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the participation in the illegal drug market by the person; and

14. (14) “Specified illegal drug” means cocaine, heroin, or methamphetamine, and any other drug the distribution of which is a violation of state law.