45-9-102. Criminal possession of dangerous drugs. (1) Except as provided in Title 16, chapter 12, 50-32-609, or Title 50, chapter 46, a person commits the offense of criminal possession of dangerous drugs if the person possesses any dangerous drug, as defined in 50-32-101, [in an amount] greater than permitted or for which a penalty is not specified under Title 16, chapter 12.
(2) A person convicted of criminal possession of dangerous drugs shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $5,000, or both.
(3) A person convicted of a first violation under this section is presumed to be entitled to a deferred imposition of sentence of imprisonment.
(4) Ultimate users and practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice are exempt from this section.