A. 
A person commits the offense of possession of controlled substances if he or she knowingly possesses, consumes, uses or cultivates any marijuana, narcotic drug or other substances, including methamphetamine; any substance containing opium, COCA leaves, any opiate or any substance, compound or derivative thereof; any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to above but not including the isoquinoline alkaloids of opium; or who shall inhale the fumes of any gasoline, airplane glue, gas aerosols or solvents or any other similar noxious substance for the purposes of producing intoxication.
B. 
For purposes of this chapter, the term "controlled substances" include any gasoline, airplane glue or any other similar noxious substance in the possession of the offender for the purposes of producing intoxication, hallucination or euphoria.
C. 
A person who violates this section is guilty of a crime as follows:
(1) 
For a first offense, a Class B misdemeanor.
(2) 
For a second offense following a prior conviction under this section, a Class A misdemeanor.
(3) 
For a third offense following two prior convictions under this section, a felony.
D. 
If the prosecutor intends to seek an enhanced sentence based upon the defendant having one or more prior convictions, the prosecutor shall include on the complaint and information a statement listing the prior tribal conviction or convictions. The existence of the defendant's prior conviction(s) shall be determined by the Court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, one or more of the following:
(1) 
A copy of the judgment of conviction.
(2) 
A transcript of a prior trial, plea-taking or sentencing.
(3) 
Information contained in a pre-sentence report.
(4) 
The defendant's statement.
A. 
A person commits the offense of possession of precursors to controlled substances if he or she possesses any of the following substances or combinations of the following and is shown by evidence admissible in a court of law to possess them with the intent of manufacturing methamphetamine.
B. 
Definition. As used in this section, the following terms shall have the meanings indicated:
PRECURSOR
(1) 
The principal compound commonly used or produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of methamphetamine, the control of which is necessary to prevent, curtail or limit manufacture. Suspect precursors include:
(a) 
Phenyl-2 propanone (phenylacetone);
(b) 
Piperidine in conjunction with cyclohexanone;
(c) 
Ephedrine (methamphetamine precursor);
(d) 
Lead acetate;
(e) 
Methylamine;
(f) 
Methylformamide;
(g) 
N-methylephedrine;
(h) 
Phenylpropanolamine;
(i) 
Pseudoephedrine;
(j) 
Anhydrous ammonia;
(k) 
Hydriodic acid;
(l) 
Red phosphorus;
(m) 
Iodine in conjunction with ephedrine, pseudoephedrine, or red phosphorus;
(n) 
Lithium in conjunction with anhydrous ammonia;
(o) 
Hydrochloric acid;
(p) 
Ether;
(q) 
Freon;
(r) 
Methanol;
(s) 
Sodium hydroxide (lye); and
(t) 
Sulfuric acid.
(2) 
Possession of precursors to the manufacture of methamphetamine is a felony.
A. 
A person commits the offense of sale or furnishing of controlled substances if he or she knowingly possesses, manufactures, transports, cultivates, sells, furnishes or trades in any marijuana, narcotic drug or other substances, including methamphetamine; any substance containing opium, coca leaves, any opiate or any substance, compound or derivative thereof; any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to above, but not including the isoquinoline alkaloids of opium, or any other similar noxious substance, for the purposes of manufacturing, selling or furnishing a controlled substance to others.
B. 
For purposes of this chapter, the term "controlled substances" include any gasoline, airplane glue or any other similar noxious substance in the possession of the offender for the purposes of producing intoxication, hallucination or euphoria.
(1) 
A person who violates this section is guilty of a crime as follows:
(a) 
For a first offense, a Class A misdemeanor.
(b) 
For a second offense following a prior conviction under this section, a felony.
(2) 
If the prosecutor intends to seek an enhanced sentence based upon the defendant having one or more prior convictions, the prosecutor shall include on the complaint and information a statement listing the prior tribal conviction or convictions. The existence of the defendant's prior conviction(s) shall be determined by the Court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, one or more of the following:
(a) 
A copy of the judgment of conviction.
[1] 
A transcript of a prior trial, plea-taking or sentencing.
[2] 
Information contained in a pre-sentence report.
[3] 
The defendant's statement.