Criminal Sale of a Controlled Substance in the 5th degree is a class D felony. You can be charged with this anytime you knowingly and unlawfully sell a controlled substance. Weights and type of drug is irrelevant here. If the drug fits the definition of a controlled substance, you may be charged with this offense. You face up to 2½ years in a state correctional facility with an additional 1 year of post-release supervision. Your prison term could involve CASAT or SHOCK. You could serve up to 1 year in local jail, or probation for up to 5 years. You may also be sentenced to take part in Judicial Diversion or another Drug Court program. Your driver’s license and registration may be suspended for 6 months. You may also be fined up to $5,000 or ordered to pay restitution and other fees.