Tribe: Paiute-Shoshone Tribe of the Fallon Reservation and Colony
5-70-015 Public Intoxication. (a) Any person appearing in a public or private place other than their own home or place of
business apparently under the influence of intoxicating liquor in such a condition that he is
unable to exercise care for his own safety or the safety of others shall be deemed guilty of
public intoxication. (b) A first offense for public intoxication is a Class D offense. As an alternative sentence, the
Tribal Court may order said person on the first offense to attend a rehabilitation program. (c) Upon conviction of a second offense for public intoxication within a one year period, the
person shall be sentenced for a Class D offense. (d) Upon conviction of a three or more offenses for public intoxication within a three year
period, the person shall be sentenced for a Class C offense […] 5-70-100 Misuse of Controlled or Hypnotic Substance. (a) (1) Except as allowed by applicable law or in compliance with a prescription from a
doctor or other person licensed to prescribe medicine, any person found in possession
or apparently under the influence of either a controlled substance or hypnotic
substance as listed in schedules I, II, III, IV and V of 21 U.S.C. § 812 shall be deemed
guilty and upon conviction shall be sentenced for a Class B offense. In the alternative
for a first offense, the Tribal Court may order said person to attend and successfully
complete a rehabilitation program. (2) Upon conviction for a second and third offense, a person shall be sentenced for a
Class A offense with a minimum of thirty (30) days up to a maximum of one (1) year
imprisonment and may be further punished by a fine of $5,000.00. (3) Upon conviction for a fourth offense, said person shall be sentenced for a Class A
offense with a minimum of one (1) year imprisonment and may be further punished
by a fine of $5,000.00. (4) This criminal sanction provided in this section does not apply to that plant of the
Genus Laphorphora commonly known as “Peyote” when such drug is used as a
sacrament in the religious rights of any bonafide religious organization. (b)(1) Any person who opens or maintains any place for the purpose of unlawfully selling,
giving away or using any controlled substance, as defined as listed in Subsection (a),
shall be punished by imprisonment for not more than 1 year, and may be further
punished by a fine of not more than $5,000, except as provided in Subsection 2. (2) If a person convicted of violating this section has previously been convicted of
violating this section within the last ten years of the offense date the maximum
sentence of 1 year and maximum fine of $5,000 must both be imposed and that
person is not eligible for parole, probation or a suspended sentence. The court shall
not grant probation to or suspend the sentence of any person convicted of violating
this Subsection if he has been previously convicted under this Subsection or of any
other offense described in this Section. (3) This Subsection does not apply to any rehabilitation clinic established or licensed by
the Indian Health Service or other appropriate agency. The criminal sanction
provided in this Subsection does not apply to that plant of the Genus Laphorphora
commonly known as Peyote when such drug is used as a sacrament in the religious
rights of any bonafide religious organization. (c)(1) Except as allowed by applicable law or in compliance with a prescription from a
doctor or other person licensed to prescribe medicine, it is unlawful for any person
to import or transport a controlled or counterfeit substance as defined in Subsection
(a) above, or to offer or attempt to do any such act. (2) All violations of this Subsection shall be punished as set out in Subsection (a) above. (d)(1) Except as allowed by applicable law, it is unlawful for any person to manufacture or
compound a controlled or counterfeit substance as defined in Subsection (a) above,
or to offer or attempt to do any such act. (2) All violations of this Subsection shall be punished as set out in Subsection (a) above. (e)(1) Except as allowed by applicable law, it is unlawful for any person to sell, exchange,
barter, supply, prescribe, dispense, or administer a controlled or counterfeit
substance as defined in Subsection (a) above, or to offer or attempt to do any such
act. (2) All violations of this Subsection shall be punished for a Class A offense. (f)(1) Except as allowed by applicable law, it is unlawful for any person to give away a
controlled or counterfeit substance as defined in Subsection (a) above, or to offer or
attempt to do any such act. (2) All violations of this Subsection shall be punished for a Class A offense.