(a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the first degree if the person

1. (1) delivers any amount of a schedule IA controlled substance to a person under 19 years of age who is at least three years younger than the person delivering the substance;
2. (2) delivers any amount of a schedule IIA or IIIA controlled substance to a person under 19 years of age who is at least three years younger than the person delivering the substance;
3. (3) engages in a continuing criminal enterprise; or

4. (4) delivers any amount of a schedule IA, IIA, IIIA, or IVA controlled substance to a person who is

   1. (A) mentally incapable;
   2. (B) incapacitated; or
   3. (C) unaware that a controlled substance is being delivered.

(b) For purposes of this section,

1. (1) a person is engaged in a “continuing criminal enterprise” if

   1. (A) the person commits a violation of this chapter which is punishable as a felony; and

   2. (B) that violation is a part of a continuing series of five or more violations of this chapter

      1. (i) which the person undertakes in concert with at least five other persons organized, supervised, or otherwise managed by the person; and
      2. (ii) from which the person obtains substantial income or resources;
2. (2) “incapacitated” has the meaning given in AS 11.41.470;
3. (3) “mentally incapable” has the meaning given in AS 11.41.470.