Those who cultivate, process, or traffic in, or otherwise promote, encourage, or facilitate the illegal consumption of toxic drugs, narcotics, or psychotropic substances, or possess them for such purposes, shall be punished with imprisonment for three to six years and a fine of one to three times the value of the drug involved in the offense if the substances or products cause serious harm to health, and with imprisonment for one to three years and a fine of one to two times the value in other cases.
Notwithstanding the provisions of the preceding paragraph, the courts may impose a lesser penalty than those indicated, taking into account the minor nature of the offense and the personal circumstances of the offender. This power may not be exercised if any of the circumstances referred to in Articles 369 bis and 370 are present.