(1) A person eighteen (18) years of age or older who violates § 5-64-443 by delivering drug paraphernalia in the course of and in furtherance of a felony violation of this chapter to a person under eighteen (18) years of age who is at least three (3) years younger than the person upon conviction is guilty of a Class B felony.
(2) Otherwise, a person eighteen (18) years of age or older who violates § 5-64-443 by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years younger than the person upon conviction is guilty of a Class A misdemeanor.