Every minor who violates this chapter shall be punished as follows:
(a)
By imprisonment pursuant to subdivision (h) of Section 1170 or in a county jail if one of the following applies:
(1)
The minor has been found guilty previously of violating this chapter.
(2)
The minor has been found guilty previously of an offense specified in Section 29905, 32625, or 33410, or an offense specified in any provision listed in Section 16590.
(3)
The minor has been found guilty of a violation of Section 29610.
(b)
Violations of this chapter other than those violations specified in subdivision (a) shall be punishable as a misdemeanor.