| 195.010 |
NARCOTIC NEWS
Drug Law in Missouri 195.010
Drug Law in Missouri 195.010
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
Definitions
The following words and phrases as used in sections 195.005 to 195.425,
unless the context otherwise requires, mean:
(1) "Addict", a person who habitually uses one or more controlled substances
to such an extent as to create a tolerance for such drugs, and who does not
have a medical need for such drugs, or who is so far addicted to the use of
such drugs as to have lost the power of self-control with reference to his
addiction;
(2) "Administer", to apply a controlled substance, whether by injection,
inhalation, ingestion, or any other means, directly to the body of a patient or
research subject by:
(a) A practitioner (or, in his presence, by his authorized agent); or
(b) The patient or research subject at the direction and in the presence of the
practitioner;
(3) "Agent", an authorized person who acts on behalf of or at the direction of a
manufacturer, distributor, or dispenser. The term does not include a common
or contract carrier, public warehouseman, or employee of the carrier or
warehouseman while acting in the usual and lawful course of the carrier's or
warehouseman's business;
(4) "Attorney for the state", any prosecuting attorney, circuit attorney, or attorney
general authorized to investigate, commence and prosecute an action under
sections 195.005 to 195.425;
(5) "Controlled substance", a drug, substance, or immediate precursor in
Schedules I through V listed in sections 195.005 to 195.425;
(6) "Controlled substance analogue", a substance the chemical structure of
which is substantially similar to the chemical structure of a controlled
substance in Schedule I or II and:
(a) Which has a stimulant, depressant, or hallucinogenic effect on the central
nervous system substantially similar to the stimulant, depressant, or
hallucinogenic effect on the central nervous system of a controlled substance
included in Schedule I or II; or
(b) With respect to a particular individual, which that individual represents or
intends to have a stimulant, depressant, or hallucinogenic effect on the central
nervous system substantially similar to the stimulant, depressant, or
hallucinogenic effect on the central nervous system of a controlled substance
included in Schedule I or II. The term does not include a controlled substance;
any substance for which there is an approved new drug application; any
substance for which an exemption is in effect for investigational use, for a
particular person, under Section 505 of the federal Food, Drug and Cosmetic
Act (21 U.S.C. 355) to the extent conduct with respect to the substance is
pursuant to the exemption; or any substance to the extent not intended for
human consumption before such an exemption takes effect with respect to the
substance;
(7) "Counterfeit substance", a controlled substance which, or the container or
labeling of which, without authorization, bears the trademark, trade name, or
other identifying mark, imprint, number or device, or any likeness thereof, of a
manufacturer, distributor, or dispenser other than the person who in fact
manufactured, distributed, or dispensed the substance;
(8) "Deliver" or "delivery", the actual, constructive, or attempted transfer from one
person to another of drug paraphernalia or of a controlled substance, or an
imitation controlled substance, whether or not there is an agency relationship,
and includes a sale;
(9) "Dentist", a person authorized by law to practice dentistry in this state;
(10) "Depressant or stimulant substance":
(a) A drug containing any quantity of barbituric acid or any of the salts of
barbituric acid or any derivative of barbituric acid which has been designated by
the United States Secretary of Health and Human Services as habit forming
under 21 U.S.C. 352(d);
(b) A drug containing any quantity of:
a. Amphetamine or any of its isomers;
b. Any salt of amphetamine or any salt of an isomer of amphetamine; or
c. Any substance the United States Attorney General, after investigation, has
found to be, and by regulation designated as, habit forming because of its
stimulant effect on the central nervous system;
(c) Lysergic acid diethylamide; or
(d) Any drug containing any quantity of a substance that the United States
Attorney General, after investigation, has found to have, and by regulation
designated as having, a potential for abuse because of its depressant or
stimulant effect on the central nervous system or its hallucinogenic effect;
(11) "Dispense", to deliver a narcotic or controlled dangerous drug to an
ultimate user or research subject by or pursuant to the lawful order of a
practitioner including the prescribing, administering, packaging, labeling, or
compounding necessary to prepare the substance for such delivery.
"Dispenser" means a practitioner who dispenses;
(12) "Distribute", to deliver other than by administering or dispensing a
controlled substance;
(13) "Distributor", a person who distributes;
(14) "Drug":
(a) Substances recognized as drugs in the official United States
Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or
Official National Formulary, or any supplement to any of them;
(b) Substances intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in humans or animals;
(c) Substances, other than food, intended to affect the structure or any function
of the body of humans or animals; and
(d) Substances intended for use as a component of any article specified in this
subdivision. It does not include devices or their components, parts or
accessories;
(15) "Drug-dependent person", a person who is using a controlled substance
and who is in a state of psychic or physical dependence, or both, arising from
the use of such substance on a continuous basis. Drug dependence is
characterized by behavioral and other responses which include a strong
compulsion to take the substance on a continuous basis in order to experience
its psychic effects or to avoid the discomfort caused by its absence;
(16) "Drug enforcement agency", the Drug Enforcement Administration in the
United States Department of Justice, or its successor agency;
(17) "Drug paraphernalia", all equipment, products, substances and materials
of any kind which are used, intended for use, or designed for use, in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the human body a
controlled substance or an imitation controlled substance in violation of
sections 195.005 to 195.425. It includes, but is not limited to:
(a) Kits used, intended for use, or designed for use in planting, propagating,
cultivating, growing or harvesting of any species of plant which is a controlled
substance or from which a controlled substance can be derived;
(b) Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances or imitation controlled substances;
(c) Isomerization devices used, intended for use, or designed for use in
increasing the potency of any species of plant which is a controlled substance
or an imitation controlled substance;
(d) Testing equipment used, intended for use, or designed for use in
identifying, or in analyzing the strength, effectiveness or purity of controlled
substances or imitation controlled substances;
(e) Scales and balances used, intended for use, or designed for use in
weighing or measuring controlled substances or imitation controlled
substances;
(f) Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite,
dextrose and lactose, used, intended for use, or designed for use in cutting
controlled substances or imitation controlled substances;
(g) Separation gins and sifters used, intended for use, or designed for use in
removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(h) Blenders, bowls, containers, spoons and mixing devices used, intended for
use, or designed for use in compounding controlled substances or imitation
controlled substances;
(i) Capsules, balloons, envelopes and other containers used, intended for use,
or designed for use in packaging small quantities of controlled substances or
imitation controlled substances;
(j) Containers and other objects used, intended for use, or designed for use in
storing or concealing controlled substances or imitation controlled substances;
(k) Hypodermic syringes, needles and other objects used, intended for use, or
designed for use in parenterally injecting controlled substances or imitation
controlled substances into the human body;
(l) Objects used, intended for use, or designed for use in ingesting, inhaling, or
otherwise introducing marijuana, cocaine, hashish, or hashish oil into the
human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
screens, permanent screens, hashish heads, or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips meaning objects used to hold burning material, such as a
marijuana cigarette, that has become too small or too short to be held in the
hand;
f. Miniature cocaine spoons and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs;
m. Ice pipes or chillers;
(m) Substances used, intended for use, or designed for use in the manufacture
of a controlled substance;
In determining whether an object, product, substance or material is drug
paraphernalia, a court or other authority should consider, in addition to all other
logically relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its
use;
(b) Prior convictions, if any, of an owner, or of anyone in control of the object,
under any state or federal law relating to any controlled substance or imitation
controlled substance;
(c) The proximity of the object, in time and space, to a direct violation of sections
195.005 to 195.425;
(d) The proximity of the object to controlled substances or imitation controlled
substances;
(e) The existence of any residue of controlled substances or imitation
controlled substances on the object;
(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in
control of the object, to deliver it to persons who he knows, or should
reasonably know, intend to use the object to facilitate a violation of sections
195.005 to 195.425; the innocence of an owner, or of anyone in control of the
object, as to direct violation of sections 195.005 to 195.425 shall not prevent a
finding that the object is intended for use, or designed for use as drug
paraphernalia;
(g) Instructions, oral or written, provided with the object concerning its use;
(h) Descriptive materials accompanying the object which explain or depict its
use;
(i) National or local advertising concerning its use;
(j) The manner in which the object is displayed for sale;
(k) Whether the owner, or anyone in control of the object, is a legitimate
supplier of like or related items to the community, such as a licensed
distributor or dealer of tobacco products;
(l) Direct or circumstantial evidence of the ratio of sales of the object to the total
sales of the business enterprise;
(m) The existence and scope of legitimate uses for the object in the community;
(n) Expert testimony concerning its use;
(o) The quantity, form or packaging of the product, substance or material in
relation to the quantity, form or packaging associated with any legitimate use
for the product, substance or material;
(18) "Federal narcotic laws", the laws of the United States relating to controlled
substances;
(19) "Hospital", a place devoted primarily to the maintenance and operation of
facilities for the diagnosis, treatment or care, for not less than twenty-four hours
in any week, of three or more non-related individuals suffering from illness,
disease, injury, deformity or other abnormal physical conditions; or a place
devoted primarily to provide, for not less than twenty-four consecutive hours in
any week, medical or nursing care for three or more non-related individuals.
The term "hospital" does not include convalescent, nursing, shelter or boarding
homes as defined in chapter 198, RSMo;
(20) "Immediate precursor", a substance which:
(a) The state department of health and senior services has found to be and by
rule designates as being the principal compound commonly used or produced
primarily for use in the manufacture of a controlled substance;
(b) Is an immediate chemical intermediary used or likely to be used in the
manufacture of a controlled substance; and
(c) The control of which is necessary to prevent, curtail or limit the manufacture
of the controlled substance;
(21) "Imitation controlled substance", a substance that is not a controlled
substance, which by dosage unit appearance (including color, shape, size and
markings), or by representations made, would lead a reasonable person to
believe that the substance is a controlled substance. In determining whether
the substance is an "imitation controlled substance" the court or authority
concerned should consider, in addition to all other logically relevant factors, the
following:
(a) Whether the substance was approved by the federal Food and Drug
Administration for over-the-counter (nonprescription or non-legend) sales and
was sold in the federal Food and Drug Administration approved package, with
the federal Food and Drug Administration approved labeling information;
(b) Statements made by an owner or by anyone else in control of the substance
concerning the nature of the substance, or its use or effect;
(c) Whether the substance is packaged in a manner normally used for illicit
controlled substances;
(d) Prior convictions, if any, of an owner, or anyone in control of the object, under
state or federal law related to controlled substances or fraud;
(e) The proximity of the substances to controlled substances;
(f) Whether the consideration tendered in exchange for the non controlled
substance substantially exceeds the reasonable value of the substance
considering the actual chemical composition of the substance and, where
applicable, the price at which over-the-counter substances of like chemical
composition sell. An imitation controlled substance does not include a placebo
or registered investigational drug either of which was manufactured,
distributed, possessed or delivered in the ordinary course of professional
practice or research;
(22) "Laboratory", a laboratory approved by the department of health and senior
services as proper to be entrusted with the custody of controlled substances
but does not include a pharmacist who compounds controlled substances to
be sold or dispensed on prescriptions;
(23) "Manufacture", the production, preparation, propagation, compounding or
processing of drug paraphernalia or of a controlled substance, or an imitation
controlled substance, either directly or by extraction from substances of natural
origin, or independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis, and includes any packaging or
repackaging of the substance or labeling or relabeling of its container. This
term does not include the preparation or compounding of a controlled
substance or an imitation controlled substance or the preparation,
compounding, packaging or labeling of a narcotic or dangerous drug:
(a) By a practitioner as an incident to his administering or dispensing of a
controlled substance or an imitation controlled substance in the course of his
professional practice, or
(b) By a practitioner or his authorized agent under his supervision, for the
purpose of, or as an incident to, research, teaching or chemical analysis and
not for sale;
(24) "Marijuana", all parts of the plant genus Cannabis in any species or form
thereof, including, but not limited to Cannabis Sativa L., Cannabis Indica,
Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether
growing or not, the seeds thereof, the resin extracted from any part of the plant;
and every compound, manufacture, salt, derivative, mixture, or preparation of
the plant, its seeds or resin. It does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, salt, derivative, mixture or preparation of the
mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the
sterilized seed of the plant which is incapable of germination;
(25) "Methamphetamine precursor drug", any drug containing ephedrine,
pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers,
or salts of optical isomers;
(26) "Narcotic drug", any of the following, whether produced directly or indirectly
by extraction from substances of vegetable origin, or independently by means
of chemical synthesis, or by a combination of extraction and chemical analysis:
(a) Opium, opiate, and any derivative, of opium or opiate, including their
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers,
whenever the existence of the isomers, esters, ethers, and salts is possible
within the specific chemical designation. The term does not include the
isoquinoline alkaloids of opium;
(b) Coca leaves, but not including extracts of coca leaves from which cocaine,
ecgonine, and derivatives of ecgonine or their salts have been removed;
(c) Cocaine or any salt, isomer, or salt of isomer thereof;
(d) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof;
(e) Any compound, mixture, or preparation containing any quantity of any
substance referred to in paragraphs (a) to (d) of this subdivision;
(27) "Official written order", an order written on a form provided for that purpose
by the United States Commissioner of Narcotics, under any laws of the United
States making provision therefor, if such order forms are authorized and
required by federal law, and if no such order form is provided, then on an official
form provided for that purpose by the department of health and senior services;
(28) "Opiate", any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-sustaining liability.
The term includes its racemic and levorotatory forms. It does not include,
unless specifically controlled under section 195.017, the dextrorotatory isomer
of 3-methoxy-n-methyl-morphinan and its salts (dextromethorphan);
(29) "Opium poppy", the plant of the species Papaver somniferum L., except its
seeds;
(30) "Over-the-counter sale", a retail sale licensed pursuant to chapter 144,
RSMo, of a drug other than a controlled substance;
(31) "Person", an individual, corporation, government or governmental
subdivision or agency, business trust, estate, trust, partnership, joint venture,
association, or any other legal or commercial entity;
(32) "Pharmacist", a licensed pharmacist as defined by the laws of this state,
and where the context so requires, the owner of a store or other place of
business where controlled substances are compounded or dispensed by a
licensed pharmacist; but nothing in sections 195.005 to 195.425 shall be
construed as conferring on a person who is not registered nor licensed as a
pharmacist any authority, right or privilege that is not granted to him by the
pharmacy laws of this state;
(33) "Poppy straw", all parts, except the seeds, of the opium poppy, after
mowing;
(34) "Possessed" or "possessing a controlled substance", a person, with the
knowledge of the presence and nature of a substance, has actual or
constructive possession of the substance. A person has actual possession if
he has the substance on his person or within easy reach and convenient
control. A person who, although not in actual possession, has the power and
the intention at a given time to exercise dominion or control over the substance
either directly or through another person or persons is in constructive
possession of it. Possession may also be sole or joint. If one person alone
has possession of a substance possession is sole. If two or more persons
share possession of a substance, possession is joint;
(35) "Practitioner", a physician, dentist, optometrist, podiatrist, veterinarian,
scientific investigator, pharmacy, hospital or other person licensed, registered
or otherwise permitted by this state to distribute, dispense, conduct research
with respect to or administer or to use in teaching or chemical analysis, a
controlled substance in the course of professional practice or research in this
state, or a pharmacy, hospital or other institution licensed, registered, or
otherwise permitted to distribute, dispense, conduct research with respect to or
administer a controlled substance in the course of professional practice or
research;
(36) "Production", includes the manufacture, planting, cultivation, growing, or
harvesting of drug paraphernalia or of a controlled substance or an imitation
controlled substance;
(37) "Registry number", the number assigned to each person registered under
the federal controlled substances laws;
(38) "Sale", includes barter, exchange, or gift, or offer therefor, and each such
transaction made by any person, whether as principal, proprietor, agent,
servant or employee;
(39) "State" when applied to a part of the United States, includes any state,
district, commonwealth, territory, insular possession thereof, and any area
subject to the legal authority of the United States of America;
(40) "Ultimate user", a person who lawfully possesses a controlled substance
or an imitation controlled substance for his own use or for the use of a member
of his household or for administering to an animal owned by him or by a
member of his household;
(41) "Wholesaler", a person who supplies drug paraphernalia or controlled
substances or imitation controlled substances that he himself has not
produced or prepared, on official written orders, but not on prescriptions.
(RSMo 1939 § 9832, A.L. 1945 p. 957, A.L. 1953 p. 619, A.L. 1957 p. 679, A.L.
1971 H.B. 69, A.L. 1975 H.B. 438, A.L. 1982 S.B. 522, A.L. 1989 S.B. 215 & 58,
A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2001 H.B. 471 merged with
S.B. 89 & 37)
(1967) Evidence sufficient to support a conviction of illegally selling marijuana.
State v. Rice (Mo.), 419 S.W.2d 30.
(1975) Held that it is not necessary to test each leaf or grain of a substance
prior to testimony as to amount of marijuana in defendant's possession. State
v. Edwards (A.), 521 S.W.2d 474.
(1976) "Cannabis sativa" and "marihuana" are synonymous terms and
defendant charged with sale of "cannabis sativa" could be convicted of sale of
controlled substance. State v. Simpson (A.), 534 S.W.2d 568.
(1976) Term "marihuana" held synonymous with cannabis even under 1971
version of this section. State v. Morrow (A.), 535 S.W.2d 539.
(1976) Conviction cannot be had for possession of "hashish" since it by
definition is a marihuana derivative, conviction must be for possession of
marihuana. State v. Randall (A.), 540 S.W.2d 156.
(1987) Even though no money was exchanged before defendant was arrested
for selling marijuana, instruction to jury on offense of selling marijuana was
proper since acts of defendant constitute "sale" as defined by this section
where defendant had made an agreement with undercover officers to deliver a
set quantity for a set price and the defendant then delivered the marijuana to
such officers. State v. McClintic, 731 S.W.2d 853 (Mo. App.).
(2004) Section authorizes possession of controlled substances prescribed to
another household member. State v. Blocker, 133 S.W.3d 502 (Mo.banc).
unless the context otherwise requires, mean:
(1) "Addict", a person who habitually uses one or more controlled substances
to such an extent as to create a tolerance for such drugs, and who does not
have a medical need for such drugs, or who is so far addicted to the use of
such drugs as to have lost the power of self-control with reference to his
addiction;
(2) "Administer", to apply a controlled substance, whether by injection,
inhalation, ingestion, or any other means, directly to the body of a patient or
research subject by:
(a) A practitioner (or, in his presence, by his authorized agent); or
(b) The patient or research subject at the direction and in the presence of the
practitioner;
(3) "Agent", an authorized person who acts on behalf of or at the direction of a
manufacturer, distributor, or dispenser. The term does not include a common
or contract carrier, public warehouseman, or employee of the carrier or
warehouseman while acting in the usual and lawful course of the carrier's or
warehouseman's business;
(4) "Attorney for the state", any prosecuting attorney, circuit attorney, or attorney
general authorized to investigate, commence and prosecute an action under
sections 195.005 to 195.425;
(5) "Controlled substance", a drug, substance, or immediate precursor in
Schedules I through V listed in sections 195.005 to 195.425;
(6) "Controlled substance analogue", a substance the chemical structure of
which is substantially similar to the chemical structure of a controlled
substance in Schedule I or II and:
(a) Which has a stimulant, depressant, or hallucinogenic effect on the central
nervous system substantially similar to the stimulant, depressant, or
hallucinogenic effect on the central nervous system of a controlled substance
included in Schedule I or II; or
(b) With respect to a particular individual, which that individual represents or
intends to have a stimulant, depressant, or hallucinogenic effect on the central
nervous system substantially similar to the stimulant, depressant, or
hallucinogenic effect on the central nervous system of a controlled substance
included in Schedule I or II. The term does not include a controlled substance;
any substance for which there is an approved new drug application; any
substance for which an exemption is in effect for investigational use, for a
particular person, under Section 505 of the federal Food, Drug and Cosmetic
Act (21 U.S.C. 355) to the extent conduct with respect to the substance is
pursuant to the exemption; or any substance to the extent not intended for
human consumption before such an exemption takes effect with respect to the
substance;
(7) "Counterfeit substance", a controlled substance which, or the container or
labeling of which, without authorization, bears the trademark, trade name, or
other identifying mark, imprint, number or device, or any likeness thereof, of a
manufacturer, distributor, or dispenser other than the person who in fact
manufactured, distributed, or dispensed the substance;
(8) "Deliver" or "delivery", the actual, constructive, or attempted transfer from one
person to another of drug paraphernalia or of a controlled substance, or an
imitation controlled substance, whether or not there is an agency relationship,
and includes a sale;
(9) "Dentist", a person authorized by law to practice dentistry in this state;
(10) "Depressant or stimulant substance":
(a) A drug containing any quantity of barbituric acid or any of the salts of
barbituric acid or any derivative of barbituric acid which has been designated by
the United States Secretary of Health and Human Services as habit forming
under 21 U.S.C. 352(d);
(b) A drug containing any quantity of:
a. Amphetamine or any of its isomers;
b. Any salt of amphetamine or any salt of an isomer of amphetamine; or
c. Any substance the United States Attorney General, after investigation, has
found to be, and by regulation designated as, habit forming because of its
stimulant effect on the central nervous system;
(c) Lysergic acid diethylamide; or
(d) Any drug containing any quantity of a substance that the United States
Attorney General, after investigation, has found to have, and by regulation
designated as having, a potential for abuse because of its depressant or
stimulant effect on the central nervous system or its hallucinogenic effect;
(11) "Dispense", to deliver a narcotic or controlled dangerous drug to an
ultimate user or research subject by or pursuant to the lawful order of a
practitioner including the prescribing, administering, packaging, labeling, or
compounding necessary to prepare the substance for such delivery.
"Dispenser" means a practitioner who dispenses;
(12) "Distribute", to deliver other than by administering or dispensing a
controlled substance;
(13) "Distributor", a person who distributes;
(14) "Drug":
(a) Substances recognized as drugs in the official United States
Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or
Official National Formulary, or any supplement to any of them;
(b) Substances intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in humans or animals;
(c) Substances, other than food, intended to affect the structure or any function
of the body of humans or animals; and
(d) Substances intended for use as a component of any article specified in this
subdivision. It does not include devices or their components, parts or
accessories;
(15) "Drug-dependent person", a person who is using a controlled substance
and who is in a state of psychic or physical dependence, or both, arising from
the use of such substance on a continuous basis. Drug dependence is
characterized by behavioral and other responses which include a strong
compulsion to take the substance on a continuous basis in order to experience
its psychic effects or to avoid the discomfort caused by its absence;
(16) "Drug enforcement agency", the Drug Enforcement Administration in the
United States Department of Justice, or its successor agency;
(17) "Drug paraphernalia", all equipment, products, substances and materials
of any kind which are used, intended for use, or designed for use, in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the human body a
controlled substance or an imitation controlled substance in violation of
sections 195.005 to 195.425. It includes, but is not limited to:
(a) Kits used, intended for use, or designed for use in planting, propagating,
cultivating, growing or harvesting of any species of plant which is a controlled
substance or from which a controlled substance can be derived;
(b) Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances or imitation controlled substances;
(c) Isomerization devices used, intended for use, or designed for use in
increasing the potency of any species of plant which is a controlled substance
or an imitation controlled substance;
(d) Testing equipment used, intended for use, or designed for use in
identifying, or in analyzing the strength, effectiveness or purity of controlled
substances or imitation controlled substances;
(e) Scales and balances used, intended for use, or designed for use in
weighing or measuring controlled substances or imitation controlled
substances;
(f) Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite,
dextrose and lactose, used, intended for use, or designed for use in cutting
controlled substances or imitation controlled substances;
(g) Separation gins and sifters used, intended for use, or designed for use in
removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(h) Blenders, bowls, containers, spoons and mixing devices used, intended for
use, or designed for use in compounding controlled substances or imitation
controlled substances;
(i) Capsules, balloons, envelopes and other containers used, intended for use,
or designed for use in packaging small quantities of controlled substances or
imitation controlled substances;
(j) Containers and other objects used, intended for use, or designed for use in
storing or concealing controlled substances or imitation controlled substances;
(k) Hypodermic syringes, needles and other objects used, intended for use, or
designed for use in parenterally injecting controlled substances or imitation
controlled substances into the human body;
(l) Objects used, intended for use, or designed for use in ingesting, inhaling, or
otherwise introducing marijuana, cocaine, hashish, or hashish oil into the
human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
screens, permanent screens, hashish heads, or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips meaning objects used to hold burning material, such as a
marijuana cigarette, that has become too small or too short to be held in the
hand;
f. Miniature cocaine spoons and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs;
m. Ice pipes or chillers;
(m) Substances used, intended for use, or designed for use in the manufacture
of a controlled substance;
In determining whether an object, product, substance or material is drug
paraphernalia, a court or other authority should consider, in addition to all other
logically relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its
use;
(b) Prior convictions, if any, of an owner, or of anyone in control of the object,
under any state or federal law relating to any controlled substance or imitation
controlled substance;
(c) The proximity of the object, in time and space, to a direct violation of sections
195.005 to 195.425;
(d) The proximity of the object to controlled substances or imitation controlled
substances;
(e) The existence of any residue of controlled substances or imitation
controlled substances on the object;
(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in
control of the object, to deliver it to persons who he knows, or should
reasonably know, intend to use the object to facilitate a violation of sections
195.005 to 195.425; the innocence of an owner, or of anyone in control of the
object, as to direct violation of sections 195.005 to 195.425 shall not prevent a
finding that the object is intended for use, or designed for use as drug
paraphernalia;
(g) Instructions, oral or written, provided with the object concerning its use;
(h) Descriptive materials accompanying the object which explain or depict its
use;
(i) National or local advertising concerning its use;
(j) The manner in which the object is displayed for sale;
(k) Whether the owner, or anyone in control of the object, is a legitimate
supplier of like or related items to the community, such as a licensed
distributor or dealer of tobacco products;
(l) Direct or circumstantial evidence of the ratio of sales of the object to the total
sales of the business enterprise;
(m) The existence and scope of legitimate uses for the object in the community;
(n) Expert testimony concerning its use;
(o) The quantity, form or packaging of the product, substance or material in
relation to the quantity, form or packaging associated with any legitimate use
for the product, substance or material;
(18) "Federal narcotic laws", the laws of the United States relating to controlled
substances;
(19) "Hospital", a place devoted primarily to the maintenance and operation of
facilities for the diagnosis, treatment or care, for not less than twenty-four hours
in any week, of three or more non-related individuals suffering from illness,
disease, injury, deformity or other abnormal physical conditions; or a place
devoted primarily to provide, for not less than twenty-four consecutive hours in
any week, medical or nursing care for three or more non-related individuals.
The term "hospital" does not include convalescent, nursing, shelter or boarding
homes as defined in chapter 198, RSMo;
(20) "Immediate precursor", a substance which:
(a) The state department of health and senior services has found to be and by
rule designates as being the principal compound commonly used or produced
primarily for use in the manufacture of a controlled substance;
(b) Is an immediate chemical intermediary used or likely to be used in the
manufacture of a controlled substance; and
(c) The control of which is necessary to prevent, curtail or limit the manufacture
of the controlled substance;
(21) "Imitation controlled substance", a substance that is not a controlled
substance, which by dosage unit appearance (including color, shape, size and
markings), or by representations made, would lead a reasonable person to
believe that the substance is a controlled substance. In determining whether
the substance is an "imitation controlled substance" the court or authority
concerned should consider, in addition to all other logically relevant factors, the
following:
(a) Whether the substance was approved by the federal Food and Drug
Administration for over-the-counter (nonprescription or non-legend) sales and
was sold in the federal Food and Drug Administration approved package, with
the federal Food and Drug Administration approved labeling information;
(b) Statements made by an owner or by anyone else in control of the substance
concerning the nature of the substance, or its use or effect;
(c) Whether the substance is packaged in a manner normally used for illicit
controlled substances;
(d) Prior convictions, if any, of an owner, or anyone in control of the object, under
state or federal law related to controlled substances or fraud;
(e) The proximity of the substances to controlled substances;
(f) Whether the consideration tendered in exchange for the non controlled
substance substantially exceeds the reasonable value of the substance
considering the actual chemical composition of the substance and, where
applicable, the price at which over-the-counter substances of like chemical
composition sell. An imitation controlled substance does not include a placebo
or registered investigational drug either of which was manufactured,
distributed, possessed or delivered in the ordinary course of professional
practice or research;
(22) "Laboratory", a laboratory approved by the department of health and senior
services as proper to be entrusted with the custody of controlled substances
but does not include a pharmacist who compounds controlled substances to
be sold or dispensed on prescriptions;
(23) "Manufacture", the production, preparation, propagation, compounding or
processing of drug paraphernalia or of a controlled substance, or an imitation
controlled substance, either directly or by extraction from substances of natural
origin, or independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis, and includes any packaging or
repackaging of the substance or labeling or relabeling of its container. This
term does not include the preparation or compounding of a controlled
substance or an imitation controlled substance or the preparation,
compounding, packaging or labeling of a narcotic or dangerous drug:
(a) By a practitioner as an incident to his administering or dispensing of a
controlled substance or an imitation controlled substance in the course of his
professional practice, or
(b) By a practitioner or his authorized agent under his supervision, for the
purpose of, or as an incident to, research, teaching or chemical analysis and
not for sale;
(24) "Marijuana", all parts of the plant genus Cannabis in any species or form
thereof, including, but not limited to Cannabis Sativa L., Cannabis Indica,
Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether
growing or not, the seeds thereof, the resin extracted from any part of the plant;
and every compound, manufacture, salt, derivative, mixture, or preparation of
the plant, its seeds or resin. It does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, salt, derivative, mixture or preparation of the
mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the
sterilized seed of the plant which is incapable of germination;
(25) "Methamphetamine precursor drug", any drug containing ephedrine,
pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers,
or salts of optical isomers;
(26) "Narcotic drug", any of the following, whether produced directly or indirectly
by extraction from substances of vegetable origin, or independently by means
of chemical synthesis, or by a combination of extraction and chemical analysis:
(a) Opium, opiate, and any derivative, of opium or opiate, including their
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers,
whenever the existence of the isomers, esters, ethers, and salts is possible
within the specific chemical designation. The term does not include the
isoquinoline alkaloids of opium;
(b) Coca leaves, but not including extracts of coca leaves from which cocaine,
ecgonine, and derivatives of ecgonine or their salts have been removed;
(c) Cocaine or any salt, isomer, or salt of isomer thereof;
(d) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof;
(e) Any compound, mixture, or preparation containing any quantity of any
substance referred to in paragraphs (a) to (d) of this subdivision;
(27) "Official written order", an order written on a form provided for that purpose
by the United States Commissioner of Narcotics, under any laws of the United
States making provision therefor, if such order forms are authorized and
required by federal law, and if no such order form is provided, then on an official
form provided for that purpose by the department of health and senior services;
(28) "Opiate", any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-sustaining liability.
The term includes its racemic and levorotatory forms. It does not include,
unless specifically controlled under section 195.017, the dextrorotatory isomer
of 3-methoxy-n-methyl-morphinan and its salts (dextromethorphan);
(29) "Opium poppy", the plant of the species Papaver somniferum L., except its
seeds;
(30) "Over-the-counter sale", a retail sale licensed pursuant to chapter 144,
RSMo, of a drug other than a controlled substance;
(31) "Person", an individual, corporation, government or governmental
subdivision or agency, business trust, estate, trust, partnership, joint venture,
association, or any other legal or commercial entity;
(32) "Pharmacist", a licensed pharmacist as defined by the laws of this state,
and where the context so requires, the owner of a store or other place of
business where controlled substances are compounded or dispensed by a
licensed pharmacist; but nothing in sections 195.005 to 195.425 shall be
construed as conferring on a person who is not registered nor licensed as a
pharmacist any authority, right or privilege that is not granted to him by the
pharmacy laws of this state;
(33) "Poppy straw", all parts, except the seeds, of the opium poppy, after
mowing;
(34) "Possessed" or "possessing a controlled substance", a person, with the
knowledge of the presence and nature of a substance, has actual or
constructive possession of the substance. A person has actual possession if
he has the substance on his person or within easy reach and convenient
control. A person who, although not in actual possession, has the power and
the intention at a given time to exercise dominion or control over the substance
either directly or through another person or persons is in constructive
possession of it. Possession may also be sole or joint. If one person alone
has possession of a substance possession is sole. If two or more persons
share possession of a substance, possession is joint;
(35) "Practitioner", a physician, dentist, optometrist, podiatrist, veterinarian,
scientific investigator, pharmacy, hospital or other person licensed, registered
or otherwise permitted by this state to distribute, dispense, conduct research
with respect to or administer or to use in teaching or chemical analysis, a
controlled substance in the course of professional practice or research in this
state, or a pharmacy, hospital or other institution licensed, registered, or
otherwise permitted to distribute, dispense, conduct research with respect to or
administer a controlled substance in the course of professional practice or
research;
(36) "Production", includes the manufacture, planting, cultivation, growing, or
harvesting of drug paraphernalia or of a controlled substance or an imitation
controlled substance;
(37) "Registry number", the number assigned to each person registered under
the federal controlled substances laws;
(38) "Sale", includes barter, exchange, or gift, or offer therefor, and each such
transaction made by any person, whether as principal, proprietor, agent,
servant or employee;
(39) "State" when applied to a part of the United States, includes any state,
district, commonwealth, territory, insular possession thereof, and any area
subject to the legal authority of the United States of America;
(40) "Ultimate user", a person who lawfully possesses a controlled substance
or an imitation controlled substance for his own use or for the use of a member
of his household or for administering to an animal owned by him or by a
member of his household;
(41) "Wholesaler", a person who supplies drug paraphernalia or controlled
substances or imitation controlled substances that he himself has not
produced or prepared, on official written orders, but not on prescriptions.
(RSMo 1939 § 9832, A.L. 1945 p. 957, A.L. 1953 p. 619, A.L. 1957 p. 679, A.L.
1971 H.B. 69, A.L. 1975 H.B. 438, A.L. 1982 S.B. 522, A.L. 1989 S.B. 215 & 58,
A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2001 H.B. 471 merged with
S.B. 89 & 37)
(1967) Evidence sufficient to support a conviction of illegally selling marijuana.
State v. Rice (Mo.), 419 S.W.2d 30.
(1975) Held that it is not necessary to test each leaf or grain of a substance
prior to testimony as to amount of marijuana in defendant's possession. State
v. Edwards (A.), 521 S.W.2d 474.
(1976) "Cannabis sativa" and "marihuana" are synonymous terms and
defendant charged with sale of "cannabis sativa" could be convicted of sale of
controlled substance. State v. Simpson (A.), 534 S.W.2d 568.
(1976) Term "marihuana" held synonymous with cannabis even under 1971
version of this section. State v. Morrow (A.), 535 S.W.2d 539.
(1976) Conviction cannot be had for possession of "hashish" since it by
definition is a marihuana derivative, conviction must be for possession of
marihuana. State v. Randall (A.), 540 S.W.2d 156.
(1987) Even though no money was exchanged before defendant was arrested
for selling marijuana, instruction to jury on offense of selling marijuana was
proper since acts of defendant constitute "sale" as defined by this section
where defendant had made an agreement with undercover officers to deliver a
set quantity for a set price and the defendant then delivered the marijuana to
such officers. State v. McClintic, 731 S.W.2d 853 (Mo. App.).
(2004) Section authorizes possession of controlled substances prescribed to
another household member. State v. Blocker, 133 S.W.3d 502 (Mo.banc).