| 195.211 |
NARCOTIC NEWS
Drug Law in Missouri 195.211
Drug Law in Missouri 195.211
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Distribution, delivery, manufacture or production of a controlled substance,
violations and attempted violations, penalty
violations and attempted violations, penalty
1. Except as authorized by sections 195.005 to 195.425 and except as provided
in section 195.222, it is unlawful for any person to distribute, deliver,
manufacture, produce or attempt to distribute, deliver, manufacture or produce
a controlled substance or to possess with intent to distribute, deliver,
manufacture, or produce a controlled substance.
2. Any person who violates or attempts to violate this section with respect to
manufacturing or production of a controlled substance of any amount except for
five grams or less of marijuana in a residence where a child resides or within
two thousand feet of the real property comprising a public or private elementary
or public or private elementary or secondary school, public vocational school or
a public or private junior college, college or university, or any school bus is
guilty of a class A felony.
3. Any person who violates or attempts to violate this section with respect to any
controlled substance except five grams or less of marijuana is guilty of a class
B felony.
4. Any person who violates this section with respect to distributing or delivering
not more than five grams of marijuana is guilty of a class C felony.
(L. 1989 S.B. 215 & 58, A.L. 1998 H.B. 1147, et al., A.L. 2003 S.B. 39)
(1991) Where defendant was sentenced to thirty years imprisonment for selling
marijuana, defendant was entitled to benefit of change in statute which was
made after trial, which lowered maximum punishment to fifteen years
imprisonment. State v. Griffin, 810 S.W.2d 956 (Mo. App.)
(1993) Offense of possession of controlled substance under section 195.202,
RSMo, is not lesser included offense of manufacture of controlled substance
under this section. State v. Polk, 864 S.W.2d 1 (Mo. App. W.D.).
(1997) Mere presence of defendant on premises accessible to the public
where contraband is found is insufficient to show drug possession. State v.
Condict, 952 S.W.2d 784 (Mo.App.S.D.).
in section 195.222, it is unlawful for any person to distribute, deliver,
manufacture, produce or attempt to distribute, deliver, manufacture or produce
a controlled substance or to possess with intent to distribute, deliver,
manufacture, or produce a controlled substance.
2. Any person who violates or attempts to violate this section with respect to
manufacturing or production of a controlled substance of any amount except for
five grams or less of marijuana in a residence where a child resides or within
two thousand feet of the real property comprising a public or private elementary
or public or private elementary or secondary school, public vocational school or
a public or private junior college, college or university, or any school bus is
guilty of a class A felony.
3. Any person who violates or attempts to violate this section with respect to any
controlled substance except five grams or less of marijuana is guilty of a class
B felony.
4. Any person who violates this section with respect to distributing or delivering
not more than five grams of marijuana is guilty of a class C felony.
(L. 1989 S.B. 215 & 58, A.L. 1998 H.B. 1147, et al., A.L. 2003 S.B. 39)
(1991) Where defendant was sentenced to thirty years imprisonment for selling
marijuana, defendant was entitled to benefit of change in statute which was
made after trial, which lowered maximum punishment to fifteen years
imprisonment. State v. Griffin, 810 S.W.2d 956 (Mo. App.)
(1993) Offense of possession of controlled substance under section 195.202,
RSMo, is not lesser included offense of manufacture of controlled substance
under this section. State v. Polk, 864 S.W.2d 1 (Mo. App. W.D.).
(1997) Mere presence of defendant on premises accessible to the public
where contraband is found is insufficient to show drug possession. State v.
Condict, 952 S.W.2d 784 (Mo.App.S.D.).