| 195.223 |
NARCOTIC NEWS
Drug Law in Missouri 195.223
Drug Law in Missouri 195.223
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
Trafficking drugs, second degree penalty
1. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he possesses or has
under his control, purchases or attempts to purchase, or brings into this state
more than thirty grams of a mixture or substance containing a detectable
amount of heroin. Violations of this subsection shall be punished as follows:
(1) If the quantity involved is more than thirty grams but less than ninety grams
the person shall be guilty of a class B felony;
(2) If the quantity involved is ninety grams or more the person shall be guilty of a
class A felony.
2. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he possesses or has
under his control, purchases or attempts to purchase, or brings into this state
more than one hundred fifty grams of a mixture or substance containing a
detectable amount of coca leaves, except coca leaves and extracts of coca
leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts
have been removed; cocaine salts and their optical and geometric isomers,
and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of
isomers; or any compound, mixture, or preparation which contains any quantity
of any of the foregoing substances. Violations of this subsection shall be
punished as follows:
(1) If the quantity involved is more than one hundred fifty grams but less than
four hundred fifty grams the person shall be guilty of a class B felony;
(2) If the quantity involved is four hundred fifty grams or more the person shall
be guilty of a class A felony.
3. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he possesses or has
under his control, purchases or attempts to purchase, or brings into this state
more than two grams of a mixture or substance described in subsection 2 of
this section which contains cocaine base. Violations of this subsection shall be
punished as follows:
(1) If the quantity involved is more than two grams but less than six grams the
person shall be guilty of a class B felony;
(2) If the quantity involved is six grams or more the person shall be guilty of a
class A felony.
4. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he possesses or has
under his control, purchases or attempts to purchase, or brings into this state
more than five hundred milligrams of a mixture or substance containing a
detectable amount of lysergic acid diethylamide (LSD). Violations of this
subsection shall be punished as follows:
(1) If the quantity involved is more than five hundred milligrams but less than
one gram the person shall be guilty of a class B felony;
(2) If the quantity involved is one gram or more the person shall be guilty of a
class A felony.
5. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he possesses or has
under his control, purchases or attempts to purchase, or brings into this state
more than thirty grams of a mixture or substance containing a detectable
amount of phencyclidine (PCP). Violations of this subsection shall be punished
as follows:
(1) If the quantity involved is more than thirty grams but less than ninety grams
the person shall be guilty of a class B felony;
(2) If the quantity involved is ninety grams or more the person shall be guilty of a
class A felony.
6. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he possesses or has
under his control, purchases or attempts to purchase, or brings into this state
more than four grams of phencyclidine. Violations of this subsection shall be
punished as follows:
(1) If the quantity involved is more than four grams but less than twelve grams
the person shall be guilty of a class B felony;
(2) If the quantity involved is twelve grams or more the person shall be guilty of
a class A felony.
7. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he possesses or has
under his control, purchases or attempts to purchase, or brings into this state
more than thirty kilograms or more of a mixture or substance containing
marijuana. Violations of this subsection shall be punished as follows:
(1) If the quantity involved is more than thirty kilograms but less than one
hundred kilograms the person shall be guilty of a class B felony;
(2) If the quantity involved is one hundred kilograms or more the person shall
be guilty of a class A felony.
8. A person commits the class A felony of trafficking drugs in the second
degree if, except as authorized by sections 195.005 to 195.425, he possesses
or has under his control, purchases or attempts to purchase, or brings into this
state more than five hundred marijuana plants.
9. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he possesses or has
under his control, purchases or attempts to purchase, or brings into this state
more than thirty grams of any material, compound, mixture or preparation which
contains any quantity of the following substances having a stimulant effect on
the central nervous system: amphetamine, its salts, optical isomers and salts
of its optical isomers; methamphetamine, its salts, isomers and salts of its
isomers; phenmetrazine and its salts; or methylphenidate. Violations of this
subsection or attempts to violate this subsection shall be punished as follows:
(1) If the quantity involved is more than thirty grams but less than ninety grams
the person shall be guilty of a class B felony;
(2) If the quantity involved is ninety grams or more but less than four hundred
fifty grams, the person shall be guilty of a class A felony;
(3) If the quantity involved is four hundred fifty grams or more, the person shall
be guilty of a class A felony and the term of imprisonment shall be served
without probation or parole.
10. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he or she possesses or
has under his or her control, purchases or attempts to purchase, or brings into
this state more than thirty grams of any material, compound, mixture or
preparation which contains any quantity of 3,4-
methylenedioxymethamphetamine. Violations of this subsection or attempts to
violate this subsection shall be punished as follows:
(1) If the quantity involved is more than thirty grams but less than ninety grams
the person shall be guilty of a class B felony;
(2) If the quantity involved is ninety grams or more but less than four hundred
fifty grams, the person shall be guilty of a class A felony;
(3) If the quantity involved is four hundred fifty grams or more, the person shall
be guilty of a class A felony and the term of imprisonment shall be served
without probation or parole.
(L. 1989 S.B. 215 & 58, A.L. 1998 H.B. 1147, et al., A.L. 2001 H.B. 471)
except as authorized by sections 195.005 to 195.425, he possesses or has
under his control, purchases or attempts to purchase, or brings into this state
more than thirty grams of a mixture or substance containing a detectable
amount of heroin. Violations of this subsection shall be punished as follows:
(1) If the quantity involved is more than thirty grams but less than ninety grams
the person shall be guilty of a class B felony;
(2) If the quantity involved is ninety grams or more the person shall be guilty of a
class A felony.
2. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he possesses or has
under his control, purchases or attempts to purchase, or brings into this state
more than one hundred fifty grams of a mixture or substance containing a
detectable amount of coca leaves, except coca leaves and extracts of coca
leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts
have been removed; cocaine salts and their optical and geometric isomers,
and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of
isomers; or any compound, mixture, or preparation which contains any quantity
of any of the foregoing substances. Violations of this subsection shall be
punished as follows:
(1) If the quantity involved is more than one hundred fifty grams but less than
four hundred fifty grams the person shall be guilty of a class B felony;
(2) If the quantity involved is four hundred fifty grams or more the person shall
be guilty of a class A felony.
3. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he possesses or has
under his control, purchases or attempts to purchase, or brings into this state
more than two grams of a mixture or substance described in subsection 2 of
this section which contains cocaine base. Violations of this subsection shall be
punished as follows:
(1) If the quantity involved is more than two grams but less than six grams the
person shall be guilty of a class B felony;
(2) If the quantity involved is six grams or more the person shall be guilty of a
class A felony.
4. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he possesses or has
under his control, purchases or attempts to purchase, or brings into this state
more than five hundred milligrams of a mixture or substance containing a
detectable amount of lysergic acid diethylamide (LSD). Violations of this
subsection shall be punished as follows:
(1) If the quantity involved is more than five hundred milligrams but less than
one gram the person shall be guilty of a class B felony;
(2) If the quantity involved is one gram or more the person shall be guilty of a
class A felony.
5. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he possesses or has
under his control, purchases or attempts to purchase, or brings into this state
more than thirty grams of a mixture or substance containing a detectable
amount of phencyclidine (PCP). Violations of this subsection shall be punished
as follows:
(1) If the quantity involved is more than thirty grams but less than ninety grams
the person shall be guilty of a class B felony;
(2) If the quantity involved is ninety grams or more the person shall be guilty of a
class A felony.
6. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he possesses or has
under his control, purchases or attempts to purchase, or brings into this state
more than four grams of phencyclidine. Violations of this subsection shall be
punished as follows:
(1) If the quantity involved is more than four grams but less than twelve grams
the person shall be guilty of a class B felony;
(2) If the quantity involved is twelve grams or more the person shall be guilty of
a class A felony.
7. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he possesses or has
under his control, purchases or attempts to purchase, or brings into this state
more than thirty kilograms or more of a mixture or substance containing
marijuana. Violations of this subsection shall be punished as follows:
(1) If the quantity involved is more than thirty kilograms but less than one
hundred kilograms the person shall be guilty of a class B felony;
(2) If the quantity involved is one hundred kilograms or more the person shall
be guilty of a class A felony.
8. A person commits the class A felony of trafficking drugs in the second
degree if, except as authorized by sections 195.005 to 195.425, he possesses
or has under his control, purchases or attempts to purchase, or brings into this
state more than five hundred marijuana plants.
9. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he possesses or has
under his control, purchases or attempts to purchase, or brings into this state
more than thirty grams of any material, compound, mixture or preparation which
contains any quantity of the following substances having a stimulant effect on
the central nervous system: amphetamine, its salts, optical isomers and salts
of its optical isomers; methamphetamine, its salts, isomers and salts of its
isomers; phenmetrazine and its salts; or methylphenidate. Violations of this
subsection or attempts to violate this subsection shall be punished as follows:
(1) If the quantity involved is more than thirty grams but less than ninety grams
the person shall be guilty of a class B felony;
(2) If the quantity involved is ninety grams or more but less than four hundred
fifty grams, the person shall be guilty of a class A felony;
(3) If the quantity involved is four hundred fifty grams or more, the person shall
be guilty of a class A felony and the term of imprisonment shall be served
without probation or parole.
10. A person commits the crime of trafficking drugs in the second degree if,
except as authorized by sections 195.005 to 195.425, he or she possesses or
has under his or her control, purchases or attempts to purchase, or brings into
this state more than thirty grams of any material, compound, mixture or
preparation which contains any quantity of 3,4-
methylenedioxymethamphetamine. Violations of this subsection or attempts to
violate this subsection shall be punished as follows:
(1) If the quantity involved is more than thirty grams but less than ninety grams
the person shall be guilty of a class B felony;
(2) If the quantity involved is ninety grams or more but less than four hundred
fifty grams, the person shall be guilty of a class A felony;
(3) If the quantity involved is four hundred fifty grams or more, the person shall
be guilty of a class A felony and the term of imprisonment shall be served
without probation or parole.
(L. 1989 S.B. 215 & 58, A.L. 1998 H.B. 1147, et al., A.L. 2001 H.B. 471)