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195.223. Trafficking drugs, second degree--penalty.

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Trafficking drugs, second degree--penalty. 195.223.1.A person commits the crime of trafficking drugs in thesecond degree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than thirty grams of a mixture or substancecontaining a detectable amount of heroin.Violations of this subsectionshall be punished as follows: (1)If the quantity involved is more than thirty grams but less thanninety grams the person shall be guilty of a class B felony; (2)If the quantity involved is ninety grams or more the person shallbe guilty of a class A felony. 2.A person commits the crime of trafficking drugs in the seconddegree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than one hundred fifty grams of a mixture orsubstance containing a detectable amount of coca leaves, except coca leavesand extracts of coca leaves from which cocaine, ecgonine, and derivativesof ecgonine or their salts have been removed; cocaine salts and theiroptical and geometric isomers, and salts of isomers; ecgonine, itsderivatives, their salts, isomers, and salts of isomers; or any compound,mixture, or preparation which contains any quantity of any of the foregoingsubstances.Violations of this subsection shall be punished as follows: (1)If the quantity involved is more than one hundred fifty grams butless than four hundred fifty grams the person shall be guilty of a class Bfelony; (2)If the quantity involved is four hundred fifty grams or more theperson shall be guilty of a class A felony. 3.A person commits the crime of trafficking drugs in the seconddegree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than two grams of a mixture or substancedescribed 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 sixgrams the person shall be guilty of a class B felony; (2)If the quantity involved is six grams or more the person shall beguilty of a class A felony. 4.A person commits the crime of trafficking drugs in the seconddegree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than five hundred milligrams of a mixture orsubstance 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 butless 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 beguilty of a class A felony. 5.A person commits the crime of trafficking drugs in the seconddegree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than thirty grams of a mixture or substancecontaining a detectable amount of phencyclidine (PCP).Violations of thissubsection shall be punished as follows: (1)If the quantity involved is more than thirty grams but less thanninety grams the person shall be guilty of a class B felony; (2)If the quantity involved is ninety grams or more the person shallbe guilty of a class A felony. 6.A person commits the crime of trafficking drugs in the seconddegree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than four grams of phencyclidine.Violationsof this subsection shall be punished as follows: (1)If the quantity involved is more than four grams but less thantwelve grams the person shall be guilty of a class B felony; (2)If the quantity involved is twelve grams or more the person shallbe guilty of a class A felony. 7.A person commits the crime of trafficking drugs in the seconddegree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than thirty kilograms or more of a mixture orsubstance containing marijuana.Violations of this subsection shall bepunished as follows: (1)If the quantity involved is more than thirty kilograms but lessthan one hundred kilograms the person shall be guilty of a class B felony; (2)If the quantity involved is one hundred kilograms or more theperson shall be guilty of a class A felony. 8.A person commits the class A felony of trafficking drugs in thesecond degree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than five hundred marijuana plants. 9.A person commits the crime of trafficking drugs in the seconddegree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than thirty grams of any material, compound,mixture or preparation which contains any quantity of the followingsubstances 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; phenmetrazineand its salts; or methylphenidate.Violations of this subsection orattempts to violate this subsection shall be punished as follows: (1)If the quantity involved is more than thirty grams but less thanninety grams the person shall be guilty of a class B felony; (2)If the quantity involved is ninety grams or more but less thanfour 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, theperson shall be guilty of a class A felony and the term of imprisonmentshall be served without probation or parole. 10.A person commits the crime of trafficking drugs in the seconddegree if, except as authorized by sections 195.005 to 195.425, he or shepossesses or has under his or her control, purchases or attempts topurchase, 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 attemptsto violate this subsection shall be punished as follows: (1)If the quantity involved is more than thirty grams but less thanninety grams the person shall be guilty of a class B felony; (2)If the quantity involved is ninety grams or more but less thanfour 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, theperson shall be guilty of a class A felony and the term of imprisonmentshall be served without probation or parole.(L. 1989 S.B. 215 & 58, A.L. 1998 H.B. 1147, et al., A.L. 2001H.B. 471)
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  • Trafficking drugs, second degree--penalty.

    195.223. 1. A person commits the crime of trafficking drugs in thesecond degree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than thirty grams of a mixture or substancecontaining a detectable amount of heroin. Violations of this subsectionshall be punished as follows:

    (1) If the quantity involved is more than thirty grams but less thanninety grams the person shall be guilty of a class B felony;

    (2) If the quantity involved is ninety grams or more the person shallbe guilty of a class A felony.

    2. A person commits the crime of trafficking drugs in the seconddegree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than one hundred fifty grams of a mixture orsubstance containing a detectable amount of coca leaves, except coca leavesand extracts of coca leaves from which cocaine, ecgonine, and derivativesof ecgonine or their salts have been removed; cocaine salts and theiroptical and geometric isomers, and salts of isomers; ecgonine, itsderivatives, their salts, isomers, and salts of isomers; or any compound,mixture, or preparation which contains any quantity of any of the foregoingsubstances. Violations of this subsection shall be punished as follows:

    (1) If the quantity involved is more than one hundred fifty grams butless than four hundred fifty grams the person shall be guilty of a class Bfelony;

    (2) If the quantity involved is four hundred fifty grams or more theperson shall be guilty of a class A felony.

    3. A person commits the crime of trafficking drugs in the seconddegree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than two grams of a mixture or substancedescribed 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 sixgrams the person shall be guilty of a class B felony;

    (2) If the quantity involved is six grams or more the person shall beguilty of a class A felony.

    4. A person commits the crime of trafficking drugs in the seconddegree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than five hundred milligrams of a mixture orsubstance 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 butless 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 beguilty of a class A felony.

    5. A person commits the crime of trafficking drugs in the seconddegree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than thirty grams of a mixture or substancecontaining a detectable amount of phencyclidine (PCP). Violations of thissubsection shall be punished as follows:

    (1) If the quantity involved is more than thirty grams but less thanninety grams the person shall be guilty of a class B felony;

    (2) If the quantity involved is ninety grams or more the person shallbe guilty of a class A felony.

    6. A person commits the crime of trafficking drugs in the seconddegree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than four grams of phencyclidine. Violationsof this subsection shall be punished as follows:

    (1) If the quantity involved is more than four grams but less thantwelve grams the person shall be guilty of a class B felony;

    (2) If the quantity involved is twelve grams or more the person shallbe guilty of a class A felony.

    7. A person commits the crime of trafficking drugs in the seconddegree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than thirty kilograms or more of a mixture orsubstance containing marijuana. Violations of this subsection shall bepunished as follows:

    (1) If the quantity involved is more than thirty kilograms but lessthan one hundred kilograms the person shall be guilty of a class B felony;

    (2) If the quantity involved is one hundred kilograms or more theperson shall be guilty of a class A felony.

    8. A person commits the class A felony of trafficking drugs in thesecond degree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than five hundred marijuana plants.

    9. A person commits the crime of trafficking drugs in the seconddegree if, except as authorized by sections 195.005 to 195.425, hepossesses or has under his control, purchases or attempts to purchase, orbrings into this state more than thirty grams of any material, compound,mixture or preparation which contains any quantity of the followingsubstances 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; phenmetrazineand its salts; or methylphenidate. Violations of this subsection orattempts to violate this subsection shall be punished as follows:

    (1) If the quantity involved is more than thirty grams but less thanninety grams the person shall be guilty of a class B felony;

    (2) If the quantity involved is ninety grams or more but less thanfour 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, theperson shall be guilty of a class A felony and the term of imprisonmentshall be served without probation or parole.

    10. A person commits the crime of trafficking drugs in the seconddegree if, except as authorized by sections 195.005 to 195.425, he or shepossesses or has under his or her control, purchases or attempts topurchase, 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 attemptsto violate this subsection shall be punished as follows:

    (1) If the quantity involved is more than thirty grams but less thanninety grams the person shall be guilty of a class B felony;

    (2) If the quantity involved is ninety grams or more but less thanfour 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, theperson shall be guilty of a class A felony and the term of imprisonmentshall 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)

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