State Codes and Statutes

Statutes > Missouri > T12 > C195 > 195_010

Definitions.

195.010. The following words and phrases as used in sections 195.005to 195.425, unless the context otherwise requires, mean:

(1) "Addict", a person who habitually uses one or more controlledsubstances to such an extent as to create a tolerance for such drugs, andwho does not have a medical need for such drugs, or who is so far addictedto the use of such drugs as to have lost the power of self-control withreference to his addiction;

(2) "Administer", to apply a controlled substance, whether byinjection, inhalation, ingestion, or any other means, directly to the bodyof 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 thepresence of the practitioner;

(3) "Agent", an authorized person who acts on behalf of or at thedirection of a manufacturer, distributor, or dispenser. The term does notinclude a common or contract carrier, public warehouseman, or employee ofthe carrier or warehouseman while acting in the usual and lawful course ofthe carrier's or warehouseman's business;

(4) "Attorney for the state", any prosecuting attorney, circuitattorney, or attorney general authorized to investigate, commence andprosecute an action under sections 195.005 to 195.425;

(5) "Controlled substance", a drug, substance, or immediate precursorin Schedules I through V listed in sections 195.005 to 195.425;

(6) "Controlled substance analogue", a substance the chemicalstructure of which is substantially similar to the chemical structure of acontrolled substance in Schedule I or II and:

(a) Which has a stimulant, depressant, or hallucinogenic effect onthe central nervous system substantially similar to the stimulant,depressant, or hallucinogenic effect on the central nervous system of acontrolled substance included in Schedule I or II; or

(b) With respect to a particular individual, which that individualrepresents or intends to have a stimulant, depressant, or hallucinogeniceffect on the central nervous system substantially similar to thestimulant, depressant, or hallucinogenic effect on the central nervoussystem of a controlled substance included in Schedule I or II. The termdoes not include a controlled substance; any substance for which there isan approved new drug application; any substance for which an exemption isin effect for investigational use, for a particular person, under Section505 of the federal Food, Drug and Cosmetic Act (21 U.S.C. 355) to theextent conduct with respect to the substance is pursuant to the exemption;or any substance to the extent not intended for human consumption beforesuch an exemption takes effect with respect to the substance;

(7) "Counterfeit substance", a controlled substance which, or thecontainer or labeling of which, without authorization, bears the trademark,trade name, or other identifying mark, imprint, number or device, or anylikeness thereof, of a manufacturer, distributor, or dispenser other thanthe person who in fact manufactured, distributed, or dispensed thesubstance;

(8) "Deliver" or "delivery", the actual, constructive, or attemptedtransfer from one person to another of drug paraphernalia or of acontrolled substance, or an imitation controlled substance, whether or notthere is an agency relationship, and includes a sale;

(9) "Dentist", a person authorized by law to practice dentistry inthis state;

(10) "Depressant or stimulant substance":

(a) A drug containing any quantity of barbituric acid or any of thesalts of barbituric acid or any derivative of barbituric acid which hasbeen designated by the United States Secretary of Health and Human Servicesas 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, afterinvestigation, has found to be, and by regulation designated as, habitforming because of its stimulant effect on the central nervous system;

(d) Any drug containing any quantity of a substance that the UnitedStates Attorney General, after investigation, has found to have, and byregulation designated as having, a potential for abuse because of itsdepressant or stimulant effect on the central nervous system or itshallucinogenic effect;

(11) "Dispense", to deliver a narcotic or controlled dangerous drugto an ultimate user or research subject by or pursuant to the lawful orderof a practitioner including the prescribing, administering, packaging,labeling, or compounding necessary to prepare the substance for suchdelivery. "Dispenser" means a practitioner who dispenses;

(12) "Distribute", to deliver other than by administering ordispensing a controlled substance;

(13) "Distributor", a person who distributes;

(14) "Drug":

(a) Substances recognized as drugs in the official United StatesPharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, orOfficial 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;

(d) Substances intended for use as a component of any articlespecified in this subdivision. It does not include devices or theircomponents, parts or accessories;

(15) "Drug-dependent person", a person who is using a controlledsubstance and who is in a state of psychic or physical dependence, or both,arising from the use of such substance on a continuous basis. Drugdependence is characterized by behavioral and other responses which includea strong compulsion to take the substance on a continuous basis in order toexperience its psychic effects or to avoid the discomfort caused by itsabsence;

(16) "Drug enforcement agency", the Drug Enforcement Administrationin the United States Department of Justice, or its successor agency;

(17) "Drug paraphernalia", all equipment, products, substances andmaterials of any kind which are used, intended for use, or designed foruse, in planting, propagating, cultivating, growing, harvesting,manufacturing, compounding, converting, producing, processing, preparing,storing, containing, concealing, injecting, ingesting, inhaling, orotherwise introducing into the human body a controlled substance or animitation 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 plantwhich is a controlled substance or from which a controlled substance can bederived;

(b) Kits used, intended for use, or designed for use inmanufacturing, compounding, converting, producing, processing, or preparingcontrolled substances or imitation controlled substances;

(c) Isomerization devices used, intended for use, or designed for usein increasing the potency of any species of plant which is a controlledsubstance or an imitation controlled substance;

(d) Testing equipment used, intended for use, or designed for use inidentifying, or in analyzing the strength, effectiveness or purity ofcontrolled substances or imitation controlled substances;

(e) Scales and balances used, intended for use, or designed for usein weighing or measuring controlled substances or imitation controlledsubstances;

(f) Dilutents and adulterants, such as quinine hydrochloride,mannitol, mannite, dextrose and lactose, used, intended for use, ordesigned for use in cutting controlled substances or imitation controlledsubstances;

(g) Separation gins and sifters used, intended for use, or designedfor use in removing twigs and seeds from, or in otherwise cleaning orrefining, marijuana;

(h) Blenders, bowls, containers, spoons and mixing devices used,intended for use, or designed for use in compounding controlled substancesor imitation controlled substances;

(i) Capsules, balloons, envelopes and other containers used, intendedfor use, or designed for use in packaging small quantities of controlledsubstances or imitation controlled substances;

(j) Containers and other objects used, intended for use, or designedfor use in storing or concealing controlled substances or imitationcontrolled substances;

(k) Hypodermic syringes, needles and other objects used, intended foruse, or designed for use in parenterally injecting controlled substances orimitation 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 hashishoil into the human body, such as:

a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipeswith or without screens, permanent screens, hashish heads, or puncturedmetal 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 asa marijuana cigarette, that has become too small or too short to be held inthe 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 themanufacture of a controlled substance;

In determining whether an object, product, substance or material is drugparaphernalia, a court or other authority should consider, in addition toall other logically relevant factors, the following:

(a) Statements by an owner or by anyone in control of the objectconcerning its use;

(b) Prior convictions, if any, of an owner, or of anyone in controlof the object, under any state or federal law relating to any controlledsubstance or imitation controlled substance;

(d) The proximity of the object to controlled substances or imitationcontrolled substances;

(e) The existence of any residue of controlled substances orimitation controlled substances on the object;

(f) Direct or circumstantial evidence of the intent of an owner, orof 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 aviolation of sections 195.005 to 195.425; the innocence of an owner, or ofanyone in control of the object, as to direct violation of sections 195.005to 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 objectconcerning its use;

(h) Descriptive materials accompanying the object which explain ordepict 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 alegitimate supplier of like or related items to the community, such as alicensed distributor or dealer of tobacco products;

(l) Direct or circumstantial evidence of the ratio of sales of theobject to the total sales of the business enterprise;

(m) The existence and scope of legitimate uses for the object in thecommunity;

(n) Expert testimony concerning its use;

(o) The quantity, form or packaging of the product, substance ormaterial in relation to the quantity, form or packaging associated with anylegitimate use for the product, substance or material;

(18) "Federal narcotic laws", the laws of the United States relatingto controlled substances;

(19) "Hospital", a place devoted primarily to the maintenance andoperation of facilities for the diagnosis, treatment or care, for not lessthan twenty-four hours in any week, of three or more nonrelated individualssuffering from illness, disease, injury, deformity or other abnormalphysical conditions; or a place devoted primarily to provide, for not lessthan twenty-four consecutive hours in any week, medical or nursing care forthree or more nonrelated individuals. The term "hospital" does not includeconvalescent, 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 tobe and by rule designates as being the principal compound commonly used orproduced primarily for use in the manufacture of a controlled substance;

(b) Is an immediate chemical intermediary used or likely to be usedin the manufacture of a controlled substance; and

(21) "Imitation controlled substance", a substance that is not acontrolled substance, which by dosage unit appearance (including color,shape, size and markings), or by representations made, would lead areasonable 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 otherlogically relevant factors, the following:

(a) Whether the substance was approved by the federal Food and DrugAdministration for over-the-counter (nonprescription or nonlegend) salesand was sold in the federal Food and Drug Administration approved package,with the federal Food and Drug Administration approved labelinginformation;

(b) Statements made by an owner or by anyone else in control of thesubstance concerning the nature of the substance, or its use or effect;

(d) Prior convictions, if any, of an owner, or anyone in control ofthe object, under state or federal law related to controlled substances orfraud;

(e) The proximity of the substances to controlled substances;

(f) Whether the consideration tendered in exchange for thenoncontrolled substance substantially exceeds the reasonable value of thesubstance considering the actual chemical composition of the substance and,where applicable, the price at which over-the-counter substances of likechemical composition sell. An imitation controlled substance does notinclude a placebo or registered investigational drug either of which wasmanufactured, distributed, possessed or delivered in the ordinary course ofprofessional practice or research;

(22) "Laboratory", a laboratory approved by the department of healthand senior services as proper to be entrusted with the custody ofcontrolled substances but does not include a pharmacist who compoundscontrolled substances to be sold or dispensed on prescriptions;

(23) "Manufacture", the production, preparation, propagation,compounding or processing of drug paraphernalia or of a controlledsubstance, or an imitation controlled substance, either directly or byextraction from substances of natural origin, or independently by means ofchemical synthesis, or by a combination of extraction and chemicalsynthesis, and includes any packaging or repackaging of the substance orlabeling or relabeling of its container. This term does not include thepreparation or compounding of a controlled substance or an imitationcontrolled substance or the preparation, compounding, packaging or labelingof a narcotic or dangerous drug:

(a) By a practitioner as an incident to his administering ordispensing of a controlled substance or an imitation controlled substancein 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 chemicalanalysis and not for sale;

(24) "Marijuana", all parts of the plant genus Cannabis in anyspecies or form thereof, including, but not limited to Cannabis Sativa L.,Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and CannabisGigantea, whether growing or not, the seeds thereof, the resin extractedfrom any part of the plant; and every compound, manufacture, salt,derivative, mixture, or preparation of the plant, its seeds or resin. Itdoes not include the mature stalks of the plant, fiber produced from thestalks, 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 thesterilized seed of the plant which is incapable of germination;

(25) "Methamphetamine precursor drug", any drug containing ephedrine,pseudoephedrine, phenylpropanolamine, or any of their salts, opticalisomers, or salts of optical isomers;

(26) "Narcotic drug", any of the following, whether produced directlyor indirectly by extraction from substances of vegetable origin, orindependently by means of chemical synthesis, or by a combination ofextraction and chemical analysis:

(a) Opium, opiate, and any derivative, of opium or opiate, includingtheir isomers, esters, ethers, salts, and salts of isomers, esters, andethers, whenever the existence of the isomers, esters, ethers, and salts ispossible within the specific chemical designation. The term does notinclude the isoquinoline alkaloids of opium;

(b) Coca leaves, but not including extracts of coca leaves from whichcocaine, ecgonine, and derivatives of ecgonine or their salts have beenremoved;

(d) Ecgonine, or any derivative, salt, isomer, or salt of isomerthereof;

(e) Any compound, mixture, or preparation containing any quantity ofany substance referred to in paragraphs (a) to (d) of this subdivision;

(27) "Official written order", an order written on a form providedfor that purpose by the United States Commissioner of Narcotics, under anylaws of the United States making provision therefor, if such order formsare authorized and required by federal law, and if no such order form isprovided, then on an official form provided for that purpose by thedepartment of health and senior services;

(28) "Opiate", any substance having an addiction-forming oraddiction-sustaining liability similar to morphine or being capable ofconversion into a drug having addiction-forming or addiction-sustainingliability. The term includes its racemic and levorotatory forms. It doesnot include, unless specifically controlled under section 195.017, thedextrorotatory 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 tochapter 144, RSMo, of a drug other than a controlled substance;

(31) "Person", an individual, corporation, government or governmentalsubdivision or agency, business trust, estate, trust, partnership, jointventure, association, or any other legal or commercial entity;

(32) "Pharmacist", a licensed pharmacist as defined by the laws ofthis state, and where the context so requires, the owner of a store orother place of business where controlled substances are compounded ordispensed by a licensed pharmacist; but nothing in sections 195.005 to195.425 shall be construed as conferring on a person who is not registerednor licensed as a pharmacist any authority, right or privilege that is notgranted 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 orconstructive possession of the substance. A person has actual possessionif he has the substance on his person or within easy reach and convenientcontrol. A person who, although not in actual possession, has the powerand the intention at a given time to exercise dominion or control over thesubstance either directly or through another person or persons is inconstructive possession of it. Possession may also be sole or joint. Ifone person alone has possession of a substance possession is sole. If twoor more persons share possession of a substance, possession is joint;

(35) "Practitioner", a physician, dentist, optometrist, podiatrist,veterinarian, scientific investigator, pharmacy, hospital or other personlicensed, registered or otherwise permitted by this state to distribute,dispense, conduct research with respect to or administer or to use inteaching or chemical analysis, a controlled substance in the course ofprofessional practice or research in this state, or a pharmacy, hospital orother institution licensed, registered, or otherwise permitted todistribute, dispense, conduct research with respect to or administer acontrolled 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 substanceor an imitation controlled substance;

(37) "Registry number", the number assigned to each person registeredunder 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, includesany state, district, commonwealth, territory, insular possession thereof,and any area subject to the legal authority of the United States ofAmerica;

(40) "Ultimate user", a person who lawfully possesses a controlledsubstance or an imitation controlled substance for his own use or for theuse of a member of his household or for administering to an animal owned byhim or by a member of his household;

(41) "Wholesaler", a person who supplies drug paraphernalia orcontrolled substances or imitation controlled substances that he himselfhas not produced or prepared, on official written orders, but not onprescriptions.

(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).