State Codes and Statutes

Statutes > Missouri > T12 > C195 > 195_222

Trafficking drugs, first degree--penalty.

195.222. 1. A person commits the crime of trafficking drugs in thefirst degree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than thirty grams of a mixture orsubstance containing a detectable amount of heroin. 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 sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is ninety grams or more the person shallbe sentenced to the authorized term of imprisonment for a class A felonywhich term shall be served without probation or parole.

2. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than one hundred fifty grams of amixture or substance containing a detectable amount of coca leaves, exceptcoca leaves and extracts of coca leaves from which cocaine, ecgonine, andderivatives of ecgonine or their salts have been removed; cocaine salts andtheir optical 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 sentenced to theauthorized term of imprisonment for a class A felony;

(2) If the quantity involved is four hundred fifty grams or more theperson shall be sentenced to the authorized term of imprisonment for aclass A felony which term shall be served without probation or parole.

3. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than two grams of a mixture orsubstance described in subsection 2 of this section which contains cocainebase. 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 sentenced to the authorized term of imprisonmentfor a class A felony;

(2) If the quantity involved is six grams or more the person shall besentenced to the authorized term of imprisonment for a class A felony whichterm shall be served without probation or parole.

4. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than five hundred milligrams of amixture or substance containing a detectable amount of lysergic aciddiethylamide (LSD). Violations of this subsection shall be punished asfollows:

(1) If the quantity involved is more than five hundred milligrams butless than one gram the person shall be sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is one gram or more the person shall besentenced to the authorized term of imprisonment for a class A felony whichterm shall be served without probation or parole.

5. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than thirty grams of a mixture orsubstance 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 thanninety grams the person shall be sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is ninety grams or more the person shallbe sentenced to the authorized term of imprisonment for a class A felonywhich term shall be served without probation or parole.

6. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce 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 thantwelve grams the person shall be sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is twelve grams or more the person shallbe sentenced to the authorized term of imprisonment for a class A felonywhich term shall be served without probation or parole.

7. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than thirty kilograms 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 sentenced to the authorizedterm of imprisonment for a class A felony;

(2) If the quantity involved is one hundred kilograms or more theperson shall be sentenced to the authorized term of imprisonment for aclass A felony which term shall be served without probation or parole.

8. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than thirty grams of any material,compound, mixture or preparation which contains any quantity of thefollowing substances having a stimulant effect on the central nervoussystem: amphetamine, its salts, optical isomers and salts of its opticalisomers; methamphetamine, its salts, optical isomers and salts of itsoptical isomers; phenmetrazine and its salts; or methylphenidate.Violations of this subsection or attempts to violate this subsection shallbe punished as follows:

(1) If the quantity involved is more than thirty grams but less thanninety grams the person shall be sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is ninety grams or more, or if thequantity involved was thirty grams or more and the location of the offensewas within two thousand feet of a school or public housing as defined insection 195.214 or section 195.218 or within a motor vehicle, or anystructure or building which contains rooms furnished for the accommodationor lodging of guests, and kept, used, maintained, advertised, or held outto the public as a place where sleeping accommodations are sought for payor compensation to transient guests or permanent guests, the person shallbe sentenced to the authorized term of imprisonment for a class A felonywhich term shall be served without probation or parole.

9. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, he or shedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce 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 sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is ninety grams or more, or if thequantity involved was thirty grams or more and the location of the offensewas within two thousand feet of a school or public housing as defined insection 195.214 or section 195.218 or within a motor vehicle, or anystructure or building which contains rooms furnished for the accommodationor lodging of guests, and kept, used, maintained, advertised, or held outto the public as a place where sleeping accommodations are sought for payor compensation to transient guests or permanent guests, the person shallbe sentenced to the authorized term of imprisonment for a class A felonywhich term 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)

CROSS REFERENCE:

No bail, certain defendants, certain offenses, RSMo 544.671

State Codes and Statutes

Statutes > Missouri > T12 > C195 > 195_222

Trafficking drugs, first degree--penalty.

195.222. 1. A person commits the crime of trafficking drugs in thefirst degree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than thirty grams of a mixture orsubstance containing a detectable amount of heroin. 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 sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is ninety grams or more the person shallbe sentenced to the authorized term of imprisonment for a class A felonywhich term shall be served without probation or parole.

2. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than one hundred fifty grams of amixture or substance containing a detectable amount of coca leaves, exceptcoca leaves and extracts of coca leaves from which cocaine, ecgonine, andderivatives of ecgonine or their salts have been removed; cocaine salts andtheir optical 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 sentenced to theauthorized term of imprisonment for a class A felony;

(2) If the quantity involved is four hundred fifty grams or more theperson shall be sentenced to the authorized term of imprisonment for aclass A felony which term shall be served without probation or parole.

3. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than two grams of a mixture orsubstance described in subsection 2 of this section which contains cocainebase. 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 sentenced to the authorized term of imprisonmentfor a class A felony;

(2) If the quantity involved is six grams or more the person shall besentenced to the authorized term of imprisonment for a class A felony whichterm shall be served without probation or parole.

4. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than five hundred milligrams of amixture or substance containing a detectable amount of lysergic aciddiethylamide (LSD). Violations of this subsection shall be punished asfollows:

(1) If the quantity involved is more than five hundred milligrams butless than one gram the person shall be sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is one gram or more the person shall besentenced to the authorized term of imprisonment for a class A felony whichterm shall be served without probation or parole.

5. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than thirty grams of a mixture orsubstance 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 thanninety grams the person shall be sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is ninety grams or more the person shallbe sentenced to the authorized term of imprisonment for a class A felonywhich term shall be served without probation or parole.

6. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce 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 thantwelve grams the person shall be sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is twelve grams or more the person shallbe sentenced to the authorized term of imprisonment for a class A felonywhich term shall be served without probation or parole.

7. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than thirty kilograms 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 sentenced to the authorizedterm of imprisonment for a class A felony;

(2) If the quantity involved is one hundred kilograms or more theperson shall be sentenced to the authorized term of imprisonment for aclass A felony which term shall be served without probation or parole.

8. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than thirty grams of any material,compound, mixture or preparation which contains any quantity of thefollowing substances having a stimulant effect on the central nervoussystem: amphetamine, its salts, optical isomers and salts of its opticalisomers; methamphetamine, its salts, optical isomers and salts of itsoptical isomers; phenmetrazine and its salts; or methylphenidate.Violations of this subsection or attempts to violate this subsection shallbe punished as follows:

(1) If the quantity involved is more than thirty grams but less thanninety grams the person shall be sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is ninety grams or more, or if thequantity involved was thirty grams or more and the location of the offensewas within two thousand feet of a school or public housing as defined insection 195.214 or section 195.218 or within a motor vehicle, or anystructure or building which contains rooms furnished for the accommodationor lodging of guests, and kept, used, maintained, advertised, or held outto the public as a place where sleeping accommodations are sought for payor compensation to transient guests or permanent guests, the person shallbe sentenced to the authorized term of imprisonment for a class A felonywhich term shall be served without probation or parole.

9. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, he or shedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce 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 sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is ninety grams or more, or if thequantity involved was thirty grams or more and the location of the offensewas within two thousand feet of a school or public housing as defined insection 195.214 or section 195.218 or within a motor vehicle, or anystructure or building which contains rooms furnished for the accommodationor lodging of guests, and kept, used, maintained, advertised, or held outto the public as a place where sleeping accommodations are sought for payor compensation to transient guests or permanent guests, the person shallbe sentenced to the authorized term of imprisonment for a class A felonywhich term 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)

CROSS REFERENCE:

No bail, certain defendants, certain offenses, RSMo 544.671


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T12 > C195 > 195_222

Trafficking drugs, first degree--penalty.

195.222. 1. A person commits the crime of trafficking drugs in thefirst degree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than thirty grams of a mixture orsubstance containing a detectable amount of heroin. 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 sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is ninety grams or more the person shallbe sentenced to the authorized term of imprisonment for a class A felonywhich term shall be served without probation or parole.

2. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than one hundred fifty grams of amixture or substance containing a detectable amount of coca leaves, exceptcoca leaves and extracts of coca leaves from which cocaine, ecgonine, andderivatives of ecgonine or their salts have been removed; cocaine salts andtheir optical 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 sentenced to theauthorized term of imprisonment for a class A felony;

(2) If the quantity involved is four hundred fifty grams or more theperson shall be sentenced to the authorized term of imprisonment for aclass A felony which term shall be served without probation or parole.

3. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than two grams of a mixture orsubstance described in subsection 2 of this section which contains cocainebase. 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 sentenced to the authorized term of imprisonmentfor a class A felony;

(2) If the quantity involved is six grams or more the person shall besentenced to the authorized term of imprisonment for a class A felony whichterm shall be served without probation or parole.

4. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than five hundred milligrams of amixture or substance containing a detectable amount of lysergic aciddiethylamide (LSD). Violations of this subsection shall be punished asfollows:

(1) If the quantity involved is more than five hundred milligrams butless than one gram the person shall be sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is one gram or more the person shall besentenced to the authorized term of imprisonment for a class A felony whichterm shall be served without probation or parole.

5. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than thirty grams of a mixture orsubstance 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 thanninety grams the person shall be sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is ninety grams or more the person shallbe sentenced to the authorized term of imprisonment for a class A felonywhich term shall be served without probation or parole.

6. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce 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 thantwelve grams the person shall be sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is twelve grams or more the person shallbe sentenced to the authorized term of imprisonment for a class A felonywhich term shall be served without probation or parole.

7. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than thirty kilograms 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 sentenced to the authorizedterm of imprisonment for a class A felony;

(2) If the quantity involved is one hundred kilograms or more theperson shall be sentenced to the authorized term of imprisonment for aclass A felony which term shall be served without probation or parole.

8. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, hedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce more than thirty grams of any material,compound, mixture or preparation which contains any quantity of thefollowing substances having a stimulant effect on the central nervoussystem: amphetamine, its salts, optical isomers and salts of its opticalisomers; methamphetamine, its salts, optical isomers and salts of itsoptical isomers; phenmetrazine and its salts; or methylphenidate.Violations of this subsection or attempts to violate this subsection shallbe punished as follows:

(1) If the quantity involved is more than thirty grams but less thanninety grams the person shall be sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is ninety grams or more, or if thequantity involved was thirty grams or more and the location of the offensewas within two thousand feet of a school or public housing as defined insection 195.214 or section 195.218 or within a motor vehicle, or anystructure or building which contains rooms furnished for the accommodationor lodging of guests, and kept, used, maintained, advertised, or held outto the public as a place where sleeping accommodations are sought for payor compensation to transient guests or permanent guests, the person shallbe sentenced to the authorized term of imprisonment for a class A felonywhich term shall be served without probation or parole.

9. A person commits the crime of trafficking drugs in the firstdegree if, except as authorized by sections 195.005 to 195.425, he or shedistributes, delivers, manufactures, produces or attempts to distribute,deliver, manufacture or produce 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 sentenced to the authorized term ofimprisonment for a class A felony;

(2) If the quantity involved is ninety grams or more, or if thequantity involved was thirty grams or more and the location of the offensewas within two thousand feet of a school or public housing as defined insection 195.214 or section 195.218 or within a motor vehicle, or anystructure or building which contains rooms furnished for the accommodationor lodging of guests, and kept, used, maintained, advertised, or held outto the public as a place where sleeping accommodations are sought for payor compensation to transient guests or permanent guests, the person shallbe sentenced to the authorized term of imprisonment for a class A felonywhich term 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)

CROSS REFERENCE:

No bail, certain defendants, certain offenses, RSMo 544.671