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Missouri Laws 195.211 - Distribution, delivery, manufacture or production of a controlled substance, violations and attempted violations, penalty

195.211. 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 community 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)

Comments (2)add comment
Karen: ...
My son was arrested in 10-2011 for possession of 1/2 lb. of marijuana with intent to sell. He cooperated with the law officers and aided them in busting another person for drug possession. He cooperated fully with the authorities and gave them multiple names of people using drugs. The officers used my son as a decoy to set up a drug bust. They told my son at the time that his arrest never took place so he thought he was off the hook. Now it is January 2013 and the prosecuting attorney in our town filed charges against for drug delivery, production and or manufacturing of drugs in the state of Missouri. He has been charged with a class B felony. What should he do?
1

January 04, 2013
Steven Daily: ...
Karen,

It is not unusual or surprising that someone arrested for a crime who cooperates with the police is nonetheless prosecuted. Normally the fact that he cooperated is pointed out by the prosecution and the defense during sentencing as an argument for leniency by the court.

As for the police having said the arrest "never took place," I'm not sure that that has any bearing on the situation. Nothing the police say can alter the fact that he was arrested. It does not sound like he was promised immunity from prosecution in exchange for his cooperation.

Your son should retain an experienced defense attorney to help him deal with these charges.

Steve Daily
LawServer.com
2

January 25, 2013

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