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.

Terms Used In Missouri Laws 195.211

  • Controlled substance: a drug, substance, or immediate precursor in Schedules I through V listed in this chapter. See Missouri Laws 195.010
  • Deliver: or "delivery" the actual, constructive, or attempted transfer from one person to another of drug paraphernalia or of a controlled substance, or an imitation controlled substance, whether or not there is an agency relationship, and includes a sale. See Missouri Laws 195.010
  • Distribute: to deliver other than by administering or dispensing a controlled substance. See Missouri Laws 195.010
  • felony: A crime carrying a penalty of more than a year in prison.
  • Manufacture: the production, preparation, propagation, compounding or processing of drug paraphernalia or of a controlled substance, or an imitation controlled substance, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. See Missouri Laws 195.010
  • Marijuana: all parts of the plant genus Cannabis in any species or form thereof, including, but not limited to Cannabis Sativa L. See Missouri Laws 195.010
  • Person: an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity. See Missouri Laws 195.010
  • Production: includes the manufacture, planting, cultivation, growing, or harvesting of drug paraphernalia or of a controlled substance or an imitation controlled substance. See Missouri Laws 195.010
  • Property: includes real and personal property. See Missouri Laws 1.020
  • Real property: or "premises" or "real estate" or "lands" is coextensive with lands, tenements and hereditaments. See Missouri Laws 1.020

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. 2003S.B. 39)

Transferred 2014; now 579.055; Effective 1-01-17