2009 Missouri Revised Statutes
Title XII PUBLIC HEALTH AND WELFARE
Chapter 195 Drug Regulations
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)

(1991) Where defendant was sentenced to thirty years imprisonment for selling marijuana, defendant was entitled to benefit of change in statute which was made after trial, which lowered maximum punishment to fifteen years imprisonment. State v. Griffin, 810 S.W.2d 956 (Mo.App.)

(1993) Offense of possession of controlled substance under section 195.202, RSMo, is not lesser included offense of manufacture of controlled substance under this section. State v. Polk, 864 S.W.2d 1 (Mo.App.W.D.).

(1997) Mere presence of defendant on premises accessible to the public where contraband is found is insufficient to show drug possession. State v. Condict, 952 S.W.2d 784 (Mo.App.S.D.).