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

Distribution, delivery, manufacture or production of a controlledsubstance, violations and attempted violations, penalty.

195.211. 1. Except as authorized by sections 195.005 to 195.425 andexcept as provided in section 195.222, it is unlawful for any person todistribute, deliver, manufacture, produce or attempt to distribute, deliver,manufacture or produce a controlled substance or to possess with intent todistribute, deliver, manufacture, or produce a controlled substance.

2. Any person who violates or attempts to violate this section withrespect to manufacturing or production of a controlled substance of any amountexcept for five grams or less of marijuana in a residence where a childresides or within two thousand feet of the real property comprising a publicor private elementary or public or private elementary or secondary school,public vocational school or a public or private community college, college oruniversity, or any school bus is guilty of a class A felony.

3. Any person who violates or attempts to violate this section withrespect to any controlled substance except five grams or less of marijuana isguilty of a class B felony.

4. Any person who violates this section with respect to distributing ordelivering not more than five grams of marijuana is guilty of a class Cfelony.

(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.).