EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 451
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
0096S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 579.030, 579.055, and 579.065, RSMo, and to enact in lieu thereof three new
sections relating to drug offenses involving persons under twenty-two years of age,
with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 579.030, 579.055, and 579.065, RSMo, 1
are repealed and three new sections enacted in lieu thereof, to 2
be known as sections 579.030, 579.055, and 579.065, to read as 3
follows:4
579.030. 1. A person commits the offense of 1
distribution of a controlled substance in a protected 2
location if he or she knowingly distrib utes, sells, or 3
delivers any controlled substance, except thirty -five grams 4
or less of marijuana or synthetic cannabinoid, to a person 5
under twenty-two years of age with knowledge that that 6
distribution, delivery or sale is: 7
(1) In, on, or within two thousand feet of, the real 8
property comprising a public or private elementary, 9
vocational, or secondary school, or on any school bus; or 10
(2) In, on, or within one thousand feet of, the real 11
property comprising a public park, state park, count y park, 12
municipal park, or private park designed for public 13
recreational purposes, as park is defined in section 14
253.010; or 15 SB 451 2
(3) In or on the real property comprising public 16
housing or other governmental assisted housing. 17
2. The offense of unlawful distribution of a 18
controlled substance to a person under twenty -two years of 19
age in a protected location is a class A felony. 20
3. This offense shall not apply if the offense is 21
committed by a person under twenty -two years of age. 22
579.055. 1. A person commits the offense of 1
manufacture of a controlled substance if, except as 2
authorized in this chapter or chapter 195, he or she: 3
(1) Knowingly manufactures, produces, or grows a 4
controlled substance; 5
(2) Attempts to manufacture, produce, or grow a 6
controlled substance; or 7
(3) Knowingly possesses a controlled substance with 8
the intent to manufacture, produce, or grow any amount of 9
controlled substance. 10
2. The offense of manufacturing or attempting to 11
manufacture any amount of controlled substance is a class B 12
felony when committed within two thousand feet of the real 13
property comprising a public or private elementary, 14
vocational, or secondary school, community college, college, 15
or university[. It] and when the person involves another 16
person under twenty-two years of age while committing such 17
offense. This subsection shall not apply when the offense 18
is committed by a person under twenty -two years of age. 19
3. The offense of manufacturing or attempting to 20
manufacture any amount of a controlled substance is a class 21
A felony if a person has suffered serious physical injury or 22
has died as a result of a fire or explosion started in an 23
attempt by the defendant to produce methamp hetamine. 24 SB 451 3
[3.] 4. The offense of manufacturing or attempting to 25
manufacture any amount of a controlled substance, except 26
thirty-five grams or less of marijuana or synthetic 27
cannabinoid, is a class C felony. 28
[4.] 5. The offense of manufacturi ng thirty-five grams 29
or less of marijuana or synthetic cannabinoid is a class E 30
felony. 31
579.065. 1. A person commits the offense of 1
trafficking drugs in the first degree if, except as 2
authorized by this chapter or chapter 195, such person 3
knowingly distributes, delivers, manufactures, produces or 4
attempts to distribute, deliver, manufacture or produce: 5
(1) More than thirty grams of a mixture or substance 6
containing a detectable amount of heroin; 7
(2) More than one hundred fifty grams of a mixture or 8
substance containing a detectable amount of coca leaves, 9
except coca leaves and extracts of coca leaves from which 10
cocaine, ecgonine, and derivatives of ecgonine or their 11
salts have been removed; cocaine salts and their optical and 12
geometric isomers, and salts of isomers; ecgonine, its 13
derivatives, their salts, isomers, and salts of isomers; or 14
any compound, mixture, or preparation which contains any 15
quantity of any of the foregoing substances; 16
(3) More than five hundred milligrams of a mixture or 17
substance containing a detectable amount of lysergic acid 18
diethylamide (LSD); 19
(4) More than thirty grams of a mixture or substance 20
containing a detectable amount of phencyclidine (PCP); 21
(5) More than four grams of phencyclidine; 22
(6) More than thirty kilograms of a mixture or 23
substance containing marijuana; 24 SB 451 4
(7) More than thirty grams of any material, compound, 25
mixture, or preparation containing any quantity of the 26
following substances having a stimulant effect on the 27
central nervous system: amphetamine, its salts, optical 28
isomers and salts of its optical isomers; methamphetamine, 29
its salts, optical isomers and salts of its optical isomers; 30
phenmetrazine and its salts; or methylphenidate; 31
(8) More than thirty grams of any material, compound, 32
mixture, or preparation which contains any quantity of 3,4 - 33
methylenedioxymethamphetamine; 34
(9) One gram or more of flunitrazepam for the first 35
offense; 36
(10) Any amount of gamma-hydroxybutyric acid for the 37
first offense; or 38
(11) More than ten milligrams of fentanyl or 39
carfentanil, or any derivative thereof, or any combination 40
thereof, or any compound, mixture, or substance containing a 41
detectable amount of fentanyl or carfent anil, or their 42
optical isomers or analogues. 43
2. The offense of trafficking drugs in the first 44
degree is a class B felony. 45
3. The offense of trafficking drugs in the first 46
degree is a class A felony if the quantity involved is: 47
(1) Ninety grams or more of a mixture or substance 48
containing a detectable amount of heroin; or 49
(2) Four hundred fifty grams or more of a mixture or 50
substance containing a detectable amount of coca leaves, 51
except coca leaves and extracts of coca leaves fr om which 52
cocaine, ecgonine, and derivatives of ecgonine or their 53
salts have been removed; cocaine salts and their optical and 54
geometric isomers, and salts of isomers; ecgonine, its 55
derivatives, their salts, isomers, and salts of isomers; or 56 SB 451 5
any compound, mixture, or preparation which contains any 57
quantity of any of the foregoing substances; or 58
(3) One gram or more of a mixture or substance 59
containing a detectable amount of lysergic acid diethylamide 60
(LSD); or 61
(4) Ninety grams or more of a mixture or substance 62
containing a detectable amount of phencyclidine (PCP); or 63
(5) Twelve grams or more of phencyclidine; or 64
(6) One hundred kilograms or more of a mixture or 65
substance containing marijuana; or 66
(7) Ninety grams or more of any material, compound, 67
mixture, or preparation containing any quantity of the 68
following substances having a stimulant effect on the 69
central nervous system: amphetamine, its salts, optical 70
isomers and salts of its optical isomers; methamphetamine, 71
its salts, optical isomers and salts of its optical isomers; 72
phenmetrazine and its salts; or methylphenidate; or 73
(8) More than thirty grams of any material, compound, 74
mixture, or preparation containing any quantity of the 75
following substances ha ving a stimulant effect on the 76
central nervous system: amphetamine, its salts, optical 77
isomers, and salts of its optical isomers; methamphetamine, 78
its salts, optical isomers, and salts of its optical 79
isomers; phenmetrazine and its salts; or methylphen idate, 80
and the location of the offense was within two thousand feet 81
of real property comprising a public or private elementary, 82
vocational, or secondary school, college, community college, 83
university, or any school bus, in or on the real property 84
comprising public housing or any other governmental assisted 85
housing, or within a motor vehicle, or in any structure or 86
building which contains rooms furnished for the 87
accommodation or lodging of guests, and kept, used, 88 SB 451 6
maintained, advertised, or held out to the public as a place 89
where sleeping accommodations are sought for pay or 90
compensation to transient guests or permanent guests; or 91
(9) Ninety grams or more of any material, compound, 92
mixture or preparation which contains any quantity of 3,4 - 93
methylenedioxymethamphetamine; or 94
(10) More than thirty grams of any material, compound, 95
mixture, or preparation which contains any quantity of 3,4 - 96
methylenedioxymethamphetamine and the location of the 97
offense was within two thousand feet of real pr operty 98
comprising a public or private elementary, vocational, or 99
secondary school, college, community college, university, or 100
any school bus, in or on the real property comprising public 101
housing or any other governmental assisted housing, within a 102
motor vehicle, or in any structure or building which 103
contains rooms furnished for the accommodation or lodging of 104
guests, and kept, used, maintained, advertised, or held out 105
to the public as a place where sleeping accommodations are 106
sought for pay or comp ensation to transient guests or 107
permanent guests; and the person distributes the drugs to a 108
person under twenty-two years of age; or 109
(11) One gram or more of flunitrazepam for a second or 110
subsequent offense; or 111
(12) Any amount of gamma-hydroxybutyric acid for a 112
second or subsequent offense; or 113
(13) Twenty milligrams or more of fentanyl or 114
carfentanil, or any derivative thereof, or any combination 115
thereof, or any compound, mixture, or substance containing a 116
detectable amount of fenta nyl or carfentanil, or their 117
optical isomers or analogues. 118 SB 451 7
4. Subdivision (10) of subsection 3 of this section 119
shall not apply when the offense is committed by a person 120
under twenty-two years of age. 121