HOUSE BILL NO. 1625 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HALEY.
5279H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 579.065 and 579.068, RSMo, and to enact in lieu thereof two new sections relating to offenses involving the trafficking of drugs, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 579.065 and 579.068, RSMo, are repealed and two new sections 2 enacted in lieu thereof, to be known as sections 579.065 and 579.068, to read as follows: 579.065. 1. A person commits the offense of trafficking drugs in the first degree if, 2 except as authorized by this chapter or chapter 195, such person knowingly distributes, 3 delivers, manufactures, produces or attempts to distribute, deliver, manufacture or produce: 4 (1) More than thirty grams of a mixture or substance containing a detectable amount 5 of heroin; 6 (2) More than one hundred fifty grams of a mixture or substance containing a 7 detectable amount of coca leaves, except coca leaves and extracts of coca leaves from which 8 cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine salts 9 and their optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their 10 salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains 11 any quantity of any of the foregoing substances; 12 (3) More than five hundred milligrams of a mixture or substance containing a 13 detectable amount of lysergic acid diethylamide (LSD); 14 (4) More than thirty grams of a mixture or substance containing a detectable amount 15 of phencyclidine (PCP); 16 (5) More than four grams of phencyclidine; 17 (6) More than thirty kilograms of a mixture or substance containing marijuana;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1625 2
18 (7) More than thirty grams of any material, compound, mixture, or preparation 19 containing any quantity of the following substances having a stimulant effect on the central 20 nervous system: amphetamine, its salts, optical isomers and salts of its optical isomers; 21 methamphetamine, its salts, optical isomers and salts of its optical isomers; phenmetrazine 22 and its salts; or methylphenidate; 23 (8) More than thirty grams of any material, compound, mixture, or preparation which 24 contains any quantity of 3,4-methylenedioxymethamphetamine; 25 (9) One gram or more of flunitrazepam for the first offense; 26 (10) Any amount of gamma-hydroxybutyric acid for the first offense; [or] 27 (11) More than [ten] three milligrams of fentanyl [or carfentanil], or any derivative 28 thereof, [or any combination thereof,] or any compound, mixture, or substance containing a 29 detectable amount of fentanyl [or carfentanil], or [their] its optical isomers or analogues; or 30 (12) Any amount of carfentanil. 31 2. The offense of trafficking drugs in the first degree is a class B felony. 32 3. The offense of trafficking drugs in the first degree is a class A felony if the quantity 33 involved is: 34 (1) Ninety grams or more of a mixture or substance containing a detectable amount of 35 heroin; or 36 (2) Four hundred fifty grams or more of a mixture or substance containing a 37 detectable amount of coca leaves, except coca leaves and extracts of coca leaves from which 38 cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine salts 39 and their optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their 40 salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains 41 any quantity of any of the foregoing substances; or 42 (3) One gram or more of a mixture or substance containing a detectable amount of 43 lysergic acid diethylamide (LSD); or 44 (4) Ninety grams or more of a mixture or substance containing a detectable amount of 45 phencyclidine (PCP); or 46 (5) Twelve grams or more of phencyclidine; or 47 (6) One hundred kilograms or more of a mixture or substance containing marijuana; 48 or 49 (7) Ninety grams or more of any material, compound, mixture, or preparation 50 containing any quantity of the following substances having a stimulant effect on the central 51 nervous system: amphetamine, its salts, optical isomers and salts of its optical isomers; 52 methamphetamine, its salts, optical isomers and salts of its optical isomers; phenmetrazine 53 and its salts; or methylphenidate; or HB 1625 3
54 (8) More than thirty grams of any material, compound, mixture, or preparation 55 containing any quantity of the following substances having a stimulant effect on the central 56 nervous system: amphetamine, its salts, optical isomers, and salts of its optical isomers; 57 methamphetamine, its salts, optical isomers, and salts of its optical isomers; phenmetrazine 58 and its salts; or methylphenidate, and the location of the offense was within two thousand feet 59 of real property comprising a public or private elementary, vocational, or secondary school, 60 college, community college, university, or any school bus, in or on the real property 61 comprising public housing or any other governmental assisted housing, or within a motor 62 vehicle, or in any structure or building which contains rooms furnished for the 63 accommodation or lodging of guests, and kept, used, maintained, advertised, or held out to 64 the public as a place where sleeping accommodations are sought for pay or compensation to 65 transient guests or permanent guests; or 66 (9) Ninety grams or more of any material, compound, mixture or preparation which 67 contains any quantity of 3,4-methylenedioxymethamphetamine; or 68 (10) More than thirty grams of any material, compound, mixture, or preparation 69 which contains any quantity of 3,4-methylenedioxymethamphetamine and the location of the 70 offense was within two thousand feet of real property comprising a public or private 71 elementary, vocational, or secondary school, college, community college, university, or any 72 school bus, in or on the real property comprising public housing or any other governmental 73 assisted housing, within a motor vehicle, or in any structure or building which contains rooms 74 furnished for the accommodation or lodging of guests, and kept, used, maintained, advertised, 75 or held out to the public as a place where sleeping accommodations are sought for pay or 76 compensation to transient guests or permanent guests; or 77 (11) One gram or more of flunitrazepam for a second or subsequent offense; or 78 (12) Any amount of gamma-hydroxybutyric acid for a second or subsequent offense; 79 or 80 (13) [Twenty] Fourteen milligrams or more of fentanyl [or carfentanil], or any 81 derivative thereof, [or any combination thereof,] or any compound, mixture, or substance 82 containing a detectable amount of fentanyl [or carfentanil], or [their] its optical isomers or 83 analogues; or 84 (14) More than five hundredths of a milligram of carfentanil. 579.068. 1. A person commits the offense of trafficking drugs in the second degree 2 if, except as authorized by this chapter or chapter 195, such person knowingly possesses or 3 has under his or her control, purchases or attempts to purchase, or brings into this state: 4 (1) More than thirty grams of a mixture or substance containing a detectable amount 5 of heroin; HB 1625 4
6 (2) More than one hundred fifty grams of a mixture or substance containing a 7 detectable amount of coca leaves, except coca leaves and extracts of coca leaves from which 8 cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine salts 9 and their optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their 10 salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains 11 any quantity of any of the foregoing substances; 12 (3) More than five hundred milligrams of a mixture or substance containing a 13 detectable amount of lysergic acid diethylamide (LSD); 14 (4) More than thirty grams of a mixture or substance containing a detectable amount 15 of phencyclidine (PCP); 16 (5) More than four grams of phencyclidine; 17 (6) More than thirty kilograms of a mixture or substance containing marijuana; 18 (7) More than thirty grams of any material, compound, mixture, or preparation 19 containing any quantity of the following substances having a stimulant effect on the central 20 nervous system: amphetamine, its salts, optical isomers and salts of its optical isomers; 21 methamphetamine, its salts, optical isomers and salts of its optical isomers; phenmetrazine 22 and its salts; or methylphenidate; 23 (8) More than thirty grams of any material, compound, mixture, or preparation which 24 contains any quantity of 3,4-methylenedioxymethamphetamine; [or] 25 (9) More than [ten] three milligrams of fentanyl [or carfentanil], or any derivative 26 thereof, [or any combination thereof,] or any compound, mixture, or substance containing a 27 detectable amount of fentanyl [or carfentanil], or [their] its optical isomers or analogues; or 28 (10) Any amount of carfentanil. 29 2. The offense of trafficking drugs in the second degree is a class C felony. 30 3. The offense of trafficking drugs in the second degree is a class B felony if the 31 quantity involved is: 32 (1) Ninety grams or more of a mixture or substance containing a detectable amount of 33 heroin; or 34 (2) Four hundred fifty grams or more of a mixture or substance containing a 35 detectable amount of coca leaves, except coca leaves and extracts of coca leaves from which 36 cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine salts 37 and their optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their 38 salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains 39 any quantity of any of the foregoing substances; or 40 (3) One gram or more of a mixture or substance containing a detectable amount of 41 lysergic acid diethylamide (LSD); or HB 1625 5
42 (4) Ninety grams or more of a mixture or substance containing a detectable amount of 43 phencyclidine (PCP); or 44 (5) Twelve grams or more of phencyclidine; or 45 (6) One hundred kilograms or more of a mixture or substance containing marijuana; 46 or 47 (7) More than five hundred marijuana plants; or 48 (8) Ninety grams or more but less than four hundred fifty grams of any material, 49 compound, mixture, or preparation containing any quantity of the following substances 50 having a stimulant effect on the central nervous system: amphetamine, its salts, optical 51 isomers and salts of its optical isomers; methamphetamine, its salts, optical isomers and salts 52 of its optical isomers; phenmetrazine and its salts; or methylphenidate; or 53 (9) Ninety grams or more but less than four hundred fifty grams of any material, 54 compound, mixture, or preparation which contains any quantity of 3,4- 55 methylenedioxymethamphetamine; or 56 (10) [Twenty] Fourteen milligrams or more of fentanyl [or carfentanil], or any 57 derivative thereof, [or any combination thereof,] or any compound, mixture, or substance 58 containing a detectable amount of fentanyl [or carfentanil], or [their] its optical isomers or 59 analogues; or 60 (11) More than five hundredths of a milligram of carfentanil. 61 4. The offense of trafficking drugs in the second degree is a class A felony if the 62 quantity involved is four hundred fifty grams or more of any material, compound, mixture or 63 preparation which contains: 64 (1) Any quantity of the following substances having a stimulant effect on the central 65 nervous system: amphetamine, its salts, optical isomers and salts of its optical isomers; 66 methamphetamine, its salts, isomers and salts of its isomers; phenmetrazine and its salts; or 67 methylphenidate; or 68 (2) Any quantity of 3,4-methylenedioxymethamphetamine. 69 5. The offense of drug trafficking in the second degree is a class C felony for the first 70 offense and a class B felony for any second or subsequent offense for the trafficking of less 71 than one gram of flunitrazepam. ✔
Statutes affected: