Section 579.020

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 579

Effective - 01 Jan 2017, see footnote   

  579.020.  Delivery of a controlled substance — penalties. — 1.  A person commits the offense of delivery of a controlled substance if, except as authorized in this chapter or chapter 195, he or she:

  (1)  Knowingly distributes or delivers a controlled substance;

  (2)  Attempts to distribute or deliver a controlled substance;

  (3)  Knowingly possesses a controlled substance with the intent to distribute or deliver any amount of a controlled substance; or

  (4)  Knowingly permits a minor to purchase or transport illegally obtained controlled substances.

  2.  Except when the controlled substance is thirty-five grams or less of marijuana or synthetic cannabinoid or as otherwise provided under subsection 5 of this section, the offense of delivery of a controlled substance is a class C felony.

  3.  Except as otherwise provided under subsection 4 of this section, the offense of delivery of thirty-five grams or less of marijuana or synthetic cannabinoid is a class E felony.

  4.  The offense of delivery of thirty-five grams or less of marijuana or synthetic cannabinoid to a person less than seventeen years of age who is at least two years younger than the defendant is a class C felony.

  5.  The offense of delivery of a controlled substance is a class B felony if:

  (1)  The delivery or distribution is any amount of a controlled substance except thirty-five grams or less of marijuana or synthetic cannabinoid, to a person less than seventeen years of age who is at least two years younger than the defendant; or

  (2)  The person knowingly permits a minor to purchase or transport illegally obtained controlled substances.

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(L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491)

Transferred 2014; formerly 195.212; Effective 1-01-17