Effective - 01 Jan 2017
579.074. Unlawful possession of drug paraphernalia — penalty. — 1. A person commits the offense of unlawful possession of drug paraphernalia if he or she knowingly uses, or possesses with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, a controlled substance or an imitation controlled substance in violation of this chapter or chapter 195.
2. The offense of unlawful possession of drug paraphernalia is a class D misdemeanor, unless the person has previously been found guilty of any offense of the laws of this state related to controlled substances or of the laws of another jurisdiction related to controlled substances, in which case the violation of this section is a class A misdemeanor. Prior findings of guilt shall be pleaded and proven in the same manner as required by section 558.021.
3. The offense of unlawful possession of drug paraphernalia is a class E felony if the person uses, or possesses with intent to use, the paraphernalia in combination with each other to manufacture, compound, produce, prepare, test, or analyze amphetamine or methamphetamine or any of their analogues.
--------
(L. 1989 S.B. 215 & 58, A.L. 1998 H.B. 1147, et al., A.L. 2014 S.B. 491)
Transferred 2014; formerly 195.233; Effective 1-01-17
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 579 - Controlled Substance Offenses
Section 579.015 - Possession or control of a controlled substance — penalty.
Section 579.020 - Delivery of a controlled substance — penalties.
Section 579.030 - Distribution of controlled substance in a protected location — penalty.
Section 579.040 - Unlawful distribution, delivery, or sale of drug paraphernalia — penalties.
Section 579.045 - Fraudulently attempting to obtain a controlled substance — penalty.
Section 579.050 - Manufacture of an imitation controlled substance — penalty.
Section 579.055 - Manufacture of a controlled substance — penalties.
Section 579.065 - Trafficking drugs, first degree — penalty.
Section 579.068 - Trafficking drugs, second degree — penalty.
Section 579.070 - Creating a danger — penalty.
Section 579.072 - Furnishing materials for production of a controlled substance — penalty.
Section 579.074 - Unlawful possession of drug paraphernalia — penalty.
Section 579.076 - Unlawful manufacture of drug paraphernalia — penalties.
Section 579.078 - Possession of an imitation controlled substance — penalty.
Section 579.080 - Delivery of an imitation controlled substance — penalty.
Section 579.082 - Marketing of ephedrine or pseudoephedrine — penalty.
Section 579.090 - Tampering with a prescription or a drug prescription order — penalty.
Section 579.095 - Possession of anhydrous ammonia — penalty.
Section 579.105 - Keeping or maintaining a public nuisance — violation, penalty.
Section 579.110 - Possession of methamphetamine precursors — penalty.
Section 579.150 - Distribution of prescription medication on school property — exceptions — penalty.
Section 579.155 - Possession of prescription medication on school property — exceptions — penalty.
Section 579.170 - Prior and persistent drug offenders, definitions, sentencing.
Section 579.175 - Arrest without warrant, when.
Section 579.180 - Burden of proof of any exception or exemption upon defendant.