Effective - 01 Jan 2017
579.170. Prior and persistent drug offenders, definitions, sentencing. — 1. The following words or phrases as used in this chapter have the following meanings, unless the context otherwise requires:
(1) "Persistent drug offender", one who has been found guilty of two or more felony offenses of the laws of this state or of the United States, or any other state, territory or district relating to controlled substances;
(2) "Prior drug offender", one who has been found guilty of any felony offense of the laws of this state, or of the United States, or any other state, territory or district relating to controlled substances.
2. Prior findings of guilt shall be pleaded and proven in the same manner as required by section 558.021.
3. The court shall not instruct the jury as to the range of punishment or allow the jury, upon a finding of guilty, to assess and declare the punishment as part of its verdict in cases of prior drug offenders or persistent drug offenders.
4. The court shall sentence a person who has been found to be a prior drug offender and is found guilty of a class C, D, or E felony under this chapter to the authorized term of imprisonment for an offense one class higher than the offense for which the person was found guilty.
5. The court shall sentence a person who has been found to be a persistent drug offender and is found guilty of a class C, D, or E felony under this chapter to the authorized term of imprisonment for an offense two classes higher than the offense for which the person was found guilty. The court shall sentence a persistent drug offender who is found guilty of a class B felony under this chapter to the authorized term of imprisonment for a class A felony offense.
--------
(L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491)
Transferred 2014; formerly 195.275; 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.