Bill Text: MO HB512 | 2013 | Regular Session | Introduced
Bill Title: Changes the laws regarding the possession of less than 35 grams of marijuana and the possession of marijuana drug paraphernalia
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-05-17 - Public Hearing Completed (H) [HB512 Detail]
Download: Missouri-2013-HB512-Introduced.html
FIRST REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES ELLINGER (Sponsor), PACE, ENGLISH, LAFAVER, KELLY (45), WALTON GRAY, MEREDITH AND SMITH (85) (Co-sponsors).
0382L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 195.202 and 195.233, RSMo, and to enact in lieu thereof two new sections relating to controlled substances, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 195.202 and 195.233, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 195.202 and 195.233, to read as follows:
195.202. 1. Except as authorized by sections 195.005 to 195.425, it is unlawful for any person to possess or have under his or her control a controlled substance.
2. Any person who violates this section with respect to any controlled substance except thirty-five grams or less of marijuana or any synthetic cannabinoid is guilty of a class C felony. 3. Any person who violates this section with respect to not more than thirty-five grams of marijuana or any synthetic cannabinoid is guilty of a [class A] misdemeanor for which the punishment shall be a fine in an amount not to exceed two hundred fifty dollars; unless such person:
(1) Has been found guilty of a felony within the preceding ten years;
(2) Has been found guilty of a class A misdemeanor other than possession of thirty-five grams or less of marijuana or any synthetic cannabinoid or possession of marijuana drug paraphernalia under section 195.233, within the preceding five years;
(3) Has been found guilty of possession of thirty-five grams or less of marijuana or any synthetic cannabinoid or possession of marijuana drug paraphernalia under section 195.233 on two or more prior occasions within the preceding five years; or
(4) Is arrested for any felony or any misdemeanor other than possession of thirty-five grams or less of marijuana or any synthetic cannabinoid or possession of marijuana drug paraphernalia under section 195.233, arising from the same set of facts and circumstances;
in which case such person is guilty of a class A misdemeanor.
4. Whenever any law enforcement officer suspects any person has violated the provisions of subsection 3 of this section other than those persons excluded under subdivision (1), (2), or (3) of subsection 3 of this section, such person shall only be issued a summons to appear in court. Such person shall not be arrested, taken into custody for any purpose, required to post a bond, or detained for any reason other than the time it takes to issue such person a summons to appear. In addition no such person, if found guilty, shall be incarcerated or suffer the loss of a driver's license and there shall be a strong presumption that the proper disposition of any such case shall be to suspend the imposition of sentence and to require community service or controlled substance counseling or both.
195.233. 1. It is unlawful for any person to use, or to possess 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 sections 195.005 to 195.425.
2. A person who violates this section by using or possessing with intent to use any drug paraphernalia except marijuana drug paraphernalia is guilty of a class A misdemeanor, unless 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 in which case the violation of this section is a class D felony.
3. A person who violates this section by using or possessing with intent to use any marijuana drug paraphernalia is guilty of a misdemeanor for which the punishment shall be a fine, in an amount not to exceed two hundred fifty dollars; unless such person:
(1) Has been found guilty of a felony within the preceding ten years;
(2) Has been found guilty of any misdemeanor other than possession of thirty-five grams or less of marijuana or any synthetic cannabinoid under section 195.202 or possession of marijuana drug paraphernalia, within the preceding five years;
(3) Has been found guilty of possession of thirty-five grams or less of marijuana or any synthetic cannabinoid under section 195.202 or possession of marijuana drug paraphernalia on two or more prior occasions within the preceding five years; or
(4) Is arrested for any felony or any misdemeanor other than possession of thirty-five grams or less of marijuana or any synthetic cannabinoid under section 195.202 or possession of marijuana drug paraphernalia, arising from the same set of facts and circumstances;
in which case such person is guilty of a class A misdemeanor.
4. Whenever any law enforcement officer suspects any person has violated the provisions of subsection 3 of this section other than those persons excluded under subdivision (1), (2), or (3) of subsection 3 of this section, such person shall only be issued a summons to appear in court. Such person shall not be arrested, taken into custody for any purpose, required to post a bond, or detained for any reason other than the time it takes to issue such person a summons to appear. In addition no such person, if found guilty, shall be incarcerated or suffer the loss of a driver's license and there shall be a strong presumption that the proper disposition of any such case shall be to suspend the imposition of sentence and to require community service or controlled substance counseling or both.
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