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PL 220.39 Crim. sale cont.sub. 3rd degree |
Class B felony |
 Link to CJI2d |
§ 220.39 Criminal sale of a controlled substance in the third degree.
A person is guilty of criminal sale of a controlled substance in the
third degree when he knowingly and unlawfully sells:
1. a narcotic drug; or
2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic
acid diethylamide and has previously been convicted of an offense
defined in article two hundred twenty or the attempt or conspiracy to
commit any such offense; or
3. a stimulant and the stimulant weighs one gram or more; or
4. lysergic acid diethylamide and the lysergic acid diethylamide
weighs one milligram or more; or
5. a hallucinogen and the hallucinogen weighs twenty-five milligrams
or more; or
6. a hallucinogenic substance and the hallucinogenic substance weighs
one gram or more; or
7. one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers and
the preparations, compounds, mixtures or substances are of an aggregate
weight of one-eighth ounce or more; or
8. phencyclidine and the phencyclidine weighs two hundred fifty
milligrams or more; or
9. a narcotic preparation to a person less than twenty-one years old.
Criminal sale of a controlled substance in the third degree is a class
B felony.
.
|
| Subdivision | Elements | Lesser included offenses |
| PL 220.39(1) |
-
knowingly and unlawfully sells controlled substance
-
narcotic drug
|
LIO
|
| PL 220.39(2)-I |
-
knowingly and unlawfully sells controlled substance
-
stimulant
-
previous drug conviction
|
LIO
|
| PL 220.39(2)-II |
-
knowingly and unlawfully sells controlled substance
-
hallucinogen
-
previous drug conviction
|
LIO
|
| PL 220.39(2)-III |
-
knowingly and unlawfully sells controlled substance
-
hallucinogenic substance
-
previous drug conviction
|
LIO
|
| PL 220.39(2)-IV |
-
knowingly and unlawfully sells controlled substance
-
LSD
-
previous drug conviction
|
LIO
|
| PL 220.39(3) |
-
knowingly and unlawfully sells controlled substance
-
stimulant
-
# grams 1 or more
|
LIO
|
| PL 220.39(4) |
-
knowingly and unlawfully sells controlled substance
-
LSD
-
# mg 1 or more
|
LIO
|
| PL 220.39(5) |
-
knowingly and unlawfully sells controlled substance
-
hallucinogen
-
# mg 25 or more
|
LIO
|
| PL 220.39(6) |
-
knowingly and unlawfully sells controlled substance
-
hallucinogenic substance
-
# grams 1 or more
|
LIO
|
| PL 220.39(7) |
-
knowingly and unlawfully sells controlled substance
-
methamphetamine
-
# ounces 0.125 or more
|
LIO
|
| PL 220.39(8) |
-
knowingly and unlawfully sells controlled substance
-
phencyclidine
-
# mg 250 or more
|
LIO
|
| PL 220.39(9) |
-
knowingly and unlawfully sells controlled substance
-
narcotic preparation
-
sale to person under 21
|
LIO
|