579.055. Manufacture of a controlled substance — penalties. — 1. A person commits the offense of manufacture of a controlled substance if, except as authorized in this chapter or chapter 195, he or she:
(1) Knowingly manufactures, produces, or grows a controlled substance;
(2) Attempts to manufacture, produce, or grow a controlled substance; or
(3) Knowingly possesses a controlled substance with the intent to manufacture, produce, or grow any amount of controlled substance.
2. The offense of manufacturing or attempting to manufacture any amount of controlled substance is a class B felony when committed within two thousand feet of the real property comprising a public or private elementary, vocational, or secondary school, community college, college, or university. It is a class A felony if a person has suffered serious physical injury or has died as a result of a fire or explosion started in an attempt by the defendant to produce methamphetamine.
3. The offense of manufacturing or attempting to manufacture any amount of a controlled substance, except thirty-five grams or less of marijuana or synthetic cannabinoid, is a class C felony.
4. The offense of manufacturing thirty-five grams or less of marijuana or synthetic cannabinoid is a class E felony.
Notes of Decisions
Cited in
10
cases (
3 in the last 5 years), 2017–2024 · leading case:
Ryan v. State, 547 S.W.3d 151 (Mo. 2018).
Ryan v. State, 547 S.W.3d 151 (Mo. 2018).
· cites it 2× “211 merged into section 579.055 and the legislature reduced manufacturing a controlled substance within 2,000 feet of a school to a class B felony.”
State v. Shanklin, 534 S.W.3d 240 (Mo. 2017).
“211 was transferred to § 579.055 and § 195.233 was transferred to § 579.”
United States v. Stacy Lyman, 991 F.3d 994 (8th Cir. 2021).
“1 (1994) (current version at Mo. Rev. Stat. § 579.055 ). On October 6, 1997, Lyman pleaded guilty to three counts.”
Brigido Lopez-Chavez v. Merrick B. Garland, 991 F.3d 960 (8th Cir. 2021).
“211 (2016), transferred to and modified by Mo. Rev. Stat. § 579.055 . In June of that year, the Department of Homeland Security (DHS), relying explicitly on his Missouri conviction, issued a Notice to Appear (NTA) alleging that Lopez-Chavez was removable because he had “been…”
State v. Livingston, 547 S.W.3d 606 (Mo. Ct. App. 2018).
· cites it 2× “Effective January 1, 2017, this Section has been transferred to Section 579.055. Effective January 1, 2017, this Section has been transferred to Section 579.”
Kevin E. Riley v. Missouri Dep't of Corr., No. WD81743 (Mo. Ct. App. Apr. 28, 2020).
· cites it 3× “211 (defining the offense of manufacturing a controlled substance and prescribing its penalties) was transferred to § 579.055, RSMo. Section 195.291 (requiring Riley to serve his sentence without eligibility for probation or parole) was repealed by operation of Senate Bill 491.”
Jason Michael Jones v. State of Missouri, 574 S.W.3d 828 (Mo. Ct. App. 2019).
· cites it 2× “211 was renumbered as section 579.055. 3 We have independently verified that, after the motion court found that Movant had been abandoned by post- conviction counsel, the amended motion was appropriately treated as timely filed.”
State of Missouri v. Lawrence Mosely, 599 S.W.3d 236 (Mo. Ct. App. 2020).
· cites it 2× “1 This offense is now codified at section 579.055. Mr. Mosely distributed marijuana to Ms.”
State v. Kobermann, 530 S.W.3d 630 (Mo. Ct. App. 2017).
· cites it 2× “Effective January 1, 2017, this Section has been transferred to Section 579.055. . .”
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