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Statute:

Criminal sale of a controlled substance in the second degree

ยง 220.41 Criminal sale of a controlled substance in the second degree.

A person is guilty of criminal sale of a controlled substance in the
second degree when he knowingly and unlawfully sells:

1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug and the preparations, compounds, mixtures or
substances are of an aggregate weight of one-half ounce or more; or

2. 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-half ounce or more; or

3. a stimulant and the stimulant weighs five grams or more; or

4. lysergic acid diethylamide and the lysergic acid diethylamide
weighs five milligrams or more; or

5. a hallucinogen and the hallucinogen weighs one hundred twenty-five
milligrams or more; or

6. a hallucinogenic substance and the hallucinogenic substance weighs
five grams or more; or

7. methadone and the methadone weighs three hundred sixty milligrams
or more.

Criminal sale of a controlled substance in the second degree is a
class A-II felony.

PEN 220.41 2014-09-22

Criminal Jury Instruction Links:


[1/2] Ounce or More Containing a Narcotic Drug -PL 220.41(1)
One-Half [1/2] Ounce or More Containing Methamphetamine - PL 220.41(2)
5 Grams or More of a Stimulant - PL 220.41(3)
5 Milligrams or More of Lysergic Acid Diethylamide - PL 220.41(4)
125 Milligrams or More of a Hallucinogen - PL 220.41(5)
5 Grams or More of a Hallucinogenic Substance - PL 220.41(6)
360 Milligrams or More of Methadone - PL 220.41(7)

Sections:

220. Controlled substances offenses
220.00 - Controlled substances; definitions.
220.03 - Criminal possession of a controlled substance in the seventh degree.
220.06 - Criminal possession of a controlled substance in the fifth degree.
220.09 - Criminal possession of a controlled substance in the fourth degree.
220.16 - Criminal possession of a controlled substance in the third degree.
220.18 - Criminal possession of a controlled substance in the second degree.
220.21 - Criminal possession of a controlled substance in the first degree.
220.25 - Criminal possession of a controlled substance; presumption.
220.28 - Use of a child to commit a controlled substance offense.
220.31 - Criminal sale of a controlled substance in the fifth degree.
220.34 - Criminal sale of a controlled substance in the fourth degree.
220.39 - Criminal sale of a controlled substance in the third degree.
220.41 - Criminal sale of a controlled substance in the second degree.
220.43 - Criminal sale of a controlled substance in the first degree.
220.44 - Criminal sale of a controlled substance in or near school grounds.
220.45 - REPEALED (10/7/2021) Criminally possessing a hypodermic instrument.
220.46 - Criminal injection of a narcotic drug.
220.48 - Criminal sale of a controlled substance to a child.
220.50 - Criminally using drug paraphernalia in the second degree.
220.55 - Criminally using drug paraphernalia in the first degree.
220.60 - Criminal possession of precursors of controlled substances.
220.65 - Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist.
220.70 - Criminal possession of methamphetamine manufacturing material in the second degree.
220.71 - Criminal possession of methamphetamine manufacturing material in the first degree.
220.72 - Criminal possession of precursors of methamphetamine.
220.73 - Unlawful manufacture of methamphetamine in the third degree.
220.74 - Unlawful manufacture of methamphetamine in the second degree.
220.75 - Unlawful manufacture of methamphetamine in the first degree.
220.76 - Unlawful disposal of methamphetamine laboratory material.
220.77 - Operating as a major trafficker.
220.78 - Witness or victim of drug or alcohol overdose.

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