Opening or maintaining of place for unlawful sale, gift or use of controlled substance prohibited; penalties; prohibition against probation or suspension of sentence for certain repeat offenders.
1. A person who opens or maintains any place for the purpose of unlawfully selling, giving away or using any controlled substance is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $10,000, except as otherwise provided in subsection 2.
2. If a person convicted of violating this section has previously been convicted of violating this section, or if, in the case of a first conviction of violating this section, he has been convicted of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under this section, he is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $20,000. The court shall not grant probation to or suspend the sentence of a person convicted of violating this section if he has been previously convicted under this section or of any other offense described in this subsection.
3. This section does not apply to any rehabilitation clinic established or licensed by the Health Division of the Department of Human Resources.
Last modified: February 26, 2006