Drug Offenses

Missouri Drug Laws

Possession of a Controlled Substance under RSMo. § 579.015

https://revisor.mo.gov/main/OneSection.aspx?section=579.015&bid=33827&hl=

In Missouri, most drug possession offenses (such as heroin, methamphetamine, cocaine) are classified as class D felonies (up to 7 years in prison). The exception is marijuana.

Possession of more than 35 grams of marijuana is a class D felony. Possession of more than 10 grams but 35 grams or less of marijuana is a class A misdemeanor (basically 10.01 to 35 grams). Possession of 10 grams or less of marijuana is a class D misdemeanor (unless the defendant has previously been found guilty of a drug offense in which case the class D misdemeanor will be increased to a class A misdemeanor).

Delivery of a Controlled Substance under RSMo. § 579.020

https://revisor.mo.gov/main/OneSection.aspx?section=579.020&bid=30221&hl=

A person commits the crime of delivery of a controlled substance by:

1. knowingly distributing or delivering a controlled substance;
2. attempting to distribute or deliver a controlled substance;
3. knowingly possessing a controlled substance with the intent to distribute or deliver any amount; or
4. knowingly permits a minor to purchase or transport illegally obtained controlled substances.

Generally, delivery of a controlled substance is generally a class C felony (3 to 10 years in prison), unless the drug was delivered to a person less than 17. If the person who received the controlled substance was less than 17 and at least 2 years younger than the defendant, the defendant can be charged with a class B felony (5 to 15 years in prison) instead of the class C felony.

Again, the law is different for marijuana. Delivery of 35 grams or less of marijuana to a person 17 years or older is a class E felony (up to 4 years in prison). But if the person who received the marijuana was less than 17 and at least 2 years younger than the defendant, the defendant can be charged with a class C felony (3 to 10 years in prison) instead of the class E felony.

Distribution of a Controlled Substance in a Protected Location under RSMo. § 579.030

https://revisor.mo.gov/main/OneSection.aspx?section=579.030&bid=30222&hl=

Distributing, selling, or delivering a controlled substance (except 35 grams or less of marijuana) in certain protected locations such as in, on, or within 2,000 feet of a school, school bus, park, or government-assisted housing is a class A felony (10 to 30 years or life in prison)

Trafficking in the first degree under RSMo. § 579.065
https://revisor.mo.gov/main/OneSection.aspx?section=579.065&bid=48810&hl=

In Missouri, a person commits the offense of drug trafficking in the first degree by distributing, delivering, manufacturing, producing, or attempting to deliver or distribute, or manufacture the following:

• More than 30 grams of a mixture or substance containing heroin
• More than 150 grams of a mixture or substance containing coca leaves
• More than 8 grams of a mixture or substance containing cocaine base
• More than 500 milligrams of a mixture or substance containing LSD
• More than 30 grams of a mixture or substance containing phencyclidine (PC)P
• More than 4 grams of phencyclidine (PCP)
• More than 30 kilograms of a mixture or substance containing marijuana
• More than 30 grams of a mixture or substance containing amphetamine or methamphetamine or their salts
• More than 30 grams of a mixture containing MDMA (Molly or Ecstasy)
• One gram or more of flunitrazepam (Rohypnol or Roofies) for the first offense
• Any amount of gamma-hydroxybutyric acid (GHB or Liquid Ecstasy) for the first offense
• More than 10 milligrams of fentanyl or carfentanil

Trafficking in the first degree is usually a class B felony, which carries 5 to 15 years in prison.

However, trafficking in the first degree can be charged as a class A felony carrying 10 years to 30 years or life if the following amounts of drugs were trafficked or if the following circumstances exist:

• 90 grams or more of a mixture or substance containing heroin
• 450 grams or more of a mixture or substance containing coca leaves
• 24 grams or more of a mixture or substance containing cocaine base
• 1 gram or more of a mixture or substance containing LSD
• 90 grams or more of a mixture or substance containing phencyclidine (PCP)
• 12 grams or more of phencyclidine (PCP)
• 100 kilograms or more of a mixture or substance containing marijuana
• 90 grams or more of a mixture or substance containing amphetamine or methamphetamine or their salts
• More than 30 grams of a mixture or substance containing amphetamine or methamphetamine or their salts and the location of the offense was near certain places such as schools
• 90 grams or more of a mixture containing MDMA (Molly or Ecstasy)
• More than 30 grams of a mixture or substance containing MDMA (Molly or Ecstasy) and the location of the offense was near certain places such as schools
• One gram or more of flunitrazepam (Rohypnol or Roofies) for the second or subsequent offense
• Any amount of gamma-hydroxybutyric acid (GHB or Liquid Ecstasy) for the second or subsequent offense
• 20 milligrams or more of fentanyl or carfentanil

Trafficking in the second degree under RSMo. § 579.068

https://revisor.mo.gov/main/OneSection.aspx?section=579.068&bid=48811&hl=

In Missouri, a person commits the offense of drug trafficking in the second degree by possessing, having under their control, or attempting to purchase the following:

• More than 30 grams of a mixture or substance containing heroin
• More than 150 grams of a mixture or substance containing coca leaves
• More than 8 grams of a mixture or substance containing cocaine base
• More than 500 milligrams of a mixture or substance containing LSD
• More than 30 grams of a mixture or substance containing phencyclidine (PCP)
• More than 4 grams of phencyclidine (PCP)
• More than 30 kilograms of a mixture or substance containing marijuana
• More than 30 grams of a mixture or substance containing amphetamine, methamphetamine or their salts
• More than 30 grams of a mixture containing MDMA (Molly or Ecstasy)
• More than 10 milligrams of fentanyl or carfentanil
• Less than 1 gram of flunitrazepam (Rohypnol or Roofies)

Trafficking in the second degree is usually a class C felony, carrying 3 to 10 years.

However, trafficking in the second degree is a class B felony, carrying 5 to 15 years if the following higher quantities of drugs are involved:

• 90 grams or more of a mixture or substance containing heroin
• 450 grams or more of a mixture or substance containing coca leaves
• 24 grams or more of a mixture or substance containing cocaine base
• 1 gram or more of a mixture or substance containing LSD
• 90 grams or more of a mixture or substance containing phencyclidine (PCP)
• 12 grams or more of phencyclidine (PCP)
• 100 kilograms or more of a mixture or substance containing marijuana
• More than 500 marijuana plants
• 90 grams or more but less than 450 grams of a mixture or substance containing amphetamine, methamphetamine or their salts
• 90 grams or more but less than 450 grams of a mixture or substance containing MDMA (Molly or Ecstasy)
• 20 milligrams or more of fentanyl or carfentanil
• Less than 1 gram of flunitrazepam (Rohypnol or Roofies) for the second or subsequent offense

Trafficking in the second degree is a class A felony, carrying 10 to 30 years or life if the defendant trafficked 450 grams or more of a mixture or substance containing amphetamine, methamphetamine or their salts or 450 grams or more of a mixture or substance containing MDMA (Molly or Ecstasy)