Whenever there are both federal and state laws regulating the same thing, it can often be confusing as to what each version says and how they interact with each other. Drug laws in America and Missouri are no different.
If you’re facing potential drug charges in Missouri, there are several reasons why they may become a federal case, so it may be helpful to understand the similarities and differences between these two sets of laws.
To that end, the following guide will compare federal vs state drug laws in Missouri by examining the legislation that created them, the guidelines and classifications they use, and some of the common crimes and punishments they both identify.
Codified Drug Laws and Statutes
When looking at federal vs state drug crimes, it’s important to first understand where they came from and how to find or cite them.
- At the federal level, the United States passed the Controlled Substances Act in 1970 to regulate the manufacturing, importation, use, and distribution of dangerous substances based on their addictiveness, harmful effects, and risk of abuse. Its content and guidance were later added to the United States Code (USC) under Title 21, Chapter 13. While the original Act focused more on general guidance and policy, the 21 USC focuses on implementing and enforcing that law.
- At the state level, Missouri passed its Comprehensive Drug Control Act in 1989 with many of the same purposes as the Controlled Substances Act. It similarly focuses on regulating dangerous substances but also includes additional provisions, like alternative sentencing programs and prescription drug monitoring. This legislation was codified in the Revised Statutes of Missouri (RSMo) under chapters 195 and 579. While the former focuses on broader definitions and classifications, the latter deals with crimes that violate state laws and their accompanying punishments.
Drug Scheduling and Definitions
Both 21 USC §812 and RSMo 195.017 include multiple tiers of different controlled substances based on each one’s potential for abuse and legitimate medical uses. The more damaging and dangerous the substance is, the higher it will climb on the drug schedules below. For example, if a substance has a high potential for abuse and no legitimate medical use, it’s labeled a Schedule I controlled substance. If a substance has moderate potential for abuse but multiple medical applications, it would probably be labeled a Schedule III controlled substance.
| Definition | Examples | |
| Schedule I |
|
|
| Schedule II |
|
|
| Schedule III |
|
|
| Schedule IV |
|
|
| Schedule V |
|
Failed Criminal Attempts
One important distinction is that federal and Missouri laws don’t care whether the defendant’s attempt to commit the crime succeeded or failed. Just trying to possess, manufacture, sell, etc., a controlled substance is viewed the same as actually possessing, manufacturing, selling, etc., a controlled substance.
While Missouri’s revised statutes make this obvious by repeatedly including the attempt to commit the offense in the offense’s definition, 21 USC §846 plainly states, “Any person who attempts or conspires to commit any offense defined in this [law] shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.”
Illegal Possession of Controlled Substances
As you might expect, simple possession of a controlled substance is one of the lesser charges for which someone can be convicted, both at the federal and Missouri levels. However, those convictions can still carry severe consequences.
| Drug Possession | ||
| Citation | Description | Sentencing |
| 21 USC §844 |
|
First Offense
Second Offense
Three or More Offenses
|
| RSMo §579.015 | Unless specifically authorized by another part of this law, possessing a controlled substance is illegal. |
|
*Per 21 USC §844a, this is only applicable for those convicted of possessing an amount small enough to be considered “personal use” by the U.S. Attorney General.
Drug Manufacturing and Distribution
Unlike the U.S.C. the Revised Missouri Statutes have separate citations for the different acts involved with creating and distributing controlled substances. The U.S.C. instead groups these acts with other “prohibited acts.”
| Drug Manufacturing and Distribution | ||
| Citation | Description | Sentencing |
| 21 USC §841 |
|
Varies based on:
Prison terms can range from five years to life, and fines can go as high as $75,000,000. |
| RSMo §579.055 §579.030 §579.020 |
|
Manufacturing
Delivery
Distribution in a protected area
|
*Depending on whether the drug use resulted in serious bodily injury or death.
Drug Trafficking
While federal law groups the subject of drug trafficking under 21 USC §841 with the other offenses listed above, the RSMo devotes two separate sections (§579.065 and §579.068) to further exploring the topic.
| Drug Trafficking | ||
| Citation | Description | Sentencing |
| RSMo §579.065 (First Degree) | It’s illegal to knowingly distribute, deliver, manufacture, produce, or attempt to distribute, deliver, manufacture, or produce controlled substances. | Class B felony, unless specific amounts of certain substances are involved, which would be a class A felony. |
| RSMo §579.068 (Second Degree) | It’s also illegal to knowingly possess or have under their control, purchase or attempt to purchase, or bring into the state controlled substances. | Class C felony, unless specific amounts of certain substances are involved, which would be a class B or class A felony.
For example, this crime is a class C felony for a first offense and a class B felony for subsequent offenses if each involves less than one gram of Rohypnol. |
Drug Paraphernalia
Of course, neither law neglects the use or possession of certain items commonly used in connection with controlled substances. Whether they’re for ingesting the drug or for some other purpose, drug paraphernalia is just as unlawful as the controlled substances for which they’re used.
| Drug Paraphernalia | ||
| Citation | Description | Sentencing |
| 21 USC §863 | Performing any of the following actions in connection with drug paraphernalia is illegal:
Includes primarily intended or designed for use in ingesting, inhaling, or otherwise introducing cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines into the human body, such as:
|
Up to three years in prison and a $250,000 fine. |
| RSMo §579.040 §579.074§579.076 |
It’s illegal to possess, manufacture, distribute, deliver, or sell drug paraphernalia, as well as possess it with the intent to use, manufacture, distribute, deliver, or sell it, knowing that it will be used to: “…plant, propogate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or an imitation controlled substance…” |
Possession
Manufacturing
Distribution or Sale
|
Conclusion
The differences between state and federal drug crimes are few and usually based on how each set of laws groups controlled substances or the severity of the punishment for committing a crime. Regardless, both sets of laws treat the illegal use of controlled substances very seriously and any drug-related charges should be taken just as seriously.
If you’re facing potential drug charges, at either the federal or state level, it’s highly recommended that you contact a legal professional as soon as possible. An experienced attorney who specializes in drug laws will be able to thoroughly review your case and come up with the best possible defense for protecting your rights.