Being charged with a drug crime in Missouri can have serious implications. Depending on the offense, penalties can range from fines to lengthy prison sentences. Even possession of small amounts of drugs can result in a criminal record, which can have long-term consequences on employment, housing, and other aspects of life.
Additionally, Missouri has some of the harshest drug laws in the country, with mandatory minimum sentences for certain offenses, such as trafficking in methamphetamine. This means that even first-time offenders may face prison sentences.
Moreover, a drug conviction can also result in the loss of certain rights, such as the right to vote, own a firearm, or even obtain certain professional licenses. This can impact a person’s future opportunities and quality of life.
If you’ve recently been charged with a drug crime, MRD Lawyers has broken down the basics of some of the most common drug charges you could be facing.
TRAFFICKING IN THE FIRST DEGREE
Title XXXVIII – Chapter 579.065
Trafficking drugs, first degree — penalty. — 1. A person commits the offense of trafficking drugs in the first degree if, except as authorized by this chapter or chapter 195, such person knowingly distributes, delivers, manufactures, produces or attempts to distribute, deliver, manufacture or produce:
(1) More than thirty grams of a mixture or substance containing a detectable amount of heroin;
(2) More than one hundred fifty grams of a mixture or substance containing a detectable amount of coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine salts and their optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of any of the foregoing substances;
(3) More than eight grams of a mixture or substance described in subdivision (2) of this subsection which contains cocaine base;
(4) More than five hundred milligrams of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
(5) More than thirty grams of a mixture or substance containing a detectable amount of phencyclidine (PCP);
(6) More than four grams of phencyclidine;
(7) More than thirty kilograms of a mixture or substance containing marijuana;
(8) More than thirty grams of any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system: amphetamine, its salts, optical isomers and salts of its optical isomers; methamphetamine, its salts, optical isomers and salts of its optical isomers; phenmetrazine and its salts; or methylphenidate;
(9) More than thirty grams of any material, compound, mixture, or preparation which contains any quantity of 3,4-methylenedioxymethamphetamine;
(10) One gram or more of flunitrazepam for the first offense;
(11) Any amount of gamma-hydroxybutyric acid for the first offense; or
(12) More than ten milligrams of fentanyl or carfentanil, or any derivative thereof, or any combination thereof, or any compound, mixture, or substance containing a detectable amount of fentanyl or carfentanil, or their optical isomers or analogues.
2. The offense of trafficking drugs in the first degree is a class B felony.
3. The offense of trafficking drugs in the first degree is a class A felony if the quantity involved is:
(1) Ninety grams or more of a mixture or substance containing a detectable amount of heroin; or
(2) Four hundred fifty grams or more of a mixture or substance containing a detectable amount of coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine salts and their optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of any of the foregoing substances; or
(3) Twenty-four grams or more of a mixture or substance described in subdivision (2) of this subsection which contains cocaine base; or
(4) One gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); or
(5) Ninety grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); or
(6) Twelve grams or more of phencyclidine; or
(7) One hundred kilograms or more of a mixture or substance containing marijuana; or
(8) Ninety grams or more of any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system: amphetamine, its salts, optical isomers and salts of its optical isomers; methamphetamine, its salts, optical isomers and salts of its optical isomers; phenmetrazine and its salts; or methylphenidate; or
(9) More than thirty grams of any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system: amphetamine, its salts, optical isomers, and salts of its optical isomers; methamphetamine, its salts, optical isomers, and salts of its optical isomers; phenmetrazine and its salts; or methylphenidate, and the location of the offense was within two thousand feet of real property comprising a public or private elementary, vocational, or secondary school, college, community college, university, or any school bus, in or on the real property comprising public housing or any other governmental assisted housing, or within a motor vehicle, or in any structure or building which contains rooms furnished for the accommodation or lodging of guests, and kept, used, maintained, advertised, or held out to the public as a place where sleeping accommodations are sought for pay or compensation to transient guests or permanent guests; or
(10) Ninety grams or more of any material, compound, mixture or preparation which contains any quantity of 3,4-methylenedioxymethamphetamine; or
(11) More than thirty grams of any material, compound, mixture, or preparation which contains any quantity of 3,4-methylenedioxymethamphetamine and the location of the offense was within two thousand feet of real property comprising a public or private elementary, vocational, or secondary school, college, community college, university, or any school bus, in or on the real property comprising public housing or any other governmental assisted housing, within a motor vehicle, or in any structure or building which contains rooms furnished for the accommodation or lodging of guests, and kept, used, maintained, advertised, or held out to the public as a place where sleeping accommodations are sought for pay or compensation to transient guests or permanent guests; or
(12) One gram or more of flunitrazepam for a second or subsequent offense; or
(13) Any amount of gamma-hydroxybutyric acid for a second or subsequent offense; or
(14) Twenty milligrams or more of fentanyl or carfentanil, or any derivative thereof, or any combination thereof, or any compound, mixture, or substance containing a detectable amount of fentanyl or carfentanil, or their optical isomers or analogues.
PENALTY OF CONVICTION
In Missouri, first-degree drug trafficking penalties vary based on the drug and quantity involved. Cocaine, heroin, or methamphetamine with 30 grams or more constitutes a class A felony, with a penalty of 10-30 years to life imprisonment and a fine up to $30,000. Methamphetamine also carries a mandatory minimum sentence of 10 years. Penalties may vary depending on the defendant’s criminal history and other factors. To understand the possible penalties involved in your specific case, you need to speak with an attorney. The experienced lawyers at MRD Lawyers can help.
TRAFFICKING IN THE SECOND DEGREE
Title XXXVIII – Chapter 579.068
579.068. Trafficking drugs, second degree — penalty. — 1. A person commits the offense of trafficking drugs in the second degree if, except as authorized by this chapter or chapter 195, such person knowingly possesses or has under his or her control, purchases or attempts to purchase, or brings into this state:
(1) More than thirty grams of a mixture or substance containing a detectable amount of heroin;
(2) More than one hundred fifty grams of a mixture or substance containing a detectable amount of coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine salts and their optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of any of the foregoing substances;
(3) More than eight grams of a mixture or substance described in subdivision (2) of this subsection which contains cocaine base;
(4) More than five hundred milligrams of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
(5) More than thirty grams of a mixture or substance containing a detectable amount of phencyclidine (PCP);
(6) More than four grams of phencyclidine;
(7) More than thirty kilograms of a mixture or substance containing marijuana;
(8) More than thirty grams of any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system: amphetamine, its salts, optical isomers and salts of its optical isomers; methamphetamine, its salts, optical isomers and salts of its optical isomers; phenmetrazine and its salts; or methylphenidate;
(9) More than thirty grams of any material, compound, mixture, or preparation which contains any quantity of 3,4-methylenedioxymethamphetamine; or
(10) More than ten milligrams of fentanyl or carfentanil, or any derivative thereof, or any combination thereof, or any compound, mixture, or substance containing a detectable amount of fentanyl or carfentanil, or their optical isomers or analogues.
2. The offense of trafficking drugs in the second degree is a class C felony.
3. The offense of trafficking drugs in the second degree is a class B felony if the quantity involved is:
(1) Ninety grams or more of a mixture or substance containing a detectable amount of heroin; or
(2) Four hundred fifty grams or more of a mixture or substance containing a detectable amount of coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine salts and their optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of any of the foregoing substances; or
(3) Twenty-four grams or more of a mixture or substance described in subdivision (2) of this subsection which contains cocaine base; or
(4) One gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); or
(5) Ninety grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); or
(6) Twelve grams or more of phencyclidine; or
(7) One hundred kilograms or more of a mixture or substance containing marijuana; or
(8) More than five hundred marijuana plants; or
(9) Ninety grams or more but less than four hundred fifty grams of any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system: amphetamine, its salts, optical isomers and salts of its optical isomers; methamphetamine, its salts, optical isomers and salts of its optical isomers; phenmetrazine and its salts; or methylphenidate; or
(10) Ninety grams or more but less than four hundred fifty grams of any material, compound, mixture, or preparation which contains any quantity of 3,4-methylenedioxymethamphetamine; or
(11) Twenty milligrams or more of fentanyl or carfentanil, or any derivative thereof, or any combination thereof, or any compound, mixture, or substance containing a detectable amount of fentanyl or carfentanil, or their optical isomers or analogues.
4. The offense of trafficking drugs in the second degree is a class A felony if the quantity involved is four hundred fifty grams or more of any material, compound, mixture or preparation which contains:
(1) Any quantity of the following substances having a stimulant effect on the central nervous system: amphetamine, its salts, optical isomers and salts of its optical isomers; methamphetamine, its salts, isomers and salts of its isomers; phenmetrazine and its salts; or methylphenidate; or
(2) Any quantity of 3,4-methylenedioxymethamphetamine.
5. The offense of drug trafficking in the second degree is a class C felony for the first offense and a class B felony for any second or subsequent offense for the trafficking of less than one gram of flunitrazepam.
PENALTY OF CONVICTION
In Missouri, trafficking drugs in the second degree is a class B felony. The penalty for this offense is imprisonment for a term of years not less than five years and not to exceed 15 years, along with a fine up to $20,000. The specific penalty may vary depending on the type of drug and the quantity involved, as well as the defendant’s criminal history and other factors. Speak with a trusted lawyer from MRD Lawyers to learn more about what type of charges you may be facing.
DISTRIBUTION OF A CONTROLLED SUBSTANCE
Title XXXVIII – Chapter 579.015
- A person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance, except as authorized by this chapter or chapter 195.
- The offense of possession of any controlled substance except thirty-five grams or less of marijuana or any synthetic cannabinoid is a class D felony.
- The offense of possession of more than ten grams but thirty-five grams or less of marijuana or any synthetic cannabinoid is a class A misdemeanor.
- The offense of possession of not more than ten grams of marijuana or any synthetic cannabinoid is a class D misdemeanor. If the defendant has previously been found guilty of any offense of the laws related to controlled substances of this state, or of the United States, or any state, territory, or district, the offense is a class A misdemeanor. Prior findings of guilt shall be pleaded and proven in the same manner as required by section 558.021.
- In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter or chapter 195, it shall not be necessary to include any exception, excuse, proviso, or exemption contained in this chapter or chapter 195, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
PENALTY OF CONVICTION
Distribution of controlled substance charges can vary depending on drug amounts, type of drug, and the location in which it was distributed. Some people can face life in prison while others may only face a $500 fine. To know more, speak with a lawyer from MRD Lawyers. We’ll help you understand the fine details of your case and give you a run down of what charges you may be facing.
DELIVERY OF A CONTROLLED SUBSTANCE
Title XXXVIII – Chapter 579.020
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1. A person commits the offense of delivery of a controlled substance if, except as authorized in this chapter or chapter 195, he or she:
(1) Knowingly distributes or delivers a controlled substance;
(2) Attempts to distribute or deliver a controlled substance;
(3) Knowingly possesses a controlled substance with the intent to distribute or deliver any amount of a controlled substance; or
(4) Knowingly permits a minor to purchase or transport illegally obtained controlled substances.
2. Except when the controlled substance is thirty-five grams or less of marijuana or synthetic cannabinoid or as otherwise provided under subsection 5 of this section, the offense of delivery of a controlled substance is a class C felony.
3. Except as otherwise provided under subsection 4 of this section, the offense of delivery of thirty-five grams or less of marijuana or synthetic cannabinoid is a class E felony.
4. The offense of delivery of thirty-five grams or less of marijuana or synthetic cannabinoid to a person less than seventeen years of age who is at least two years younger than the defendant is a class C felony.
5. The offense of delivery of a controlled substance is a class B felony if:
(1) The delivery or distribution is any amount of a controlled substance except thirty-five grams or less of marijuana or synthetic cannabinoid, to a person less than seventeen years of age who is at least two years younger than the defendant; or
(2) The person knowingly permits a minor to purchase or transport illegally obtained controlled substances.
PENALTY OF CONVICTION
The charges for delivering a controlled substance can vary depending on the amount, type, and location in which the substance was delivered. Charges can range from life in prison to fines of $10,000. If you’re looking to understand your case in simple terms, speak with a lawyer from MRD Lawyers to help you better understand your charges.
DRUG POSSESSION WITH INTENT
Title XXXVIII – Chapter 579.099
- Inducing, or possession with intent to induce, symptoms by use of certain solvents and other substances, prohibited. — 1. As used in this section, “alcohol beverage vaporizer” means any device which, by means of heat, a vibrating element, or any other method, is capable of producing a breathable mixture containing one or more alcoholic beverages to be dispensed for inhalation into the lungs via the nose or mouth or both.2. No person shall intentionally or willfully induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of audio, visual or mental processes by the use or abuse of any of the following substances:(1) Solvents, particularly toluol;
(2) Ethyl alcohol;
(3) Amyl nitrite and its iso-analogues;
(4) Butyl nitrite and its iso-analogues;
(5) Cyclohexyl nitrite and its iso-analogues;
(6) Ethyl nitrite and its iso-analogues;
(7) Pentyl nitrite and its iso-analogues; and
(8) Propyl nitrite and its iso-analogues.
3. This section shall not apply to substances that have been approved by the United States Food and Drug Administration as therapeutic drug products or are contained in approved over-the-counter drug products or administered lawfully pursuant to the order of an authorized medical practitioner.
4. No person shall intentionally possess any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite, and propyl nitrite and their iso-analogues for the purpose of using it in the manner prohibited by section 579.097 and this section.
5. No person shall possess or use an alcoholic beverage vaporizer.
6. Nothing in this section shall be construed to prohibit the legal consumption of intoxicating liquor, as defined by section 311.020, or nonintoxicating beer.
PENALTY OF CONVICTION
Drug possession with intent can be dicey, as there are many different categories this charge can fall under. If you’re not sure which circumstances your charge fall under, speak with a lawyer at MRD. They’d be happy to simplify your charges and explain things in easy-to-understand terms.
DRUG POSSESSION
Title XXXVIII – Chapter 579.015
1. A person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance, except as authorized by this chapter or chapter 195.
2. The offense of possession of any controlled substance except thirty-five grams or less of marijuana or any synthetic cannabinoid is a class D felony.
3. The offense of possession of more than ten grams but thirty-five grams or less of marijuana or any synthetic cannabinoid is a class A misdemeanor.
4. The offense of possession of not more than ten grams of marijuana or any synthetic cannabinoid is a class D misdemeanor. If the defendant has previously been found guilty of any offense of the laws related to controlled substances of this state, or of the United States, or any state, territory, or district, the offense is a class A misdemeanor. Prior findings of guilt shall be pleaded and proven in the same manner as required by section 558.021.
5. In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter or chapter 195, it shall not be necessary to include any exception, excuse, proviso, or exemption contained in this chapter or chapter 195, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
PENALTY OF CONVICTION
In Missouri, drug possession penalties depend on the type and amount of drug involved. Possession of any amount of marijuana is a misdemeanor with a penalty of up to one-year imprisonment and a $2,000 fine. Possession of controlled substances such as cocaine, heroin, or methamphetamine is a felony with a penalty of up to seven years imprisonment and a $10,000 fine. Penalties may vary depending on the defendant’s criminal history and other factors.
Possession of any amount of marijuana is a misdemeanor offense with a penalty of up to one year in jail and a maximum fine of $2,000. However, Missouri has a medical marijuana program, and qualifying patients with medical cards may possess up to a certain amount of marijuana for medicinal purposes without facing criminal penalties. Penalties for marijuana possession may vary depending on the specific circumstances of the case, such as the defendant’s criminal history and the amount of marijuana involved.