Missouri Cocaine Laws

Missouri Revised Statutes:

• MRS § 195.017 (controlled substances schedules)
• MRS § 579.015 (possession of a controlled substance)
• MRS § 579.020 (delivery of a controlled substance)
• MRS § 579.021 (delivery of a controlled substance causing serious physical injury)
• MRS § 579.022 (delivery of a controlled substance causing death)
• MRS § 579.030 (distribution of a controlled substance in a protected location)
• MRS § 579.040 (unlawful distribution/delivery or sale of drug paraphernalia)
• MRS § 579.055 (manufacture of a controlled substance)
• MRS § 579.065 (trafficking drugs - first degree)
• MRS § 579.068 (trafficking drugs - second degree)

A person commits the crime of possession of a controlled substance if they knowingly possess cocaine without the lawful authorization to possess it. (§ 579.015(1))

The possession of any controlled substance is a Class D felony. (§ 579.015(2)). If convicted, the defendant faces up to seven years in prison.

A person commits the crime of delivery of a controlled substance in Missouri if they do any of the following without legal authorization:

• They knowingly distribute or deliver cocaine (§ 579.020(1)(1))
• They attempt to distribute or deliver cocaine (§ 579.020(1)(2))
• They knowingly possess cocaine with the intent to distribute or deliver any amount of it (§ 579.020(1)(3))
• They knowingly permit a minor to buy or transfer cocaine (§ 579.020(1)(4))

Delivery of a controlled substance is typically a Class C felony. (§ 579.020(2)). However, the following circumstances elevate it to a Class B felony:

• Delivering cocaine to a person who is less than 17 years old and is two years younger than them (§ 579.020(5)(1))
• They knowingly permit a minor to purchase or transport cocaine (§ 579.020(5)(2))

If convicted of a Class C felony, the defendant faces a mandatory prison sentence of between three and 10 years. If convicted of a Class B felony, they face a mandatory prison sentence between five and 15 years.

A person commits the offense of delivery of a controlled substance causing serious physical injury if the following things occur:

• They deliver or otherwise distribute cocaine in violation of § 579.020
• They know the cocaine is mixed with another Schedule I or II controlled substance
• A person who uses the cocaine mixture suffers a serious physical injury (§ 579.021(1))

A person commits the offense of delivery of a controlled substance causing death if the above-listed things occur, but the person who uses the cocaine mixture dies rather than sustains a serious physical injury (§ 579.022(1)).

Delivering a controlled substance that causes serious physical injury is a Class C felony. (§ 579.021(3)). If convicted, the person faces a mandatory prison sentence of between three years and 10 years.

Delivering a controlled substance causing death is a Class A felony (§ 579.022(3)). If convicted, the person faces a mandatory minimum sentence of 10 years in prison. While 30 years is the usual maximum, a life sentence is also possible.

A person commits the crime of distribution of a controlled substance in a protected location if they knowingly distribute, sell, or deliver cocaine to another in any of the following locations:

• On a school bus, or in, on, or within 2,000 feet of a school (§ 579.030(1)(1))
• In, on, or within 1,000 feet of a park (§ 579.030(1)(2))
• In or on the property of government-assisted housing (e.g., public housing) (§ 579.030(1)(3))

The unlawful distribution of a controlled substance in a protected location is a Class A felony (§ 579.030(2)). If convicted, the person faces a mandatory minimum sentence of 10 years in prison. While 30 years is the usual maximum, a life sentence is also possible.

A person commits the crime of distribution, delivery, or sale of drug paraphernalia if they unlawfully distribute, deliver, sell, or possess drug paraphernalia with the intent to distribute, deliver, or sell it with knowledge (or possible knowledge) that someone will use it to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce cocaine into the human body (§ 579.040(1)).

The unlawful delivery of drug paraphernalia is typically a Class A misdemeanor. If convicted, the defendant faces up to one year of jail time and a fine of up to $2,000. If they made the delivery for commercial purposes, it is a Class E felony instead. If convicted, they face up to four years in prison (§ 579.040(2)).

A person commits the crime of manufacture of a controlled substance if they do any of the following:

• They knowingly manufacture or produce cocaine or grow coca plants (§ 579.055(1)(1))
• They attempt to manufacture or produce cocaine or grow coca plants (§ 579.055(1)(2))
• They knowingly possess cocaine or coca leaves with the intent to manufacture or produce cocaine or grow coca plants (§ 579.055(1)(3))

Manufacturing or attempting to manufacture a controlled substance is a Class C felony (§ 579.055(3)). If convicted, the defendant faces a mandatory sentence of between three years and 10 years in prison.

If they commit the crime within 2,000 feet of school property, it is a Class B felony (§ 579.055(2)). If convicted, the defendant faces a mandatory sentence of between five years and 15 years in prison.

First-degree

A commits the offense of trafficking drugs in the first degree if they knowingly distribute, deliver, manufacture, produce, or attempt to distribute, deliver, manufacture, or produce 150 or more grams of a mixture or substance containing cocaine (§ 579.065(1)(2)).

Trafficking drugs in the first degree is typically a Class B felony (§ 579.065(2)). It elevates to a Class A felony if the amount of cocaine involved is 450 or more grams (§ 579.065(3)(2)). If convicted, the defendant faces the following penalties:

• Class B felony: A mandatory sentence of between five years and 15 years imprisonment
• Class A felony: A mandatory sentence of between 10 and 30 years, with a life sentence also possible

Second-degree

A person commits the crime of trafficking drugs in the second degree if they knowingly possess, control, purchase, attempt to purchase, or bring 150 or more grams of a mixture or substance containing cocaine into Missouri (§ 579.068(1)(2)).

Trafficking drugs in the second degree is typically a Class C felony (§ 579.068(2)). If the offense involves 450 or more grams of cocaine, it is elevated to a Class B felony (§ 579.068(3)). If convicted, the defendant faces the following:

• Class C felony: A mandatory prison sentence of between three years and 10 years
• Class B felony: A mandatory prison sentence of between five and 15 years in prison