Missouri Drug 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 § 579.045 (fraudulently attempting to obtain a controlled substance)
• MRS § 579.055 (manufacture of a controlled substance)
• MRS § 579.065 (trafficking drugs – first degree)
• MRS § 579.068 (trafficking drugs – second degree)

A person who knowingly possesses a controlled substance without the lawful authorization to possess it commits the offense of possession of a controlled substance. (§ 579.015(1))

The possession of any controlled substance is a Class D felony, except for 35 grams or less of marijuana or a synthetic cannabinoid. (§ 579.015(2))

Possessing more than 10 grams of marijuana or a synthetic cannabinoid but less than 35 grams is a Class A misdemeanor. (§ 579.015(3))

Possessing 10 or fewer grams of marijuana or synthetic cannabinoids is a Class D misdemeanor. If the defendant has prior drug convictions, it is a Class A misdemeanor. (§ 579.015(4))

A person who does any of the following without legal authorization commits the offense of delivery of a controlled substance:

• Knowingly distributes or delivers a controlled substance (§ 579.020(1)(1))
• Attempts to distribute or deliver a controlled substance (§ 579.020(1)(2))
• Knowingly possess a controlled substance with the intent to distribute or deliver any amount of it (§ 579.020(1)(3))
• Knowingly permits a minor to buy or transfer illegally obtained controlled substances (§ 579.020(1)(4))

Delivery of a controlled substance is a Class C felony, except for 35 grams or less of marijuana or a synthetic cannabinoid (§ 579.020(2))

The offense is elevated to a Class B felony in the following circumstances:

• If they delivered any amount of a controlled substance, except 35 grams or less of marijuana or synthetic cannabinoids, to a person who is less than 17 years old and is two years younger than the defendant (§ 579.020(5)(1))
• If they knowingly permit a minor to purchase or transport illegally obtained controlled substances (§ 579.020(5)(2))

If the crime involves 35 grams or less of marijuana or a synthetic cannabinoid, it is a Class E felony. (§ 579.020(3)) If the defendant delivered it to a person who was 17 years old or younger and the defendant is at least two years older than the defendant, it elevates to a Class C felony. (§ 579.020(4))

If a person delivers or otherwise distributes a Schedule I or II controlled substance in violation of § 579.020, and they know that such is mixed with another Schedule I or II controlled substance, and a person who uses it sustains a serious physical injury, the person commits the offense of delivery of a controlled substance causing serious physical injury. (§ 579.021(1))

Delivering a controlled substance that causes serious physical injury is a Class C felony. (§ 579.021(3))

If the user dies as a result of using said controlled substance, the person who delivered it commits the offense of delivery of a controlled substance causing death, which is a Class A felony. (§579.022(1))

A person who knowingly distributes, sells, or delivers a controlled substance, except 35 grams or less of marijuana or synthetic cannabinoids, to another person, knowing that the distribution, delivery, or sale took place in the following locations, commits the offense of distribution of a controlled substance in a protected location:

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

The unlawful distribution of a controlled substance in a protected location is a Class A felony. (§ 579.030(2))

A person who unlawfully distributes, delivers, sells, or possesses drug paraphernalia with the intent to distribute, deliver, or sell it with knowledge or should know 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 a controlled substance into the human body commits the offense of unlawful distribution, delivery, or sale of drug paraphernalia. (§ 579.040(1))

The unlawful delivery of drug paraphernalia is a Class A misdemeanor. If the delivery was done for commercial purposes, it elevates to a Class E felony. (§ 579.040(2))

A person who knowingly obtains or attempts to obtain a controlled substance or procure or attempts to procure the administration of a controlled substance by fraud commits the offense of fraudulently attempting to obtain a controlled substance. (§ 579.045(1)). The offense includes the following:

• Knowingly making a false statement in a prescription order, report, or record (§ 579.045(1)(1))
• Falsely assuming the title or representing themselves as a manufacturer, wholesaler, pharmacist, physician, dentist, podiatrist, veterinarian, nurse, or other authorized person (§ 579.045(1)(2))
• Making or uttering any false or forged prescription or written order (§ 579.045(1)(3))
• Affixing a false or forged label to a package or receptacle containing controlled substances (§ 579.045(1)(4))
• Possessing a false or forged prescription while intending to obtain a controlled substance (§ 579.045(1)(5))

Fraudulently attempting to obtain a controlled substance is a Class E felony. (§ 579.045(2))

A person who does any of the following commits the offense of manufacture of a controlled substance:

• They knowingly manufacture, produce, or grow a controlled substance (§ 579.055(1)(1))
• They attempt to manufacture, produce, or grow a controlled substance (§ 579.055(1)(2))
• They knowingly possess a controlled substance with the intent to manufacture, produce, or grow a controlled substance (§ 579.055(1)(3))

The offense of manufacturing or attempting to manufacture a controlled substance, except 35 grams or less of marijuana or synthetic cannabinoids, is a Class C felony. (§ 579.055(3))

The following circumstances elevate the felony charge:

• If they commit the crime within 2,000 feet of school property: Class B felony (§ 579.055(2))
• If a person suffers a serious physical injury or dies as a result of a fire or explosion that starts during an attempt to produce methamphetamine: Class A felony (§ 579.055(2))

Manufacturing 35 grams or less of marijuana or a synthetic cannabinoid is a Class E felony. (§ 579.055(4))

A person knowingly distributes, delivers, manufactures, produces, or attempts to distribute, deliver, manufacture, or produce the following (among others) commits the offense of trafficking drugs in the first degree:

• More than 30 grams of a mixture or substance containing a detectable amount of heroin (§ 579.065(1)(1))
• More than 150 grams of a mixture or substance containing a detectable amount of cocaine (§ 579.065(1)(2))
• More than 500 grams of a mixture or substance containing a detectable amount of LSD (§ 579.065(1)(3))
• More than 30 grams of a mixture or substance containing a detectable amount of PCP (§ 579.065(1)(4))
• More than four grams of PCP (§ 579.065(1)(5))
• More than 30 kilograms of a mixture or substance containing marijuana (§ 579.065(1)(6))
• More than 30 grams of a material, compound, mixture, or preparation containing stimulants, like amphetamines and methamphetamine (§ 579.065(1)(7))
• More than 10 milligrams of fentanyl, carfentanil, their derivatives, or any combination thereof, including compounds, mixtures, or substances containing detectable amounts of fentanyl or carfentanil (§ 579.065(1)(11))

A person who knowingly possesses, controls, purchases, attempts to purchase, or brings the above-listed amounts of drugs into Missouri commits the crime of trafficking drugs in the second degree. (§ 579.068)

Trafficking drugs in the first degree is a Class B felony. (§ 579.065(2)). Depending on the amount of drugs involved, it may elevate to a Class A felony. (§ 579.065(3)(1)-(13))

Trafficking drugs in the second degree is a Class C felony. Depending on the amount of drugs involved, it may elevate to a Class B felony. (§ 579.068(3)(1)-(10))

Trafficking drugs in the second degree is a Class A felony if the quantity of drugs involved is 450 grams or more of a material, compound, mixture, or preparation that contains the following:

• Amphetamine, methamphetamine, phenmetrazine, or methylphenidate
• Any quantity of methylenedioxymethamphetamine(§579.068(4)(1)-(2))

If convicted of a felony or misdemeanor, a person faces the following penalties:

• Class A felony: a mandatory minimum sentence of 10 years in prison, up to 30 years, or a life sentence.
• Class B felony: a mandatory minimum sentence of five years in prison, up to 15 years
• Class C felony: a mandatory minimum sentence of three years in prison, up to 10 years
• Class D felony: up to seven years in prison
• Class E felony: up to four years in prison
• Class A misdemeanor: up to one year of jail time and a fine of up to $2,000
• Class D misdemeanor: a fine of up to $500.