Drug Laws in Missouri
The State of Missouri takes drug use very seriously and has passed many laws regarding the possession, delivery, distribution, and trafficking of any controlled substances. If you or someone you know has been charged with a crime involving illegal drugs, it is important to understand all of the intricacies as well as the possible punishments or prison terms. Having a veteran criminal defense lawyer on your side will help you achieve the best outcome possible. If you are interested you can also read about the Missouri statutes of limitations.
What are controlled substances?
The federal government has classified various chemicals that can be abused for their effects into five different “schedules”. Each schedule contains some common drugs that you may have heard of as well as plenty more that are less well-known. Common examples of each schedule are listed below.
Schedule I (Substances with a high potential for abuse and with no accepted medical purpose)
- 3,4-methylenedioxymethamphetamine (Ecstasy)
- Gamma-hydroxybutyric acid (GHB)
- Heroin
- Lysergic acid diethylamide (LSD)
- Marijuana or marihuana, except industrial hemp
- Mescaline
- Methaqualone (Qaalude)
- Methylone, or 3,4-Methylenedioxymethcathinone (Bath Salts)
- Peyote
- Psilocybin (Mushrooms)
- Synthetic cannabinoids
Schedule II (Substances with a high potential for abuse, with currently accepted medical use with severe restrictions, and with high potential for psychic or physical dependence)
- Amphetamine, its salts, optical isomers, and salts of its optical isomers (Dexedrine, Adderall)
- Cocaine
- Codeine
- Fentanyl (Sublimaze, Duragesic)
- Hydrocodone (Vicodin)
- Hydromorphone (Dilaudid)
- Meperidine (Demerol)
- Methadone (Dolophine)
- Methamphetamine, its salts, isomers, and salts of its isomers (Desoxyn)
- Methylphenidate (Ritalin)
- Morphine
- Opium
- Oxycodone (OxyContin, Percocet)
- Pentobarbital
Schedule III (Substances with a lesser potential for abuse, with currently accepted medical use, and with moderate to low potential for psychic or physical dependence)
- Anabolic Steroids
- Benzphetamine (Didrex)
- Buprenorphine (Suboxone)
- Ketamine
- Testosterone
- Tylenol with Codeine
Schedule IV (Substances with a low potential for abuse, with currently accepted medical use, and with limited potential for psychic or physical dependence)
- Ambien
- Anabolic Steroids
- Benzphetamine (Didrex)
- Buprenorphine (Suboxone)
- Darvocet
- Ketamine
- Soma
- Testosterone
- Tramadol
- Tylenol with Codeine
- Valium
- Xanax
Schedule V (Substances with an even lower potential for abuse, with currently accepted medical use, and with limited potential for psychic or physical dependence)
- Lomotil
- Lyrica
- Motofen
- Parepectolin
- Robitussin AC
What are the possible penalties for possession of controlled substances?
Possession of any controlled substance in any amount that has not been prescribed by a medical professional (with a few exceptions) is classified as a Class D Felony and carries a potential maximum sentence of seven years.
For marijuana (cannabis) in particular, possession of greater than 35 grams carries this penalty. For possession between 10 and 35 grams, the crime is downgraded to a Class A Misdemeanor which carries a penalty of up to one year in prison and a fine up to $2,000.
Less than 10 grams of marijuana is a Class D Misdemeanor with no prison time but up to a $500 fine. However, if you are a repeat offender and get found with less than 10 grams, it will be upgraded to a Class A misdemeanor.
What is the definition of “delivery” of a controlled substance and what are the possible penalties?
The penalties listed for possession above pertain only to possession for personal use. The police may charge someone with the delivery of a controlled substance if one:
- Knowingly distributes or delivers a controlled substance
- Attempts to distribute or deliver a controlled substance
- Knowingly possesses a controlled substance with the intent to distribute or deliver; or
- Knowingly permits a minor to purchase or transport a controlled substance
The penalties are categorized similarly to the possession discussed above with one set of penalties for marijuana of certain quantities and then other penalties for the rest. There is also a component related to the age of the person receiving the drugs.
Delivery of any controlled substance (including more than 35 grams of marijuana) is a Class C Felony with a prison term between 3 and 10 years. If the person to whom the drug is being distributed is a minor and more than 2 years younger than the person being charged, that crime is upgraded to a Class B Felony with a prison term between 5 and 15 years.
For less than 35 grams of marijuana, being charged with delivery is a Class E Felony with a maximum prison term of 4 years. But, if the recipient is a minor more than two years younger than the person being charged, the crime is upgraded to a Class C Felony with a prison time between 3 and 10 years.
What is the difference between delivery of a controlled substance and trafficking of a controlled substance?
Once the quantities of drugs reach certain levels, then instead of delivery of a controlled substance, the state may charge the crime of trafficking which minimally is a Class C Felony, but can go up all the way to a Class A Felony which is the harshest punishment in the Missouri legal system. It carries a minimum prison sentence of 10 years and a maximum of 30 years.
Examples of the quantities which are enough to constitute trafficking are:
- 30g of Heroin
- 150g of Cocaine
- 500mg of LSD
- 30g of PCP
- 30kg of Marijuana
- 30g of Amphetamine or Methamphetamine
- 30g of Ecstasy
Being charged with a drug crime in Missouri is very serious and potentially carries severe penalties. Twibell Pierson Criminal Law has defended drug cases ranging from simple possession up to interstate trafficking and has a great track record of success.
Getting an attorney on your side early in the process ensures that you have the best chance of limiting or eliminating punishments that affect you and your family’s future.