Understanding Delivery and Distribution Charges in Missouri
December 14, 2021
The delivery of a controlled substance in Missouri can lead to serious consequences, potentially extensive prison time and hefty fines.
If you’re facing charges for delivery of a controlled substance, it’s in your best interest to consult with a proven Missouri criminal defense lawyer as soon as possible.
Contact the Jefferson City criminal defense team at Kirsch & Kirsch today for your free initial consultation. Continue reading to learn more about distribution of a controlled substance and delivery of a controlled substance offenses in Missouri.
What Constitutes Delivery of a Controlled Substance in Missouri?
There is a big difference between typical delivery of controlled substance charges vs. delivering a controlled substance in a protected location.
That means that two people with nearly identical evidence against them can face vastly different consequences depending on where the intended or actual delivery or sale occurs. Learn more about each below.
Delivery of a Controlled Substance
According to § 579.020 RSMo., an individual is guilty of delivering a controlled substance if they:
- Intentionally distribute or deliver a controlled substance
- Make an unsuccessful attempt at delivering or distributing a controlled substance
- Intentionally possess a controlled substance while intending to distribute/deliver it
- Deliberately allow a minor to purchase or transport an unlawfully obtained controlled substance
It’s important to note that it doesn’t take much evidence to be convicted for delivering a controlled substance. A recent Court of Appeals decision suggests you could be convicted by merely having the residue of an unlawful drug on a scale OR other indicators of illicit drug sales like baggies.
The delivery of a controlled substance in MO can be a class E, D, C, or B felony.
Distribution of a Controlled Substance in a Protected Location
Under § 579.030 RSMo., an individual is guilty of distributing a controlled substance in a protected location if they intentionally sell, deliver, or distribute a controlled substance (other than 35g or less of marijuana) while knowing that the transaction was:
- In, on, or within 2,000 feet of an elementary, secondary, or vocational school (including school buses).
- In, on, or within 2,000 feet of most public, private, county, state, or municipal parks
- In or on public housing or government-assisted housing
Individuals charged with the unlawful distribution of a controlled substance in a protected location face class A felony charges.
Unlawful Delivery, Distribution, or Sale of Drug Paraphernalia
Per § 579.040 RSMo., an individual is guilty of the unlawful distribution, delivery, or sale of drug paraphernalia if they illegally:
- Deliver, OR
Drug paraphernalia while knowing that the paraphernalia will be used to grow, plant, harvest, produce, process, test, store, conceal, ingest, etc., a controlled substance. Unlike the charges mentioned above, unlawful distribution, delivery, or sale of drug paraphernalia is a misdemeanor offense.
However, defendants may face class E felony charges if it is determined that the paraphernalia was used or intended to be used for commercial purposes.
Do Defendant’s Qualify For Drug Court?
Missouri Drug Court is a possibility for individuals who need help combatting drug addiction. That means that most people charged with unlawful distribution, sale, or delivery of a controlled substance may not be eligible. However, there are exceptions. Contact us to speak about your case.
Defendants Might Face Felony Charges
Depending on the circumstances of your case (i.e., if the offense occurs in multiple states or there are a considerable amount of controlled substances involved), you may face federal charges for the delivery and distribution of unlawful substances. It’s important to note that federal charges may incur mandatory minimum sentencing – which can include extensive prison time.
What Should I Do If Charged With Delivery or Distribution of a Controlled Substance?
If you or a loved one is fighting drug delivery/distribution charges, your freedom and reputation are at stake. It’s in your best interest to work with the best drug crimes lawyer in Missouri for your circumstances.
At Kirsch & Kirsch, our criminal defense lawyers have hands-on experience with state and federal drug crime laws, procedures, and trials. We understand what it takes to mount a successful defense, and we won’t stop until we obtain the best possible outcome for you and your family.
Contact us today to schedule your free initial consultation with an experienced drug crimes lawyer in Missouri.