Delivery and Distribution of a Controlled Substance

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In Missouri, a person commits the offense of delivery of a controlled substance if, except as authorized in this law he or she:

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 any amount of a controlled substance; knowingly permits a minor to purchase or transport illegally obtained controlled substances.

Except when the controlled substance is thirty-five grams or less of marijuana or synthetic cannabinoid or as otherwise provided by law, the offense of delivery of a controlled substance is a class C felony.

Except as otherwise provided by law, the offense of delivery of thirty-five grams or less of marijuana or synthetic cannabinoid is a class E felony.

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.

The offense of delivery of a controlled substance is a class B felony if:

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 the person knowingly permits a minor to purchase or transport illegally obtained controlled substances.

A person commits the offense of distribution of a controlled substance in a protected location if he or she knowingly distributes, sells, or delivers any controlled substance, except thirty-five grams or less of marijuana or synthetic cannabinoid, to a person with knowledge that that distribution, delivery or sale is:

• In, on, or within two thousand feet of, the real property comprising a public or private elementary,
• vocational, or secondary school,
• or on any school bus;
• or in, on, or within one thousand feet of, the real property comprising a public park, state park, county park, municipal park, or private park designed for public recreational purposes, as park is defined; or in or on the real property comprising public housing or other governmental assisted housing.

The offense of unlawful distribution of a controlled substance in a protected location is a class A felony.

In Missouri, a person commits the offense of unlawful distribution, delivery, or sale of drug paraphernalia if he or she unlawfully distributes, delivers, or sells, or possesses with intent to distribute, deliver, or sell drug paraphernalia knowing, or under circumstances in which one reasonably should know, that it will be used 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 into the human body a controlled substance or an imitation controlled substance in violation of the law.

The offense of unlawful delivery of drug paraphernalia is a class A misdemeanor, unless done for commercial purposes, in which case it is a class E felony.