In Missouri, the charge of trafficking drugs 1st degree occurs when a person knowingly distributes, delivers, manufactures, produces, or attempts to distribute, deliver, manufacture, or produce specified large amounts of certain controlled substances listed in the chart below.
|
Drug |
Class B Felony |
Class A Felony |
|
Heroin |
30 grams |
90 grams |
|
Cocaine |
150 grams |
450 grams |
|
Crack |
4 grams |
12 grams |
|
LSD |
500 milligrams |
1 gram |
|
PCP (in a mixture) |
30 grams |
90 grams |
|
PCP (pure) |
4 grams |
12 grams |
|
Marijuana |
30 kilograms |
100 kilograms |
|
Methamphetamines |
30 grams* |
90 grams |
|
Ecstasy |
30 grams* |
90 grams |
|
Rohypnol |
1 gram (1st offense) |
1 gram (previous offender) |
|
GHB |
Any amount (1st offense) |
Any amount (previous offender) |
|
Fentanyl |
10 milligrams |
20 milligrams |
Trafficking 1st degree involving 30 or more grams of methamphetamine or ecstasy will be charged as a class A felony if it is committed in a protected location, in a motor vehicle, or in a building that contains rooms furnished for the lodging of guests (hotel, motel, etc.). For a discussion of the issues concerning a protected location, see this page.
The amount of controlled substance that will substantiate a trafficking 1st-degree charge is, with a few exceptions, the same as for trafficking 2nd-degree, but the punishment is one class higher for 1st-degree. The difference between the two charges is that trafficking 1st degree is intended to be charged for making or selling large amounts of drugs while trafficking 2nd is a possession charge. It would, presumably, be unusual for someone to be found with a class B amount of a controlled substance such as a half kilogram of cocaine or over 200 pounds of marijuana and not be accused of at least an attempt to distribute or deliver, but that is the way the law is written.
The amounts listed for most drugs on the chart above are for any mixture containing a detectable amount of a controlled substance. If you are caught in possession of cocaine or heroin that has been stepped on hard, the police will not try to determine the amount of pure drugs in the mixture; you will be charged with the whole amount. Appellate courts have upheld convictions in which blotter paper was used to calculate the total weight of an LSD charge, and dirt, stems, and seeds were included in the total weight of marijuana. Packaging, however, cannot be used to calculate total weight; an experienced defense attorney will know to be on the lookout for this.
Drug trafficking 1st degree in Missouri is a very serious charge, carrying some of the highest penalties possible. Hiring an experienced defense attorney if you are facing these charges is vitally important. You need a lawyer who knows how to examine every detail of law enforcement conduct to find the key to a dismissal. If a dismissal is not possible, you need a lawyer known for exceptional plea negotiation skills and, if it comes down to a trial, one with a proven record of winning in court. You owe it to yourself to protect your future by hiring criminal defense attorney Ruth Beerup.