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Missouri Drug Trafficking 1st Degree Charge

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 which 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 of the 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 are not going to 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 a total weight of marijuana. Packaging, however, is not allowed to be used to calculate total weight and 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. It is vitally important to hire an experienced defense attorney if you are facing these charges. 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 who is 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. 

CONTACT RUTH TODAY

Case evaluations are free and you will always talk directly with Ruth. She can tell you exactly what charges you are facing and give you some options on how to deal with them. So, even if you don’t hire her for your case, you can still get a better understanding of your situation. Call 636-940-1111 now.

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