The Missouri charge of trafficking drugs second-degree (RSMo 579.068) is confusing to many people because the term “trafficking” is employed outside the scope of its regular use. Generally, when one thinks of trafficking drugs, they think of moving or selling large amounts. The Missouri 2nd-degree charge, however, is more about possessing or buying. It can be charged when one knowingly and without legal authorization
- possesses
- has under their control
- purchases
- attempts to purchase or
- brings into the state
large amounts of certain kinds of drugs. The drugs and minimum quantities are in the chart below. Please note that when naming the drugs, the statute uses specific terminology for precision dropped here in the interest of clarity. Also, for all drugs except unmixed PCP, the statute refers to a mixture or substance containing the drug. For example, if you cut cocaine with laundry detergent, the entire amount will be weighed as cocaine.
|
Drug |
C Felony Amount |
B Felony Amount |
|
Heroin |
30 grams |
90 grams |
|
Cocaine |
150 grams |
450 grams |
|
Crack |
8 grams |
24 grams |
|
LSD |
500 milligrams |
1 gram |
|
PCP (mixed) |
30 grams |
90 grams |
|
PCP (unmixed) |
4 grams |
12 grams |
|
Marijuana |
30 kilograms |
100 kg or 500 plants |
|
Methamphetamines |
30 grams |
90 grams |
|
Fentanyl |
10 milligrams |
20 milligrams |
|
Ecstasy |
30 grams |
90 grams |
.
Methamphetamines includes amphetamines, phenmetrazine, and methylphenidate (Ritalin). These drugs and Ecstasy (3,4-methylenedioxymethamphetamine) will be charged as a Class A felony if found in amounts greater than 450 grams. The drug flunitrazepam (Rohypnol, etc.) has its own thing going on. It is a class C felony for a first offense and a class B for a second or subsequent offense for trafficking less than one gram.
As of 2023, Amendment 3 legalized the personal use of marijuana. The amendment did not change the trafficking statutes, so having large amounts can still result in a high-level felony.
Many of the issues surrounding drug possession cases are also present in trafficking 2nd-degree cases. Generally, the state has to prove that you consciously possessed, tried to buy, or brought into the state something that you knew to be of specific drug-like nature. For an in-depth discussion regarding those issues, please visit this page. However, the state does not have to prove that you knew the exact amount of the drug present. Not knowing that the amount of drugs was enough for a trafficking charge is also not a defense. The simple fact of a sufficiently large amount of a controlled substance is enough to trigger the consequences that come with a trafficking 2nd-degree conviction.
Make no mistake about it; those consequences can be severe. A class C felony carries a possible prison term of 3 to 10 years, and a class B is 5 to 15. The state will have its best prosecutors on a case like this; you need an experienced defense lawyer on your side. One who has walked clients free on trafficking cases. One who can negotiate with prosecutors if a dismissal isn't there. One who can fight for you at trial if it comes to that. You have a story to tell. You might be innocent. You might have made a terrible mistake because you were desperate, manipulated, or living a lifestyle you are ready to change. Whatever it is, criminal defense attorney Ruth Beerup can understand your situation and make others understand too. Let her tell your story.