Delivery of a controlled substance, or possession of a controlled substance with the intent to distribute or deliver is a Felony level charge in Missouri. Of note, this criminal offense does not actually require you to have distributed the controlled substance; the intent to distribute can be proven if someone is in possession of a large quantity of a controlled substance, or found with evidence of distribution such as scales, baggies, ledgers, or data retrieved from an electronic device. For a free consultation with a Missouri criminal defense attorney, call The Law Offices of Benjamin Arnold at (913) 777-HELP, or visit us on the web at kcdui.com.
Elements of the Offense
A person commits the offense of delivery of a controlled substance if they knowingly distribute, or attempt to distribute a controlled substance. Someone can also be charged if they are found to possess a controlled substance with the intent to distribute, or if they knowingly permit a minor to purchase or transport illegally obtained controlled substances.
Knowingly distribute or attempt to distribute
A person is said to knowingly distribute a controlled substance if they sell or otherwise deliver a controlled substance to a third party. They can also be charged if they attempt to distribute a substance, but fail to achieve their objective, whether it be a foiled attempt by a law enforcement or if the buyer gets cold feet.
Possession with the intent to distribute
Possession with intent can be proven if someone is found with bags, drug ledgers, incriminating electronic information, or a large quantity of the substance, which depends on the particular substance.
A controlled substance
Common examples of controlled substances include marijuana (over 35 grams), cocaine, heroin, meth, heroin, fentanyl, ecstasy/ fentanyl, as well as prescription drugs such as Xanax, Adderall, Vicodin, etc.
Severity of the Offense
The severity of a delivery offense is determined by the type of controlled substance, the quantity of the substance, and the location where the offender committed the act. A Missouri criminal defense attorney may be able to assist in having the charges against you dropped or reduced.
Delivery of a Controlled Substance as a Class E Felony
This lower level charge is only available if the substance is less than 35 grams of marijuana or synthetic cannabinoid, is not committed in a protected area such as a school, and the person who received the marijuana was an adult or less than two years younger than the defendant. A Class E Felony is punishable by up to two (2) years in the Missouri Department of Corrections.
Delivery of a Controlled Substance as a Class C Felony
This level of charge is one of those odd nuances in the law. This will apply when an individual delivers 35 grams or less of marijuana to a person less than seventeen years of age who is at least two years younger than the defendant. A Class C Felony delivery charge is punishable by at least three (3) but not more than ten (10) years in prison.
Delivery of a Controlled Substance as a Class B Felony
Delivery of a controlled substance other than 35 grams or less of marijuana is a Class B Felony, carrying a sentence of between five (5) and fifteen (15) years in prison. This level of charge can also arise when a person knowingly permits a minor to purchase or transport an illegally obtained controlled substance,
Delivery of a Controlled Substance as a Class A Felony
Delivery of a controlled substance is a Class A Felony, which carries a ten (10) year to potential life sentence, when the offense occurs in a protected area such as a school, or government funded housing project.
The Takeaway
Despite a grim outlook, it is not impossible to beat a delivery of a controlled substance charge. A skilled attorney may be able to find error on the part of police which may result in evidence being suppressed, or even the case being thrown out in its entirety. Even if neither of these results are possible, an a criminal defense attorney may be able to make a case for diversion or suspended imposition of sentence if the prosecution is convinced there is a risk of going to trial. A criminal charge is not the end of the world, but it can have lasting consequences and be a giant hassle if you do not address it properly and keep the court satisfied. If you have been arrested for a crime in Kansas City, it is in your best interests to act quickly and secure competent legal representation. For a free consultation from an affordable criminal defense attorney, contact The Law Offices of Benjamin Arnold by phone at (913) 777-HELP, by email at ben@kcdui.com, or by visiting kcdui.com for more information.
