Drug Trafficking Laws in Missouri

Selling or delivering a controlled substance, or possessing it with intent to distribute (called delivery of a controlled substance), is a class C felony (3 to 10 years); 35 grams or less of marijuana is a class E felony, and delivery to someone under 17 who is at least 2 years younger is a class B felony. Trafficking in the first degree (distributing, manufacturing or attempting to, above set amounts, such as more than 30 grams of heroin or methamphetamine, more than 150 grams of cocaine, more than 3 milligrams of fentanyl, or any carfentanil) is a class B felony (5 to 15 years), and a class A felony (10 to 30 years or life) at larger amounts, such as 90 grams or more of heroin or methamphetamine, 450 grams or more of cocaine, or 14 milligrams or more of fentanyl. Trafficking in the second degree (possessing or buying those amounts) is a class C, B or A felony depending on quantity.

Missouri's rule on court-appointed lawyers: The state public defender system represents eligible indigent persons. Eligibility is determined by the state public defender (or a person working under the defender) based on the person's 'ability to make bond, his income and the number of persons dependent on him for support.' A person claiming indigency files an affidavit with the court containing the information the public defender commission requires; either party may ask the court where the case is pending to decide whether the public defender may represent the defendant. Knowingly making a false affidavit to obtain services is a class A misdemeanor. The section does not set an application fee. RSMo § 600.086

Lawyers set their own fees, and Missouri has rules on how they may charge. See hiring a criminal defense lawyer in Missouri for fee rules, how to check a lawyer's license and free help.

How release before trial works in Missouri: 'That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great' (Mo. Const. art. I, § 20). By statute, a person charged with a bailable offense may be released on personal recognizance unless the judge finds that release will not reasonably assure the person's appearance; the judge may then impose conditions such as supervised custody, travel or association limits, a bail bond or cash deposit, reporting, or house arrest with electronic monitoring (§ 544.455.1). The judge considers the nature of the offense, the weight of the evidence, family ties, employment, financial resources, character and mental condition, length of residence, criminal record, and record of court appearances (§ 544.455.2). Conditions are reviewed for a person still detained after 24 hours because the person cannot meet them. Mo. Const. art. I, § 20; RSMo § 544.455 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Missouri expungement and record sealing rules.