In Missouri, selling, giving, or possessing drugs with intent to distribute is charged as delivery of a controlled substance, a class C felony in most cases. Delivery near a school, a park, or public housing is a class A felony, the same class as second degree murder.
This guide covers delivery under RSMo 579.020 and distribution in a protected location under RSMo 579.030: what counts as delivery, how “intent to distribute” is proven, the penalties, and how these cases are defended.
The charge
What is delivery of a controlled substance in Missouri?
Distributing, attempting to distribute, or possessing with intent to distribute.
Under RSMo 579.020, a person commits delivery of a controlled substance if they knowingly distribute or deliver a controlled substance, attempt to, knowingly possess any amount with the intent to distribute or deliver it, or knowingly permit a minor to purchase or transport illegally obtained controlled substances.
- Class C felony (3 to 10 years) for most controlled substances.
- Class E felony (up to 4 years) for delivering 35 grams or less of marijuana or synthetic cannabinoid, with exceptions.
Delivery does not require a sale. Giving drugs to a friend, or sharing them, can qualify. Larger amounts are charged as trafficking, which is defined by weight.
Protected locations
Is selling drugs near a school a class A felony in Missouri?
Yes, under RSMo 579.030.
Knowingly distributing, selling, or delivering any controlled substance, other than 35 grams or less of marijuana, is a class A felony, 10 to 30 years or life, if the person knows the distribution is:
- In, on, or within 2,000 feet of a public or private elementary, vocational, or secondary school, or on a school bus;
- In, on, or within 1,000 feet of a public, state, county, municipal, or qualifying private park; or
- In or on public housing or other government-assisted housing.
The statute requires knowledge of the location. Whether the person knew they were within the zone, and whether the distance was measured correctly, can decide whether the charge is a class A felony or a class C felony.
Intent
How does the State prove intent to distribute?
Usually with circumstantial evidence.
Possession with intent to distribute is often charged without any observed sale. Prosecutors point to things like packaging in separate baggies, scales, large amounts of cash, ledgers, multiple phones, and text messages. Each of these can have innocent explanations, and none is conclusive on its own.
The quantity matters too. An amount consistent with personal use, especially for someone with a substance use disorder, can support a possession charge rather than delivery, which is the difference between a class D and a class C felony.
Defenses
How do you defend a drug delivery charge in Missouri?
The sale, the intent, the location, and the search.
- Controlled buys. Many delivery cases rest on a confidential informant. The informant’s reliability, payment, recordings, and whether the buy was properly controlled are all open to challenge.
- Intent. Evidence of distribution is often weaker than it looks.
- Protected location. Knowledge of the zone and the measurement must be proven.
- The substance. Lab testing must confirm the drug alleged.
- The search. Warrants, traffic stops, and consent searches can be challenged.
- Entrapment. Rarely available, but relevant when government agents induced someone not otherwise inclined to sell.
Delivery cases can also be picked up federally, especially when they involve repeated sales or larger investigations.
FAQ
Drug delivery questions
What class felony is delivery of a controlled substance in Missouri?
Generally a class C felony under RSMo 579.020, 3 to 10 years. Small amounts of marijuana are a class E felony, and delivery in a protected location is a class A felony.
Is giving drugs to a friend delivery?
It can be. Delivery does not require a sale; transferring a controlled substance to another person can qualify.
How close to a school is a class A drug felony?
Within 2,000 feet of an elementary, vocational, or secondary school or on a school bus, if the person knows of the location. Parks carry a 1,000-foot zone, and public housing is covered as well.
Does the school zone include colleges?
The protected location statute lists elementary, vocational, and secondary schools and school buses, not colleges. Missouri’s trafficking statute treats some distribution near colleges differently.
Can a delivery charge be reduced to possession?
Sometimes, when the evidence of intent to distribute is weak. That reduction can change a class C felony to a class D felony and open more options at sentencing.
See our drug crime defense page, or call 573-638-8529. Charged in a specific county? Jefferson City and Cole County, Columbia and Boone County, or Fulton and Callaway County.
Talk to us
Intent is often the weakest part of the case.
If you are charged with drug delivery in Missouri, call before your first court date.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri drug law as of October 2026, not legal advice, and it does not create an attorney-client relationship. The outcome of any case depends on its facts.
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