579.020. Delivery of a controlled substance — penalties.
1. A person commits the offense of delivery of a controlled substance if, except as authorized in this chapter or chapter 195, he or she:
- (1) Knowingly distributes or delivers a controlled substance;
- (2) Attempts to distribute or deliver a controlled substance;
- (3) Knowingly possesses a controlled substance with the intent to distribute or deliver any amount of a controlled substance; or
- (4) Knowingly permits a minor to purchase or transport illegally obtained controlled substances.
2. Except when the controlled substance is thirty-five grams or less of marijuana or synthetic cannabinoid or as otherwise provided under subsection 5 of this section, the offense of delivery of a controlled substance is a class C felony.
3. Except as otherwise provided under subsection 4 of this section, the offense of delivery of thirty-five grams or less of marijuana or synthetic cannabinoid is a class E felony.
4. The offense of delivery of thirty-five grams or less of marijuana or synthetic cannabinoid to a person less than seventeen years of age who is at least two years younger than the defendant is a class C felony.
5. The offense of delivery of a controlled substance is a class B felony if:
- (1) The delivery or distribution is any amount of a controlled substance except thirty-five grams or less of marijuana or synthetic cannabinoid, to a person less than seventeen years of age who is at least two years younger than the defendant; or
- (2) The person knowingly permits a minor to purchase or transport illegally obtained controlled substances.