When a person is convicted of the unlawful delivery or manufacture of a controlled substance, the court shall sentence the person to a term of incarceration ranging from:
(1) 58 months to 130 months, depending on the person’s criminal history, if the delivery or manufacture involves:
- (a) 500 grams or more of a mixture or substance containing a detectable amount of cocaine;
- (b) 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers or salts of its isomers;
- (c) 100 grams or more of a mixture or substance containing a detectable amount of heroin;
- (d) 100 grams or more of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy; or
- (e) 100 grams or more or 500 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of ecstasy.
(2) 34 months to 72 months, depending on the person’s criminal history, if the delivery or manufacture involves:
- (a) 100 grams or more of a mixture or substance containing a detectable amount of cocaine;
- (b) 100 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers or salts of its isomers;
- (c) 50 grams or more of a mixture or substance containing a detectable amount of heroin;
- (d) 50 grams or more of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy; or
- (e) 50 grams or more or 250 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of ecstasy.
Note: See note under 475.907.
[2008 c.14 §2; 2021 c.591 §41; 2023 c.9 §42]