What is required for the charge of Delivery of a Controlled Substance?

The charge of Delivery of a Controlled Substance requires that the individual knowingly transfers or distributes a controlled substance. This means that the person must be aware that they are involved in the transfer of a drug classified as a controlled substance and must take action to distribute it, whether through sale, gift, or other means. The element of knowledge is critical because it distinguishes this act from mere possession; it demonstrates the individual’s intent to engage in the distribution of drugs.

Transferring or distributing implies that the controlled substance is actively given to another person, which is integral to establishing the crime of delivery. This aligns with Missouri law, which emphasizes the act of knowingly distributing drugs as significant in prosecuting such cases. The focus is on the action of delivering, as opposed to simply possessing or holding a substance, which would not suffice for this particular charge.

In contrast, just holding a controlled substance without the intent to distribute or transfer would not complete the act needed for a delivery charge. Similarly, selling a substance that merely appears to be a drug might not fulfill the legal requirements if it isn't an actual controlled substance. Lastly, possessing drugs with intent to keep them does not meet the requirements for delivery, as it pertains to possession rather than the act of distributing to others