Summary — HB 1625 (Missouri): Modifies trafficking-of-drugs offenses (RSMo §§ 579.065 & 579.068)
Status and timeline
- Introduced as a replacement of sections 579.065 and 579.068, RSMo.
- Passed both chambers in mid‑April 2025 (third reading/passage 4/16/2025), correctly enrolled and transmitted to the Governor’s Office. Notification lists HB1625 as Act 974 (4/22/2025).
- Bill text targets statewide controlled‑substance trafficking statutes (first and second degree).
Purpose / intent
- To revise and re‑enact Missouri’s statutory definitions and quantity thresholds that trigger the offenses of trafficking drugs in the first and second degree, and to adjust which quantities elevate an offense to a higher class felony. The changes focus particularly on fentanyl and carfentanil and retain (with some other adjustments) existing thresholds for a range of other controlled substances.
Key provisions and substantive changes
- Repeals and reenacts RSMo § 579.065 (trafficking in the first degree) and § 579.068 (trafficking in the second degree), replacing the enumerated quantity thresholds that define those offenses.
- Fentanyl and carfentanil:
- First‑degree trafficking now includes distribution/manufacture/etc. of more than 3 milligrams of fentanyl (or compounds/mixtures containing a detectable amount of fentanyl). The bill also lists “any amount of carfentanil” as falling within first‑degree trafficking.
- The quantity that elevates the offense to a class A felony is lowered for fentanyl to 14 milligrams or more (previously higher in prior law).
- For carfentanil, a threshold for a class A felony is established at more than 0.05 milligrams (five hundredths of a milligram).
- Other substances: The bill retains or restates established quantity thresholds for many controlled substances (examples in § 579.065 include heroin, cocaine/coca derivatives, LSD, PCP, marijuana, amphetamines, methamphetamine, MDMA, flunitrazepam, gamma‑hydroxybutyric acid) and preserves the two‑tier structure where larger quantities (or certain locations) convert a class B felony into a class A felony.
- Penalties:
- Trafficking in the first degree is defined generally as a class B felony, but specific higher‑quantity offenses are charged as class A felonies as enumerated in the statute.
- The bill continues to specify aggravating location‑based provisions (e.g., within 2,000 feet of schools or certain housing, in a motor vehicle, or in transient lodging) that can elevate the charge to class A for certain substances/quantities.
Who is affected
- Individuals who distribute, deliver, manufacture, produce, possess with intent to distribute, transport, or bring into the state controlled substances — especially cases involving fentanyl and carfentanil.
- Prosecutors, defense attorneys, courts and corrections — through changes in prosecutable thresholds and potential increases in class A felony filings.
- Law enforcement and public‑safety agencies engaged in opioid/fentanyl enforcement and interdiction.
- Communities affected by fentanyl/car-fentanil overdose risks; the statutory change reflects legislative prioritization of synthetic opioid enforcement.
Practical impact and considerations
- Lowered quantity thresholds for fentanyl (and explicit inclusion of any amount of carfentanil) will likely increase the number of conduct instances that meet trafficking definitions and could result in more severe felony charges for smaller amounts of synthetic opioids.
- Potential for increased prosecutions, higher sentences, and greater correctional impacts if charging practices reflect the new thresholds.
- The bill preserves existing quantity‑based definitions for many other controlled substances and maintains location‑based sentencing enhancements.
- Any enforcement or fiscal impacts on state agencies (courts, corrections) would depend on prosecutorial charging practices and caseload changes; legislative documents in the file do not include a detailed fiscal analysis for these effects.
Text reference
- Replaces RSMo §§ 579.065 and 579.068 (full statutory language as engrossed available in the bill text; selected quantities cited above reflect the bill’s enumerated thresholds).