The enhancement penalties for repeated drug-related felonies are among the most severe in Missouri. While other “persistent” felony crimes move a sentence up by one level, the “Persistent Drug Offender” designation under RSMo 579.170 can trigger a “double jump” in felony sentencing.

1. Defining the “Persistent Drug Offender”

According to RSMo 579.170.1(1), a “Persistent drug offender” is someone who has been found guilty of two or more felony offenses relating to controlled substances.

2. The “Double Jump” Enhancement

The most striking feature of this law is found in RSMo 579.170.5. If a persistent drug offender is found guilty of a Class C, D, or E felony, the court is required to sentence them to a term of imprisonment for an offense two classes higher than the one they were found guilty of.

Actual Drug Charge	Normal Range	Persistent Drug Offender (+2 Classes)
Class E Felony	Up to 4 years	Sentenced as Class C: 3 to 10 years
Class D Felony	Up to 7 years	Sentenced as Class B: 5 to 15 years
Class C Felony	3 to 10 years	Sentenced as Class A: 10 to 30 years or Life
Class B Felony	5 to 15 years	Sentenced as Class A: 10 to 30 years or Life

3. Loss of Jury Sentencing

Under RSMo 579.170.3, the court will not instruct the jury on the range of punishment, nor will the jury be allowed to assess and declare the punishment as part of its verdict. The judge carries the sole responsibility for determining the sentence within these significantly higher ranges.

4. Pleading and Proving the Prior

For these enhancements to apply, the state must follow the requirements of RSMo 558.021. The prosecutor must “plead and prove” the prior findings of guilt to the judge before the case is submitted to the jury.