Possession of a controlled substance is generally charged as a Class D Felony, unless the substance is less than 35 grams of marijuana or synthetic cannabinoid. Often, charges can be dismissed through a suspended imposition of sentence (SIS) following completion of a drug program. For a free consultation with a Missouri criminal defense attorney, call The Law Offices of Benjamin Arnold at (913) 777-HELP, or visit us on the web at kcdui.com.
Elements of the Offense
To be convicted of possession of a controlled substance, the prosecution must prove that someone knowingly possessed a controlled substance.
Knowingly possessed
Someone who is charged with possession of a controlled substance must do so knowingly. In other words, someone is not likely to be found guilty if it can be proven that a third party “planted” the drugs on them, or in their car. Possession can be actual or constructive. An example of actual possession would be if someone is found to have a controlled substance on their person or in their pocket. Constructive possession can be proven if the person is found to be in a vehicle which contains the substance, or if they are otherwise constructively in possession despite not literally physically possessing the substance.
A controlled substance
Common examples of controlled substances include marijuana (over 35 grams), cocaine, heroin, meth, heroin, fentanyl, ecstasy/ fentanyl, as well as prescription drugs such as Xanax, Adderall, Vicodin, etc.
Severity of the Offense
Depending on the type of substance and the prior criminal record of the offender, possession of a controlled substance can be charged either as a misdemeanor or as a felony.
Possession of less than ten (10) grams of marijuana
This is charged as a Class D Misdemeanor, carrying a maximum fine of $500. If the person has prior convictions for drug possession, they will be charged with a Class A Misdemeanor, which carries up to a year in jail and a $2,000 fine.
Possession of between 10 and 35 grams of marijuana.
If someone has prior convictions, or possesses between 10 and 35 grams of marijuana, they will be charged with a Class A Misdemeanor, which carries up to a year in jail and a $2,000 fine.
Possession of any other controlled substance
Any quantity of a controlled substance other than 35 grams or less of marijuana will be charged as a Class D Felony, which carries a maximum penalty of four (4) years in prison. It is important to be aware that significant quantities or the presence of evidence of distribution can lead to greater charges, including possession with the intent to deliver.
The Takeaway
Despite a grim outlook, it is not impossible to beat a possession of a controlled substance charge. A skilled criminal defense attorney may be able to find error on the part of police which may result in evidence being suppressed, or even the case being thrown out in its entirety. Even if neither of these results are possible, an a criminal defense attorney may be able to make a case for diversion or suspended imposition of sentence if the prosecution is convinced there is a risk of going to trial. A criminal charge is not the end of the world, but it can have lasting consequences and be a giant hassle if you do not address it properly and keep the court satisfied. If you have been arrested for a crime in Kansas City, it is in your best interests to act quickly and secure competent legal representation. For a free consultation from an affordable criminal defense attorney, contact The Law Offices of Benjamin Arnold by phone at (913) 777-HELP, by email at ben@kcdui.com, or by visiting kcdui.com for more information.
