In Missouri, possession of a controlled substance other than 35 grams or less of marijuana is a Class D Felony, which carries up to a seven year prison sentence. Possession can be proven by showing actual or constructive possession, meaning someone can be convicted without actually being in possession of the contraband if the prosecution can show multiple persons had knowledge and/ or access to the controlled substance. In addition to the typical street drugs- cocaine, methamphetamines, heroin, crack, molly, ecstasy, and LSD, possession of prescription drugs such as Xanax, Percocet, and Adderall without a valid prescription can be charged under RSMo §579.019.
There is some confusion on the legality of marijuana in Missouri. Technically, the statute reads that possession of less than ten grams is a Class D Misdemeanor, unless they have been previously convicted of the offense, in which case it will be treated as a Class A Misdemeanor. Possession of between ten and thirty-five grams of cannabis is a Class A Misdemeanor, while over thirty-five grams is a Class D Felony. However, in Jackson County, the prosecution has taken the stance that it will not prosecute the possession of small amounts of marijuana. For obvious reasons, this can become complicated for many situations.
For details on Missouri sentencing guidelines, check out my blog. If you have been charged with possession of a controlled substance, choice of legal counsel is an important decision you must make. For a free consultation, call The Law Offices of Benjamin Arnold at (913) 777-HELP or contact us here.
For details on Missouri sentencing guidelines, check out my blog post on my blog. If you have been accused of possessing drug paraphernalia, choice of legal counsel is an important decision you must make. For a free consultation, call The Law Offices of Benjamin Arnold at (913) 777-HELP or contact us here.
Possession of drug paraphernalia is generally a Class D Misdemeanor, but can be charged as a Class A Misdemeanor if the individual has prior drug offenses. As with a possession of a controlled substance charge, possession of drug paraphernalia may be proven with actual or constructive possession. Drug paraphernalia includes materials used to ingest, smoke, inject, store, measure, or conceal any controlled substance. The most common items charged as drug paraphernalia are pipes, bongs, vaporizer devices, scales, and needles. Additionally, nonconventional items may be considered paraphernalia, such as water bottles used as gravity bongs (“GB’s”), or apples with holes poked through them to be used for smoking marijuana.
For details on Missouri sentencing guidelines, check out my blog. If you have been charged with distribution of a controlled substance, maintaining a drug house (“trapping”), or possession with intent to distribute any controlled substance, call The Law Offices of Benjamin Arnold by at (913) 777-HELP or contact us here.
Back in the day, police would patrol bad parts of town and in search of suspicious looking characters and attempt to buy drugs from them. When an arrest was made, it was very public and those engaging in the practice would respond accordingly. Now, with the prevalence of online drug sales particularly conducted through a photo messaging app, people are able to sell drugs without the seemingly dangerous and obvious risks of standing on some street corner in the bad part of town. However, while they are less at risk of being robbed, they are even more at risk of being apprehended by police, who can pose undercover as buyers, all while collecting a mountain of written evidence which can assist in a conviction. Often, one drug bust can lead to a multitude of arrests as individuals may cooperate with law enforcement, naming their suppliers in exchange for reduced charges.
Distribution or delivery of a controlled substance is charged as a Class C Felony, unless the substance is 35 or less grams of marijuana which is a Class E Felony. Distribution is considered a Class A Felony the underlying act is committed in a protected place, which includes the area within 2,000 feet of a school, 1,000 feet of a park, or on public housing property. To be convicted of distributing a controlled substance, the prosecution must prove that the individual knowingly distributed, attempted to distribute, or assists a minor in obtaining a controlled substance. An individual found to be in possession of a large quantity of a controlled substance or other contraband indicative of narcotics sales can be charged with possession with intent to distribute.
If you have been charged with a person crime in Missouri, it is important to invoke your 5th amendment rights to counsel and remain silent. If the charges result from an illegal stop or search, they may be subject to dismissal for violating the 4th amendment right against unreasonable search and seizure. It is important to consult with an attorney before accepting a plea or admitting guilt in any way.