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Missouri Possession, Distribution Laws on Marijuana, Drugs, Paraphernalia

Call me today for a free consultation if you have been arrested or charged with a criminal charge involving marijuana or another controlled substance. There is a range of laws in Missouri that govern the use and distribution of controlled substances such as marijuana. Depending on the quantity and purposes of your possession, the penalties can be extremely harsh. Simply having a large amount of a drug, beyond a limit imposed by the government could lead to the types of penalties applies to professional drug dealers.

It’s always advisable to speak with an experienced attorney if you have been arrested in Springfield, Missouri on a drug charge. Don’t let a small issue become a big one.

Tim is listed among the Nation’s Top 1% of Attorneys by the National Association of Distinguished Counsel. Attorney Tim Brown has been recognized as a Top 40 Under 40 Trial Lawyer in Criminal Defense in Missouri by the National Trial Lawyers and the American Society of Legal Advocates. He has also been given a Superb Rating and rated a Top Attorney in DUI and Criminal Defense by AVVO.

Tim Brown

Law Office of Timothy R. Brown

Tim Brown is a criminal and DWI lawyer in Springfield, MO and former assistant prosecuting attorney at the Greene County Prosecutors’s Office.

Possession of a Controlled Substance in Missouri

Possession Law in Missouri

Missouri law on possession of a controlled substance is listed in Missouri Revised Statute 195.202. The statute indicates that is unlawful for any person to possession or have under his or her control a controlled substance (unless it is authorized under Missouri statute 195.005 to 195.425).

Possession of Marijuana

Possession of marijuana is against the law in the State of Missouri and in the United States. The use and possession of marijuana is illegal under the United States Federal law even though some claim that it is legal in certain States. Federal law controls.

Possession of 35 grams or less of marijuana or any synthetic cannabinoid is a class A misdemeanor. Possession of more than that amount or possession of any amount of any other controlled substance is a Class C felony. This means that possessing 35 grams or less of marijuana or any synthetic cannabinoid is a class A misdemeanor but possessing more than that amount of marijuana or synthetic cannabinoid is a Class C felony.

In Missouri, possession of marijuana can also cause charges in State court. The statute below is currently in place. In January of 2017, changes in Missouri law will occur and those changes will be reflected herein. The changes will not make the use or possession of marijuana legal. The law that will take effect is listed below the current law on this page.

Missouri Possession of Marijuana Law After January 1, 2017

Missouri Revised Statute¬†579.015 –¬†Possession or control of a controlled substance–penalty.

1. A person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance, except as authorized by this chapter or chapter 195.

2. The offense of possession of any controlled substance except thirty-five grams or less of marijuana or any synthetic cannabinoid is a class D felony.

3. The offense of possession of more than ten grams but less than thirty-six grams of marijuana or any synthetic cannabinoid is a class A misdemeanor.

4. The offense of possession of not more than ten grams of marijuana or any synthetic cannabinoid is a class D misdemeanor. If the defendant has previously been found guilty of any offense of the laws related to controlled substances of this state, or of the United States, or any state, territory, or district, the offense is a class A misdemeanor. Prior findings of guilt shall be pleaded and proven in the same manner as required by section 558.021.

5. In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter or chapter 195, it shall not be necessary to include any exception, excuse, proviso, or exemption contained in this chapter or chapter 195, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.

Missouri Possession of Marijuana Law Prior to January 1, 2017

Missouri Revised Statute 195.202

1. Except as authorized by sections 195.005 to 195.425 (195.425 was repealed), it is unlawful for any person to possess or have under his control a controlled substance. Possession of 35 grams or less of marijuana or any synthetic cannabinoid is a class A misdemeanor. Possession of more than that amount or possession of any amount of any other controlled substance is a Class C felony. This means that possessing 35 grams or less of marijuana or any synthetic cannabinoid is a class A misdemeanor but possessing more than that amount of marijuana or synthetic cannabinoid is a Class C felony. Possession of any other type of controlled substance, no matter the amount, is a class C felony.

NPR has an interesting article on a new marijuana law in Kansas City, Missouri.

 

Possession of Controlled Substances Other than Marijuana

Possession of any other type of controlled substance, no matter the amount, is a class C felony. 195.202 details the differences between felony and misdemeanor possession of a controlled substance with 35 grams or less of marijuana making the charge a misdemeanor but any higher amount of marijuana or any amount of another controlled substance results in a felony charge.

Lawful Possession of a Controlled Substance

If a person has a controlled substance pursuant to a valid prescription, the possession if legal. The burden is on the Defendant otherwise the prosecution would have to prove a negative. Please note that operating a vehicle under the influence of a drug can still be charged even if you have a prescription for the drug. Many prescription medications should not be taken before operating machinery and that includes automobiles and other motorized vehicles.

The Missouri website contains a more comprehensive listing of possession of controlled substance statutes.

Help now for Possession of a Controlled Substance

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Missouri MIP Lawyer

 

MIP and MIC Defense Lawyer

Minor in Possession (MIP) and Minor in Consumption (MIC) charges are misdemeanor offenses. Both can have significant consequences. These include criminal consequences as well as consequences to your driver’s license. Sometimes, a diversion course is offered and successful completion of the course may cause the prosecutor’s office to not file charges. A diversion class is generally available on a first-time offense of minor in possession or minor in consumption in Greene County. If you received a ticket for minor in possession or consumption, you should consult a lawyer. If you were fortunate enough to receive the diversion program, you will not get the same chance twice in Greene County so avoid being around alcohol until you are 21 or older.

Have you been charged with Minor in Possession or Minor in Consumption? If so, please call us to see how we can help. We offer a free in-person consultation with our attorney, Tim Brown and we handle cases in and near Springfield, Missouri.

Driver’s License Consequences

A conviction for a minor in possession charge can lead to the loss of your driver’s license. This is through the abuse and lose law in Missouri.

The suspension for a first conviction is 90 days and subsequent convictions result in a one-year revocation of your driver’s license.

The suspension will occur if any of the following happens when you are under 21:

  • You have an alcohol-related traffic offense.
  • You have an offense involving the possession or use of alcohol while operating a motor vehicle.
  • You have an offense where you used or possessed a fake ID.
  • You have an offense involving drugs.
  • You have a second offense involving alcohol and you are under 18.
  • More information is available at the link above.

Contact a Missouri MIP Lawyer for your Free Case Review.

 

Possession of Drug Paraphernalia Missouri

Possession of Paraphernalia Defense in Springfield Missouri

Drug paraphernalia cases include possession of drug paraphernalia and distribution, delivery or sale of drug paraphernalia.

Unlawful Distribution, Delivery of Sale of Drug Paraphernalia

This offense is usually a class A misdemeanor but if it is done for commercial purposes, it is a class E felony. A class A misdemeanor carries a punishment of up to 1 year in jail while the class E felony carries a punishment of up to 4 years in the Department of Corrections.

Possession of Drug Paraphernalia

Possession of Drug Paraphernalia is a class D misdemeanor for a first offense. A second or subsequent offense may be a class A misdemeanor. If the person is attempting to manufacture methamphetamine or any of their analogs, the offense can become a class E felony.

Unlawful Manufacture of Drug Paraphernalia

This offense has the same punishment as Unlawful Distribution, Delivery or Sale of Drug Paraphernalia. It also includes the same element to change it from a class A misdemeanor to a class E felony.

Other Consequences

While the criminal consequences of possessing drug paraphernalia are discussed above, like with other criminal cases, there can be other consequences. These consequences include issues with the licensing board if you have a professional license. Other consequences include suspension from a college or university you attend or even dismissal from the college or university you attend. For an example of the consequences at a university, click here.

Possession of Drug Paraphernalia Can Have Serious Consequences.

Speak with a veteran lawyer today.

Distribution of Drugs in Missouri

The following law is effective January 1, 2017:

1. A person commits the offense of delivery of a controlled substance if, except as authorized in this chapter or chapter 195, he or she:

  1. Knowingly distributes or delivers a controlled substance;
  2. Attempts to distribute or deliver a controlled substance;
  3. Knowingly possesses a controlled substance with the intent to distribute or deliver any amount of a controlled substance; or
  4. Knowingly permits a minor to purchase or transport illegally obtained controlled substances.

2. Except when the controlled substance is thirty-five grams or less of marijuana or synthetic cannabinoid or as otherwise provided under subsection 5 of this section, the offense of delivery of a controlled substance is a class C felony.

3. Except as otherwise provided under subsection 4 of this section, the offense of delivery of thirty-five grams or less of marijuana or synthetic cannabinoid is a class E felony.

4. The offense of delivery of thirty-five grams or less of marijuana or synthetic cannabinoid to a person less than seventeen years of age who is at least two years younger than the defendant is a class C felony.

5. The offense of delivery of a controlled substance is a class B felony if:

  1. The delivery or distribution is any amount of a controlled substance except thirty-five grams or less of marijuana or synthetic cannabinoid, to a person less than seventeen years of age who is at least two years younger than the defendant; or
  2. The person knowingly permits a minor to purchase or transport illegally obtained controlled substances. FOR EVENTS PRIOR TO JANUARY 1, 2017: Distribution, delivery, manufacture or production of a controlled substance, violations and attempted violations (RSMo 195.211): 195.211.

1. Except as authorized by sections 195.005 to 195.425 (195.425 was repealed) and except as provided in section 195.222, it is unlawful for any person to distribute, deliver, manufacture, produce or attempt to distribute, deliver, manufacture or produce a controlled substance or to possess with intent to distribute, deliver, manufacture, or produce a controlled substance.

2. Any person who violates or attempts to violate this section with respect to manufacturing or production of a controlled substance of any amount except for five grams or less of marijuana in a residence where a child resides or within two thousand feet of the real property comprising a public or private elementary or public or private elementary or secondary school, public vocational school or a public or private community college, college or university, or any school bus is guilty of a class A felony.

3. Any person who violates or attempts to violate this section with respect to any controlled substance except five grams or less of marijuana is guilty of a class B felony.

4. Any person who violates this section with respect to distributing or delivering not more than five grams of marijuana is guilty of a class C felony. Call me today for a free consultation if you have been arrested or charged with either of these criminal charges.

Get help with a distribution of drugs in Missouri charge.

Possession with Intent to Deliver

Possession with Intent Defense in Springfield Missouri

Distribution, delivery, manufacture or production of a controlled substance, violations and attempted violations, penalty. 195.211.

1. Except as authorized by sections 195.005 to 195.425 and except as provided in section195.222, it is unlawful for any person to distribute, deliver, manufacture, produce or attempt to distribute, deliver, manufacture or produce a controlled substance or to possess with intent to distribute, deliver, manufacture, or produce a controlled substance.

2. Any person who violates or attempts to violate this section with respect to manufacturing or production of a controlled substance of any amount except for five grams or less of marijuana in a residence where a child resides or within two thousand feet of the real property comprising a public or private elementary or public or private elementary or secondary school, public vocational school or a public or private community college, college or university, or any school bus is guilty of a class A felony.

3. Any person who violates or attempts to violate this section with respect to any controlled substance except five grams or less of marijuana is guilty of a class B felony.

4. Any person who violates this section with respect to distributing or delivering not more than five grams of marijuana is guilty of a class C felony.

Distribution, delivery, manufacture or production of a controlled substance, violations and attempted violations, penalty. 195.211.

1. Except as authorized by sections 195.005 to 195.425 and except as provided in section195.222, it is unlawful for any person to distribute, deliver, manufacture, produce or attempt to distribute, deliver, manufacture or produce a controlled substance or to possess with intent to distribute, deliver, manufacture, or produce a controlled substance.

2. Any person who violates or attempts to violate this section with respect to manufacturing or production of a controlled substance of any amount except for five grams or less of marijuana in a residence where a child resides or within two thousand feet of the real property comprising a public or private elementary or public or private elementary or secondary school, public vocational school or a public or private community college, college or university, or any school bus is guilty of a class A felony.

3. Any person who violates or attempts to violate this section with respect to any controlled substance except five grams or less of marijuana is guilty of a class B felony.

4. Any person who violates this section with respect to distributing or delivering not more than five grams of marijuana is guilty of a class C felony.

Possession with Intent to Deliver Can Mean Serious Penalties

Speak with Tim today and understand your options.