Missouri Drug Laws
Missouri Drug Laws
Missouri Drug Laws are constantly in flux, especially with so many recent changes around marijuana and medical marijuana. So, what do you need to know? Read the complete guide to Missouri Drug Laws from the attorneys at Carver & Associates.
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Missouri drug laws are considered some of the most stringent in the United States. In Missouri, controlled substances are categorized into five “schedules.” Schedule I substances are thought to be the most dangerous based on variables including a greater risk of abuse and addiction, while Schedule V is the least hazardous of the controlled substances.
The classification of the drug determines the seriousness of the penalties for the offenses.
Missouri Drug Paraphernalia Laws
According to Missouri Law 579.074 regarding unlawful possession of drug paraphernalia, a person commits the offense of unlawful possession of drug paraphernalia if he or she knowingly uses, or possesses with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, a controlled substance or an imitation controlled substance.
The offense of unlawful possession of drug paraphernalia is a class E felony in Missouri if the person uses, or possesses with intent to use, the paraphernalia in combination with each other to manufacture, compound, produce, prepare, test, or analyze amphetamine or methamphetamine or any of their analogs.
Missouri Drug Possession Laws
The severity of the penalties which offenders face will vary depending on the type of regulated substance that they possess. Most drug possession offenses are classified as class D felonies.
However, the laws regarding the ownership of marijuana are different. Having less than 35 grams of marijuana or synthetic cannabinoids in one’s possession is a misdemeanor in Missouri, but the ownership of more than 35 grams of marijuana is a class D felony. This means that all drug possession offenses are class D felonies with the exception of possession of 35 grams or less of marijuana or synthetic cannabinoids.
First-time offenders will not face jail time for possessing 10 grams or less of marijuana, but they’ll face up to $500 in fines. Jail time is possible for offenders that have between 10-35 grams of marijuana. In this scenario, first-time offenders can face up to one year in prison in addition to $2,000 in fines. The penalties are severe for offenders charged with possession of over 35 grams of marijuana or ownership of another controlled substance. All of these are class C felony crimes, so incarceration is possible. For a class C felony, the maximum sentence is seven years in prison, but first-time offenders typically do not receive such a harsh punishment.
Another exception is that these laws do not apply to medical marijuana patients. Read on for more information regarding medical marijuana laws.
Missouri Drug Testing Laws
Missouri is one of a small number of states that has no law addressing drug testing in employment. It follows that drug testing isn’t prohibited or restricted, unless it violates other lawful provisions, including discrimination.
If you believe that your employer has discriminated against you to administer a drug test based on disability or certain demographics like race, age, or gender, a dedicated attorney like those at Carver, Cantin and Mynarich can help you seek the justice you deserve.
Missouri Drug Trafficking Laws
Under Missouri drug laws, drug trafficking is covered under Chapter 195, Drug Regulations, Section 195.222 of the Missouri Revised Statues. Below this section, drug trafficking is categorized as either a Class A felony crime or a Class B felony crime. The classification of the crime is dependent upon the quantity and if the individual was trying to sell, deliver, or buy the drugs.
Under Missouri drug laws, an individual commits the crime of drug conspiracy or drug trafficking in the first degree if he or she distributes, delivers, manufactures, produces, or attempts to deliver or distribute, or manufacture the following:
- More than 30 grams of heroin
- More than 150 grams of coca leaves
- More than 8 grams of a mixture or substance containing a cocaine base
- More than 500 milligrams of LSD
- More than 30 grams of PCP
- More than 4 grams of phencyclidine
- More than 30 kilograms of marijuana
- More than 30 grams of amphetamine or methamphetamine or their salts
Further, an individual is guilty of committing drug trafficking in the second degree if he or she possesses or has under their control, or attempts to purchase the following:
- More than 30 grams of heroin but less than 90 grams (90 grams or more is a Class A felony)
- More than 50 grams of coca leaves but less than 450 grams
- More than 8 grams of a substance containing a cocaine base but less than 24 grams
- More than 500 milligrams but less than 1 gram of LSD
- More than 30 grams but less than 90 grams of PCP
- More than 4 grams but less than 12 grams of phencyclidine
- More than 30 kilograms but less than 100 kilograms of marijuana
- More than 30 grams but less than 90 grams of amphetamine, methamphetamine or their salts
Under Missouri drug laws, drug trafficking charges are non-parole offenses. Under §558.011, RSMo, the prison term for a Class A felony offense is 10 to 30 years or life. If an individual commits a Class B felony offense, the prison sentence ranges from 5 to 15 years.
Class C Felony Missouri Possession Controlled Substance
Under Missouri drug laws, it is a class C felony to have in one’s possession a controlled dangerous substance (CDS) without a valid medical prescription. Penalties for this crime can include a fine of up to $5,000 in addition to either up to a year in jail or at least two (and up to seven) years in prison.
Possession of a Controlled Substance Missouri
All states regulate the illegal possession of CDS, though each one differs in its exact definition of CDS and the penalties for possession. Missouri drug laws don’t only classify well-known drugs like heroin and cocaine as CDS, but the compounds used to manufacture them as well.
Missouri Controlled Substance
Missouri drug laws divide CDS into five “schedules.” Schedule I lists the most hazardous drugs, which have a high likelihood of abuse and dependence, and no acknowledged medical value. Schedules II, III, IV, and V have lower levels of dangerousness and likelihood of misuse in addition to an increase in recognized medical applications.
Possession of Controlled Substance Missouri
These classes are also used to determine the severity of the applicable fines and incarceration period for illegally have CDS in one’s possession. If you have been arrested for illegally possessing CDS, you should consult the Missouri Code that lists precisely which drugs fit into each category. Proceed to the statute (Mo.. Stat. Ann. § 195.017) and find the drug you’re charged with possessing– it’ll be listed under one of those five classes.
Under Missouri drug laws, illegally possessing CDS incurs both heavy penalties and extended periods of incarceration. A local attorney who practices controlled dangerous substance defense will examine the facts of your situation, explain your options, and inform you of the probable consequences.
Missouri Drug Laws 2017
In 2014, legislation was approved to rewrite Missouri’s criminal code so the possession of ten grams or less of cannabis is punishable by a fine only, though the offense remains categorized as a criminal misdemeanor. On January 1, 2017, these changes officially took effect. Under these new laws, the possession of greater quantities of cannabis remains punishable by jail time.
If you are caught in possession of fewer than ten grams of marijuana and do not have a prior criminal record, you can still get charged and pay a fine but you won’t need to serve jail time. Possessing fewer than 10 grams of marijuana is a Class D misdemeanor with a $500 fine, but no jail time. If you have a previous record, this offense becomes a Class A misdemeanor. If you’re caught with 10-to-35 grams of marijuana on you, it’s now a misdemeanor rather than a felony.
Medical Card in Missouri
When searching for a medical marijuana card in Missouri, the MDHSS is the first place you should visit. There is an online application procedure, letting you submit your request through their website.
Additionally, everything you may need to know about medical marijuana in Missouri, from qualifying to get medical marijuana to applying for your Missouri medical marijuana card to getting legal marijuana once you get your card is right there on the website. They will also be able to answer questions about growing your own plants or getting a primary caregiver card.
Missouri Decriminalization of Weed
In 2014, legislation was approved to decriminalize the possession of 10 grams or less of cannabis, such that possession is punishable by a fine only. However, the offense remains a criminal misdemeanor.
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