Missouri Drug Laws

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.