Missouri Legal has represented many clients over the years who are facing criminal drug charges for both felony and misdemeanor drug possession, distribution and manufacturing offenses. Since Missouri is known as one of the toughest states for drug laws, consulting with an attorney at Missouri Legal if you are facing criminal charges is in your best interest. To schedule a free consultation with our team, contact Missouri Legal today.
While each of the crimes below vary in degrees of penalties, it should be noted that even first-time offenders in Missouri can face a year or even more behind bars, not to mention a slew of court fees and fines in addition to a criminal conviction on their permanent record.
Understanding Missouri Drug Laws
To completely understand the complex drug laws in Missouri, it’s vital to understand what acts constitute as a violation of these laws, as they are set by Missouri for drug possession, distribution and manufacturing. As you’ll see below, the degree of these terms can change depending on where the drug is distributed, how old a person is and on the type of drug that is “possessed” or “distributed” or “manufactured”, with the largest variation of penalties happening with crimes that deal with marijuana or synthetic cannabinoids.
Drug Possession in Missouri
According to Section 579.015 of Missouri Revised Statutes, the following summarized version of the law displays what is considered the illegal act of possessing a controlled substance(drug possession):
A person commits the offense of possession of a controlled substance in Missouri when he or she knowingly possess a controlled substance.
- Possession of any amount of a controlled substance is a class D felony, unless it is 35 grams or less of marijuana or a synthetic cannabinoid.
- Possession of more than 10 grams, but less than 35 grams of marijuana or a synthetic cannabinoid is a class A misdemeanor.
- If someone is in the possession of less than 10 grams of marijuana or synthetic cannabinoid it is considered a class D misdemeanor. If the alleged defendant has a prior conviction related to a controlled substance (possession, distribution, or manufacturing) anywhere in the United States, this offense will be charged as a class A misdemeanor.
Drug Distribution in Missouri
Depending on how old the person is (whether or not he or she is a minor) and where the controlled substance is “distributed” will impact the penalty of the criminal act in terms of a felony or misdemeanor. The following is a summarized version of the current laws and penalties for drug distribution in Missouri.
A person commits the unlawful act of delivery or distribution of a controlled substance if he or she:
- Knowingly or attempts to distribute or deliver a controlled substance of any amount or Knowingly allows a minor to purchase and/or transport controlled substances. Unless the “controlled substance” is 35 grams or less of marijuana or less, this offense is classified as a class C felony.
- If a person knowingly attempts to distribute 35 grams or less marijuana or synthetic cannabinoid, the defendant will be charged with a class E felony. If the distribution is to that of a person less than 17 years old and is at least 2 years younger then the alleged offender this is a class C felony.
- The delivery or distribution of any amount of a controlled substance (except less than 35 grams of marijuana) to a person who is younger than 17 years of age and is at least two years younger than defendant is a class B Felony.
You can find more information about the laws pertaining to drug distribution in a protected area and drug parapheniala delivery in Missouri, here.
Illegal Drug Manufacturing in Missouri
Section 579.055 of Missouri Revised Statutes, states that a person is in violation of the laws surrounding the act of controlled substance manufacturing (drug manufacturing) in Missouri if he or she commits the following:
- Knowingly or attempts to manufacture produce or grow a controlled substance or knowingly possesses a controlled substance or material with the intent to manufacture or grow any amount of a controlled substance. The violation of this crime is a class B felony if it happened within 2,000 feet of a school or college. If a person person died or suffered physical injury as the result of a fire or explosion when the alleged defendant was attempting to produce methamphetamine, this is a class A felony.
- If a person knowingly or attempts to manufacture any amount of a controlled substance, excluding 35 grams or less of marijuana this is a class C felony.
- If a person knowingly or attempts to manufacture 35 grams or less of marijuana or synthetic cannabinoid the offense is a class E felony drug manufacturing in Missouri charge.
In addition to these charges, it is also illegal in Missouri to knowingly possess the materials used to manufacture some controlled substance, as well as manufacturing drug paraphernalia.
The above information is a summary of the drug laws as stated by the Missouri Revised Statutes. This information is a basic outline of what to a person can expect if they have been charged with any of the above crimes and in no way should be used in lieu of legal advice. Missouri is a state with very little “wiggle-room” when it comes to drug charges-unless you have a competent criminal defense attorney by your side. If you are facing criminal charges for drug possession, distribution, and/or manufacturing in Missouri you need to contact the law firm of Missouri Legal immediately. We will provide you with experienced legal counsel in order to aggressively fight against the charges you are facing. Even if you are a first time offender, you need to take these charges seriously. A drug conviction on your record can affect every aspect of your life from being able to own a car or home, get a loan or land the job of your dreams. If you already are in a professionally licensed career, a conviction in Missouri for felony drug possession, distribution, or manufacturing can strip you of your license for life.
Contact us today to schedule a no-obligation consultation, where we can discuss the specific factors of your case and work together to create a solid defense in order to fight the allegations against you.