If you’re a resident of Missouri, you may already have a basic understanding of the strict penalties that go hand-in-hand with drug offenses. For this reason it is imperative to discuss your rights with a criminal defense attorney if you’ve been charged with drug possession, manufacturing, intent to deliver and delivery(trafficking). Drug offense charges in Missouri are some of the more serious crimes that we deal with on a daily basis. It is important as criminal defense attorneys practicing in Missouri that we inform all of our clients of the laws of our state in order to demonstrate the weight of drug offense charges. Below, you’ll find relevant information regarding both misdemeanor and felony drug offenses.

Misdemeanor Drug Offense Charges in Missouri

Missouri is one of the very few states that, unless it’s Marijuana, any amount of drug in your possession will most likely result in a Felony. To put it simply, it’s more difficult to be charged with a misdemeanor than a felony drug offense in this state. Missouri law states:

Possession of 35 grams or less of marijuana is a Class A Misdemeanor under Missouri possession laws.

Possession of any controlled substance is considered a Class C Felony under Missouri possession laws.

You can find more information on how the DEA defines a controlled substance, as well as an alphabetical list of controlled substances, here.

As you can see with such strict drug possession laws, a criminal defense attorney who specializes in drug offense cases in Missouri, is your best bet to avoid felony charges.

Felony Drug Offense Charges in Missouri drug offense in Missouri

In most states, if you are found with a small amount of a controlled substance and you are a first time offender you may get off with a misdemeanor-this is not the case in Missouri. Therefore, all other drug offenses such as manufacturing, intent to deliver and delivery of drugs (with a few exceptions for Marijuana) will result in a Felony charge.

For Intent to Deliver or Delivery (Trafficking) a person will either be charged with a Class A or Class B Felony, depending on the severity of the crime.

According to the Chapter 195 Drug Regulations, Section 195.222, Class A Felony Drug Trafficking Offenses include intent to deliver or delivery of:

  • More than 30 grams of a mixture or substance containing a detectable amount of heroin
  • More than 150 grams of a mixture or substance containing a detectable amount of coca leaves
  • More than 8 grams of a mixture or substance with a cocaine base
  • More than 500 milligrams of a mixture or substance containing a detectable amount of LSD
  • More than 30 grams of a mixture or substance containing a detectable amount of phencyclidine (PCP)
  • More than 30 grams of amphetamine or methamphetamine
  • More than 30 kilograms of marijuana

A person will be charged with a Class B Felony if they possess or intend to purchase any of the following:

  • More than 30 grams, but less than 90 grams of a mixture or substance containing a detectable amount of heroin
  • More than 150 grams, but less than 450 grams of a mixture or substance containing a detectable amount of coca leaves
  • More than 8 grams, but less than 24 grams of a mixture or substance which contains a cocaine base
  • More than 500 milligrams, but less than 1 gram of a mixture or substance containing a detectable amount of LSD
  • More than 30 grams, but less than 90 grams of a mixture or substance containing a detectable amount of phencyclidine (PCP)
  • More than 30 grams, but less than 90 of amphetamine or methamphetamine
  • More than 30 kilograms, but less than 100 kilograms of marijuana

Penalties for Drug Offenses in Missouri

Penalties for various drug offenses can vary depending on certain elements of each individual case, this particularly true for misdemeanor offenses. Regardless, you can expect to pay a fine and potentially serve jail time (this is a non negotiable if you are convicted and found guilty of a a drug offense in the first or second degree). This will look something like:

  • Class A felony –  Potential life imprisonment or 10-30 year sentence.
  • Class B felony – At least 5 years of jail time, but no more than 15 years.
  • Class C felony –  At least 3 to 10 years in jail and a $10,000 fine.

Clearly, Missouri is not the state that you want to be convicted or charged of a drug offense. Unfortunately, these things do happen to good people all the time. We have worked with countless criminal drug offense cases in Missouri and will fight aggressively to win your case by criminal appeal or have your conviction overturned. Contact us today for a free consultation. We are here to help you.