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St. Louis Drug Crimes Defense Attorney

 

St. Charles County, Missouri Drug Crimes Attorney Will Fight for Your Rights

Drug crimes in Missouri are covered under Chapter 195, Drug Regulations, and §579.015 of the Missouri Revised Statutes. Under § 579.015, it is unlawful for any person to possess or have a controlled substance under their control.

If you are facing a drug charge, you should always take it seriously and consult with a St. Louis drug crime lawyer as soon as possible.

Missouri Drug Crime Penalties

All states regulate the illegal possession of controlled dangerous substances, or CDS, although each state defines CDS somewhat differently and may have different penalties for possession. Missouri classifies CDS into five schedules, with Schedule I including the most dangerous drugs that have a high propensity toward abuse and addiction. Schedules II through V decrease in seriousness and probability of abuse, and an increase in the extent to which they have accepted medical uses. In addition to classifying the drugs themselves, Missouri also classifies the compounds used to manufacture them.

These classes are also used to determine fines and jail or prison time for illegally possessing controlled dangerous substances in Missouri. For example:

  • Possession of any controlled substance except thirty-five grams or less of marijuana is a class D felony, punishable by a maximum sentence of seven (7) years imprisonment and a maximum fine of $10,000.
  • First time offense possession of not more than ten grams of marijuana is a class D misdemeanor, punishable by a maximum fine of $500. If the defendant has previously been found guilty of any offense of the laws related to controlled substances the offense is a class A misdemeanor.
  • Possession of more than ten grams but thirty-five grams or less of marijuana is a class A misdemeanor, punishable by a maximum sentence of one (1) year imprisonment and a maximum fine of $2,000.
  • Possession of any controlled substance except thirty-five grams or less of marijuana is a class D felony, punishable by a maximum sentence of seven (7) years imprisonment and a maximum fine of $10,000.
  • Once the amount of drug possession reaches a certain amount, it is considered drug trafficking. These amounts vary based on the specific drug at hand. When it comes to marjiuana, for example:
    • Possession of 30 - 100 kilograms of marijuana is considered drug trafficking and is a class C felony, punishable by three (3) to seven (7) years in prison and a maximum fine of $10,000
    • Possession of more than 100 kilograms of marijuana is considered drug trafficking and is a Class B felony, punishable by five (5) - 15 years in prison and a maximum fine of $10,000

In order to convict a person of possession of a drug-related offense in Missouri, the state must prove beyond a reasonable doubt that the suspect knowingly manufactured, possessed, or distributed the controlled substance.

Drug Crimes in Missouri

Missouri criminalizes the manufacture, possession, and distribution of controlled substances, and state law provides penalties for several types of drug-related criminal offenses. Some of the most common types of drug crimes prosecuted in Missouri include:

  • Possession – to knowingly have illegal drugs in your possession or control
  • Possession with intent to sell – to be caught with a significant amount of illegal substances, regardless if a sale was made or not
  • Distribution – charges brought against those who manufacture and sell drugs
  • Trafficking – the illegal movement of illegal substances such as cocaine, heroin, marijuana, and methamphetamine across state and national borders.

Missouri Penalties for Drug Sale, Drug Trafficking, or Drug Distribution

Missouri’s penalties for drug crimes depend upon the nature of the controlled dangerous substance and how it was used. For example:

Below are Missouri's penalties for marijuana drug sale, drug trafficking, or drug distribution:

  • The sale or manufacture of 35 grams or less is a Class E felony, punishable by up to four (4) years in prison and a maximum fine of $10,000.
    • The sale of 35 grams or less to a person less than seventeen years of age who is at least two years younger than the defendant is a class C felony, punishable by three (3) to 10 years in prison and a maximum fine of $10,000.
  • The sale or manufacture of 35 grams-30 kilograms is a Class C felony, punishable by a sentence of three (3) to seven (7) years in prison and a fine of up to $10,000.
  • The sale of 30-100 kilograms is a Class B felony, punishable by a sentence of five (5) - 15 years in prison and a fine of up to $10,000 to $20,000.
  • The sale of 100 kilograms or more is a Class A felony, punishable by a sentence of 10 years to life in prison without probation or parole, and a fine of $10,000 to $20,000.
  • Sale of over 35 grams within 2,000 feet of a school or 1,000 feet of public parks or public housing is punishable by a sentence of 10 years to life in prison and a fine of $10,000 to $20,000.

Missouri Possession of Drug Paraphernalia

The offense of unlawful possession of drug paraphernalia is a class D misdemeanor, unless the person has previously been found guilty of any offense of the laws of this state related to controlled substances or of the laws of another jurisdiction related to controlled substances, in which case the violation of this section is a class A misdemeanor. A class D misdemeanor is punishable by a fine of up to $500, and a class A misdemeanor is punishable by up to one (1) year in prison and a $2,000 fine.

Contact a St. Louis Drug Crime Lawyer Today

Kevin J. Roach is a St. Louis criminal defense attorney who has a vast amount of experience in the defense of drug charges in the St. Louis metro area. He understands the serious charges you may be facing and he will help protect your rights and ensure the best possible outcome for your case. Contact The Law Offices of Kevin J. Roach, L.L.C. today to schedule your free initial case evaluation to find out more about how we can help you fight the charges against you.

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