Drug Crimes: Missouri Law
Drug charges in Missouri are serious criminal charges that can result in expensive fines and imprisonment. Drug possession laws in Missouri are considered among the toughest in the United States. Although each state has different laws on the sale and trafficking of controlled dangerous substances (CDS), Missouri classifies drugs and the compounds that produce the drugs as CDS.
Missouri has five “schedules” of CDS. Schedule I is considered the most toxic drugs that are known to have a high likelihood of abuse and addiction with no presence of medical significance. Those drugs that fall in schedule II, III, IV, and V, are considered less dangerous than schedule I drugs and are recognized for their medical value.
If an individual is charged with manufacturing a CDS in Missouri, then he or she could face up to 30 years in prison, which is considered a Class A felony. Those who are charged with a drug crime and have one prior offense are considered prior offenders. An individual who is charged with two or more felony convictions are considered persistent offenders, and these offenders could face a strict punishment. However, a Class A felony prison sentence is not able to be increased because it mandates the strictest form of punishment for the sale, trafficking, and production of illegal drugs in Missouri.
Although Missouri is considered to have some of the harshest drug laws in the United States, there have been measures to reduce the unforgiving penalties for marijuana possession. In 2010, Missouri was among one of the states with the most arrests for marijuana possession with an estimated 18,500 arrests. A provision was enforced that eradicated the mandate that individuals convicted of a drug felony offense for the third time do not qualify for probation. Senate Bill 291, also made a provision that any individual with less than 10 grams of marijuana will be charged with a Class D misdemeanor. However, these provisions will not go into effect until 2017.
There are groups, such as Show-Me Cannabis and Missouri NORML, which support a statewide law that would legalize and regulate the use of marijuana by adults. However, this initiative was postponed due to polling information that reported less than half of the population in Missouri support the legalization of marijuana.
Possession
The laws of Missouri state that any drug less than 35 grams is considered a possession charge. An individual who is facing a possession charge could face a fine of 1,000 or a maximum prison sentence of one year. An individual who is caught with less than 35 grams is charged with a Class A misdemeanor.
If an individual is caught with 35 grams to 30 kilograms of an illegal substance, then he or she will be charged with a Class C felony. The maximum sentence for this charge is a $5,000 fine and up to one year in prison.
When an individual has 30 to 100 kilograms of an illegal substance on his or her possession, it is considered a Class B felony. For this type of charge, the maximum sentence is between 5-15 years in prison along with a $5,000 to $20,000 fine.
For any individual who has more than 100 kilograms of an illegal substance in his or her possession, it is a Class A felony. This type of charge is punishable by 10 years to a life sentence in prison and a $5,000 to $20,000 fine.
Trafficking or Sale of Illegal Drugs
The Missouri Statute on Drug Regulations, Chapter 195, states, “A person commits the crime of trafficking drugs in the second degree if, except as authorized by sections 195.005 to 195.425, he possesses or has under his control, purchases or attempts to purchase, or brings into this state more than thirty grams of a mixture or substance containing a detectable amount of heroin.” The regulation is similar for marijuana, cocaine, PCP, and LSD.
When an individual is caught selling or manufacturing less than 5 grams of an illegal substance, it is considered a Class C felony. An individual who has been charged trafficking an illegal substance of this weight can face up to 7 years in prison and a maximum fine of $5,000.
The trafficking or selling of an illegal substance that is between 5 grams to 30 grams is considered a Class B felony. This charge is punishable by a prison sentence that ranges between 5 to 15 years and a fine between $5,000 and $20,000.
In the case an individual is caught selling an illegal substance that is between 30 to 100 kilograms, then it is considered a Class A felony. The punishment for a Class A felony is a prison sentence between 10 years to life and a fine of $5,000 to $20,000.
In the case that an individual is caught selling or trafficking an illegal substance within 2,000 feet of an educational institution or within 1,000 feet of public housing, he or she could face a prison sentence of 10 years to life and a fine of $5,000 to $20,000.
Paraphernalia
If an individual is caught with paraphernalia, then he or she will be charged with a misdemeanor. With this charge, an individual faces up to one year in prison and a maximum fine of $1,000. However, the sale of paraphernalia is considered a felony that is punishable by a 5 year prison sentence and a fine of $5,000.
What is a Mandatory Minimum Sentence?
There are instances when an individual is charged with an offense that is punishable by a mandatory minimum sentence. In these cases, a judge is obligated to sentence an individual to the mandatory minimum sentence. For federal drug offenses, an individual who is serving a mandatory minimum sentence will not be able to seek parole under any circumstances. An individual who is serving a life sentence for marijuana will not be eligible for parole, but the provisions that have recently been passed will change the outcome for these individuals.
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