Missouri’s drug possession and trafficking laws address the illegal possession, sale, and distribution of controlled substances within the state. As such, this page offers a comprehensive overview of these laws, including classifications of controlled substances, the sentencing associated with possession charges, implications for first-time offenders, legally allowed controlled substances, reasons for dismissal of drug possession charges, and possible defense strategies for individuals facing drug-related charges.
Drug Possession Charges in Missouri
Under Section 579.015 of the Missouri Revised Statutes, drug possession without lawful authorization is a significant offense. According to this law, it is unlawful to possess a controlled substance unless obtained directly from a medical practitioner or otherwise authorized by law.
Missouri drug possession laws classify controlled substances into different schedules based on their potential for abuse, medical use, and the likelihood of causing dependence:
- Schedule I: This category includes substances with a high potential for abuse and no accepted medical use, such as heroin, lysergic acid diethylamide (LSD), ecstasy (MDMA), and peyote.
- Schedule II: Drugs in this category have a high potential for abuse but may be acceptable for medical use under strict regulation, such as cocaine, methamphetamine, oxycodone, fentanyl, and morphine.
- Schedule III: These substances have a lower potential for abuse than Schedule I and II drugs and have accepted medical uses. Examples of Schedule III drugs include anabolic steroids, ketamine, and certain medications containing codeine.
- Schedule IV: Substances in this category have a lower potential for abuse than Schedule III and have accepted medical uses, such as Xanax (alprazolam), Valium (diazepam), and Ambien (zolpidem).
These classifications may change over time based on evolving scientific research and legislative actions, so it’s important to stay informed about the current schedules of controlled substances to guarantee compliance with Missouri’s drug laws.
The penalties for drug possession charges in Missouri vary depending on the type of substance and the amount a person possesses. For example, possession of Schedule I or II controlled substances is considered a felony offense. However, it’s worth noting that Missouri has implemented new drug sentencing guidelines to reform drug-related offenses. These guidelines focus on rehabilitation and alternative sentencing options for certain non-violent drug offenses.
Drug Possession as a Felony
The classification of drug possession as a felony in Missouri depends on several factors, including the type and quantity of the controlled substance involved, the individual’s intent, and any prior criminal history. As such, Missouri differentiates drug offenses into various categories, including misdemeanors and felonies.
Generally, possession of Schedule I or II controlled substances is considered a felony offense, and charges for it can carry significant penalties, including imprisonment and fines.
To illustrate the application of possession laws in Missouri, let’s consider the case of State v. Brown (2018). In this case, Joshua A. Brown, of Kansas City, Mo., was arrested in 2019 after he paid $5,000 to purchase methamphetamine from a confidential law enforcement source. Officers then arrested Brown in the parking lot of the apartment building where he received the methamphetamine.
Brown was charged with felony possession of methamphetamine, a Schedule II controlled substance. Based on the evidence presented, the court found the defendant guilty, sentenced him to at least 20 years in federal prison without parole, and ordered him to pay a monetary judgment not to exceed $9.9 million dollars, a number representing all of the proceeds obtained because of the drug-trafficking conspiracy.
Drug Trafficking Charges in Missouri
Drug trafficking in Missouri involves the sale, transportation, or distribution of illegal drugs. The state recognizes two degrees of drug trafficking, both of which are serious offenses with severe penalties. However, those penalties vary depending on factors such as the type and quantity of the controlled substance involved, the defendant’s criminal history, and the presence of aggravating factors, like violence or firearms.
Trafficking in the First Degree
Section 579.065 of the Missouri Revised Statutes states a person commits drug trafficking in the first degree if they knowingly distribute, deliver, manufacture, produce, or attempt to distribute, deliver, manufacture, or produce controlled substances.
Trafficking in the Second Degree
Section 579.068 of the Missouri Revised Statutes states a person commits drug trafficking in the second degree if they knowingly possess or have under their control, purchase or attempt to purchase, or bring into the state controlled substances.
Drug trafficking offenses in Missouri can be charged as felonies, and convictions can result in substantial prison sentences, hefty fines, asset forfeiture, and other collateral consequences that may impact an individual’s personal and professional life.
Drug Offense Sentencing in Missouri
As previously mentioned, the sentencing and penalties for drug offenses in Missouri vary based on factors such as the type and quantity of the drug involved, the defendant’s criminal history, and any aggravating or mitigating circumstances. For example, felony drug offenses (i.e., possession, distribution, and trafficking charges of a Schedule I or II drug) can carry a prison sentence ranging from several years to life, depending on the circumstances.
Drug Court and Alternative Sentencing
Missouri recognizes the value of rehabilitation and has developed new drug sentencing guidelines for certain non-violent drug offenses. Drug courts provide treatment programs and supervision as an alternative to traditional incarceration, focusing on addressing the root causes of drug addiction and reducing recidivism.
First-Time Drug Offenders in Missouri
First-time drug offenders in Missouri may have opportunities to avoid incarceration, especially for non-violent offenses and those struggling with substance abuse issues.
Diversion Programs
Missouri offers diversion programs for first-time drug offenders, such as pretrial diversion or probation, that often involve substance abuse treatment, education, and supervision. Successful completion of the program can result in charges being dismissed or reduced.
Suspended Imposition of Sentence (SIS)
An SIS allows the court to withhold sentencing and instead place the defendant on probation. If the defendant completes probation, the charges may be dismissed.
Expungement
In certain cases, first-time drug offenders may be eligible to have their records expunged. Expungement effectively seals the criminal record, allowing individuals to move forward without the stigma of a drug conviction.
Controlled Substance Database in Missouri
Currently, Missouri doesn’t have a statewide controlled substance database. However, certain counties or municipalities within the state may have local databases to monitor prescription drugs and track potential abuse or overuse. Consult local authorities or legal professionals to determine if a controlled substance database exists in your area.
St. Louis County, for example, implemented the Prescription Drug Monitoring Program (PDMP) in 2017. This program allows healthcare providers and pharmacists to track prescription drug information and identify potential abuse or diversion.
The absence of a statewide database highlights the significance of responsible prescribing and monitoring by healthcare professionals and patients. Maintaining accurate records, following prescribing guidelines, and engaging in open communication with healthcare providers is crucial to ensure the safe and lawful use of prescription medications.
Legal Drugs in Missouri
While certain substances are classified as controlled substances and subject to legal restrictions in Missouri, some drugs are permitted for medical or recreational use.
Medical Marijuana
Missouri has established a medical marijuana program that allows qualified patients to access and use marijuana for medicinal purposes. Patients with qualifying medical conditions can obtain a medical marijuana card, enabling them to purchase and possess marijuana from licensed dispensaries.
Recreational Marijuana
Consumers who are 21 years of age or older are allowed to possess up to three ounces of marijuana legally, so long as they purchased the marijuana from a licensed dispensary facility. People with a consumer personal cultivation identification card can even grow plants for personal use, but they must do so in an enclosed, locked facility at their home.
Cannabidiol (CBD) Oil
CBD oil derived from hemp is legal in Missouri, provided it contains less than 0.3% tetrahydrocannabinol (THC), the psychoactive compound in cannabis. CBD oil is commonly used for its potential therapeutic benefits, such as relieving pain, reducing anxiety, and improving sleep.
Prescription Medications
When lawfully obtained through a valid prescription from a licensed healthcare professional, various prescription drugs (e.g., opioids, stimulants, sedatives, and other controlled substances) are legal in Missouri, so long as they’re used responsibly and under medical guidance.
While marijuana and CBD oil are currently legal in Missouri, specific regulations and restrictions govern their use, possession, and distribution. As such, you should consult the Missouri Revised Statutes and a knowledgeable professional for accurate and up-to-date information on the legal status and use of these substances.
Dismissal of Drug Cases in Missouri
Under certain circumstances, drug cases can get dismissed in Missouri. However, each case is unique and the potential for dismissal depends on the specific facts and legal considerations involved.
Unlawful Search and Seizure
The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. If law enforcement officers violate a person’s constitutional rights during the search and seizure, the evidence obtained may be inadmissible in court. In such cases, the prosecution’s case may weaken, potentially leading to a dismissal.
Lack of Sufficient Evidence
Prosecutors bear the burden of proving the defendant’s guilt beyond a reasonable doubt. If the prosecution fails to present substantial evidence linking the defendant to the alleged drug-related offense, the court may dismiss the case due to insufficient evidence.
Violations of Statute of Limitations
The Missouri statute of limitations for drug possession sets time limits for initiating criminal prosecutions. If the prosecution fails to bring charges within the specified timeframe, the defendant may be able to seek dismissal based on the expiration of the involved statute.
For drug possession offenses, the statute of limitations generally depends on the severity of the charge. Consult with an experienced criminal defense attorney who can assess the specific details of your case and determine the best strategies for seeking dismissal.
Strategies to Challenge a Drug Possession Charge in Missouri
If you’re facing a drug possession charge in Missouri, work with a skilled criminal defense attorney to build a strong defense strategy.
Illegal Search and Seizure
As mentioned earlier, the Fourth Amendment protects against unreasonable searches and seizures. If law enforcement violated your constitutional rights during the search, your attorney could file a motion to suppress the evidence obtained.
Lack of Knowledge or Control
In drug possession cases, the prosecution must prove that the defendant knew and controlled the illegal substance. Your attorney may argue that you were unaware of the presence of drugs or lacked control over the area where the drugs were found.
Chain of Custody Issues
The prosecution must establish a clear chain of custody for the seized drugs, ensuring that the evidence presented in court is reliable and untampered with. Your attorney can investigate whether any lapses or irregularities occurred during the handling and storage of the evidence.
Understanding Missouri’s drug laws, their classifications, and potential sentencing involved makes an enormous difference if you ever face a drug charge. Even if you never find yourself in such a situation, you should consult with a legal professional and stay informed about Missouri’s evolving legal landscape to navigate the complexities of drug-related offenses in Missouri properly.