Drug-related charges can have a major impact on your life. If you or someone you know is facing allegations of felony possession of a controlled substance in Missouri, it is crucial to have a solid understanding of the relevant laws, penalties, and your legal rights.
Is Possession of a Controlled Substance a Felony or Misdemeanor?
Missouri drug laws classify possession of a controlled substance as either a felony or misdemeanor offense, depending on several factors. The classification is based on Missouri Revised Statutes and considers the type and quantity of the controlled substance involved.
For example, possession of controlled substances such as cocaine, methamphetamine, heroin, LSD, or ecstasy is generally considered a felony offense in Missouri. The severity of the felony charge may vary depending on the specific substance and the quantity possessed.
On the other hand, possession of certain controlled substances, particularly those with medicinal purposes, may be classified as misdemeanor offenses. For instance, possession of a valid prescription drug without a valid prescription may lead to misdemeanor charges.
Is Possession of a Controlled Substance a Felony in Missouri?
Yes, possession of a controlled substance can be considered a felony offense in Missouri. Missouri law explicitly classifies certain controlled substances and their possession as felonies under the Revised Statutes of Missouri.
To provide a clearer understanding, let’s look at some specific examples:
Possession of Cocaine
Under RSMo 579.015, possession of cocaine is classified as a felony offense in Missouri. The severity of the charge depends on the quantity possessed. Possession of fewer than two grams is a Class D felony, while possession of two or more grams is a Class C felony.
Possession of Methamphetamine
Possession of methamphetamine, commonly known as meth, is treated as a felony offense in Missouri. According to RSMo 579.015, possession of any amount of methamphetamine is a Class D felony.
Possession of Heroin
Heroin possession is also considered a felony offense in Missouri. Under RSMo 579.015, possession of any amount of heroin is a Class D felony.
It’s important to note that the severity of the felony charges may vary depending on the specific controlled substance and the quantity involved. The penalties for felony possession can include significant fines and imprisonment.
What Class Felony is Possession of a Controlled Substance in Missouri?
The classification of felony charges for possession of a controlled substance in Missouri depends on several factors, including the type and quantity of the substance and any previous convictions. Felony charges in Missouri are divided into classes, such as Class A, Class B, Class C, Class D, and Class E, Class A being the most severe. The specific class of felony charge for possession of a controlled substance varies depending on the substance and the quantity involved. For instance, possession of a controlled substance classified as a Schedule I or II substance may be charged as a Class C or Class D felony, respectively.
In Missouri, possessing a controlled substance can result in varying degrees of felony charges. The specific classification depends on factors such as the type of substance and the quantity possessed. The Missouri Revised Statutes (RSMo) outline these classifications to provide a framework for the legal system.
Class D Felony
Possession of a controlled substance is generally considered a Class D felony offense in Missouri. This classification applies to various substances, including but not limited to cocaine, methamphetamine, heroin, LSD, ecstasy, and prescription drugs without a valid prescription.
Example: Under RSMo 195.202, possession of cocaine in any amount is a Class D felony. If convicted, the penalties may include imprisonment for a term not to exceed seven years and/or fines.
Class C Felony
In certain circumstances, possession of controlled substances can elevate the offense to a Class C felony, which carries more severe penalties. The classification as a Class C felony may depend on factors such as the quantity of the controlled substance possessed, any prior convictions, or other aggravating factors.
Example: Possession of methamphetamine in any amount is classified as a Class D felony under RSMo 579.015. However, if a person has a prior drug-related conviction, possession of any amount of methamphetamine can be charged as a Class C felony, as outlined in RSMo 579.015.
Enhanced Penalties: Missouri law provides for enhanced penalties for possession of controlled substances in certain circumstances. For instance, if the possession occurs within a certain distance of a school, public housing, or a park, the offense may be subject to enhanced penalties.
Example: Under RSMo 579.055, possession of controlled substances within 2,000 feet of a school or public housing complex is subject to enhanced penalties, potentially resulting in longer periods of imprisonment and higher fines.
What Is the Maximum Sentence for Possession of a Controlled Substance in Missouri?
The maximum sentence for possession of a controlled substance in Missouri varies based on several factors, including the classification of the offense and the specific substance involved. The severity of the offense, the quantity of the controlled substance, and any prior convictions can all influence the potential sentence. For example, possession of a controlled substance classified as a Class C felony in Missouri carries a maximum sentence of up to 7 years in prison, while a Class D felony can result in a maximum sentence of up to 4 years in prison.
What Is a Felony Drug Charge in Missouri?
A felony drug charge in Missouri encompasses a range of offenses related to the possession, manufacture, distribution, or trafficking of controlled substances classified as felonies under the RSMo. The specific charge and severity of the offense depend on factors such as the type and quantity of the controlled substance, any previous convictions, and the presence of aggravating circumstances. For instance, possession with intent to distribute a controlled substance is a felony charge that can result in more severe penalties compared to simple possession.
Can I Be Charged with Possession If I Had Nothing on Me?
In Missouri, possession of a controlled substance typically requires physical possession or control over the substance. However, it is important to note that the concept of possession extends beyond having the substance directly on your person. Constructive possession, where you have control or access to the controlled substance, can also lead to charges. For example, if drugs are found in your vehicle or in your residence, you could potentially face possession charges if the prosecution can establish that you had knowledge of the substance and the ability to exercise control over it.
Are Dabs a Felony in Missouri?
Following the passage of Missouri’s recreational marijuana law in 2022, possession of dabs, or marijuana concentrates, is no longer a felony in Missouri. Under that law, purchasing, possessing, consuming, using, ingesting, inhaling, processing, transporting, delivering without consideration, or distributing without consideration three ounces or less of dried, unprocessed marijuana, or its equivalent, is legal for over 21.
Marijuana concentrates purchased at a licensed facility are legal.
What Does “Possession of a Controlled Substance Except 35 Grams or Less” Mean?
The short answer, as of December 2022, the phrase “possession of a controlled substance except 35 grams or less” means very little. Possession of less than three ounces or less of marijuana is legal for those 21 and over.
Prior to the passage of that law, the phrase was significant in Missouri’s drug laws, particularly concerning marijuana. Previously under Missouri law, possession of marijuana weighing 35 grams or less was classified as a Class A Misdemeanor and could result in felony charges in certain situations.
Navigating the complex legal landscape surrounding felony possession of a controlled substance in Missouri requires a deep understanding of the applicable laws, potential penalties, and your legal rights.
Consulting with an experienced lawyer specializing in drug-related offenses is crucial to building a strong defense strategy tailored to your specific circumstances. Remember, the consequences of a felony drug charge can have a lasting impact on your life, making it crucial to seek professional legal guidance to protect your rights and pursue the best possible outcome.