First-Time Possession Charge in Missouri

Facing a first-time possession charge in Missouri for a controlled substance can be a daunting experience. The state takes drug possession seriously, and the penalties can vary depending on the specific circumstances and substance classification.

In this post, we’ll explore the various aspects of a first-time possession charge in Missouri, including the definition of possession, various drug classifications, the different classes of felonies, a few legal defense options, and the different types of sentencing that can accompany different felony charges. 

By understanding these key aspects, you can make informed decisions about your case and seek the appropriate legal guidance.

First-Time Charge for Possession in Missouri

If you’re facing a first-time possession charge in Missouri, you need to understand your situation’s potential consequences and legal implications. The penalties for possessing a controlled substance in Missouri can vary based on factors such as the classification of the substance, the quantity involved, and your prior criminal history, especially prior felony convictions.

Definition of Possession

Missouri drug law defines possession as, “…having actual or constructive possession of an object with knowledge of its presence.” This definition goes on to clarify a few details:

• • A person has actual possession if such person has the object on his or her person or within easy reach and convenient control. A person has constructive possession if such person has the power and the intention at a given time to exercise dominion or control over the object either directly or through another person or persons.
    
  • Possession may also be sole or joint. If one person alone has possession of an object, possession is sole. If two or more persons share possession of an object, possession is joint.

Drug Classifications

Under Missouri Revised Statutes, Chapter 195, there are four levels or “schedules” of drugs based on their potential for abuse, medical use, and the likelihood of causing dependence.

• • Schedule I: Substances with high potential for abuse and no accepted medical use, such as heroin, ​​lysergic acid diethylamide (LSD), ecstasy (MDMA), and peyote.
    

• • Schedule II: Substances with a high potential for abuse but also accepted medical uses under strict regulation. This can include cocaine, methamphetamine, oxycodone, fentanyl, and morphine.
    

• • Schedule III: Substances with a lower potential for abuse and accepted medical uses, such as anabolic steroids, ketamine, and certain medications containing codeine.

  • Schedule IV: Substances that have a low potential for abuse and accepted medical uses, such as Xanax (alprazolam), Valium (diazepam), and Ambien (zolpidem).

Legal Drugs in Missouri

While classified as controlled substances, there are some drugs the state allows individuals to possess under certain legal restrictions.

• • Marijuana: The state has legalized both the medicinal and recreational use of marijuana in recent years, but consumers typically have to meet certain requirements. Patients using marijuana for medical purposes must have a medical marijuana card verifying this. Recreational users must be at least 21 years old and can only purchase up to three ounces of marijuana from a licensed dispensary.
    

• • 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.

Felony Drug Charge in Missouri

Missouri law categorizes felony charges into classes ranging from Class A to Class E, with Class A being the most severe. According to Missouri Revised Statutes (Section 579.015), possession of a controlled substance is typically classified as a Class D felony: 

• A person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance, except as authorized by this chapter or chapter 195.

• The offense of possession of any controlled substance except thirty-five grams or less of marijuana or any synthetic cannabinoid is a class D felony.

• The offense of possession of more than ten grams but thirty-five grams or less of marijuana or any synthetic cannabinoid is a class A misdemeanor.

• The offense of possession of not more than ten grams of marijuana or any synthetic cannabinoid is a class D misdemeanor.  If the defendant has previously been found guilty of any offense of the laws related to controlled substances of this state, or of the United States, or any state, territory, or district, the offense is a class A misdemeanor.  Prior findings of guilt shall be pleaded and proven in the same manner as required by section 558.021.

• In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter or chapter 195, it shall not be necessary to include any exception, excuse, proviso, or exemption contained in this chapter or chapter 195, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.

A felony drug charge in Missouri is a serious offense with severe legal repercussions. Such charges are typically reserved for more significant drug-related offenses, such as possession with intent, distribution, drug trafficking, or manufacturing of controlled substances.

Beating a Possession with Intent Charge

Beating a possession with intent charge requires a strong legal defense strategy tailored to the specific circumstances of your case. Consult with an experienced criminal defense attorney who can analyze the case details, identify any potential weaknesses in the prosecution’s evidence, and develop a strong defense strategy.

Some potential defenses may include: 

• Challenging the legality of the search and seizure of the substances. 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.

• Contesting the evidence linking you to the substances. Prosecutors must prove a defendant’s guide beyond a reasonable doubt. So if the evidence used during the case is insufficient or lacking, the court may dismiss the case.

• Arguing a breach of Missouri statute of limitations for drug possession.

• Demonstrating a lack of knowledge or intent. Again, prosecutors have the burden of proving guilt beyond a reasonable doubt. If there’s any chance a defendant was unaware of or lacked control over the area where the controlled substances were, it can create reasonable doubt.

• Proving the substance wasn’t a controlled substance defined by state law.

Navigating the criminal justice system can be complex, especially regarding drug-related offenses. Consulting with an experienced criminal defense attorney specializing in Missouri drug possession laws is crucial to understanding the intricacies of your case and building a strong defense strategy.

Experienced attorneys can guide you through the legal process, protect your rights, and work towards achieving the best possible outcome in your case. They do this by comprehensively assessing the evidence, advising you on potential plea bargains or diversion programs, and advocating for your interests in court.

Missouri Statute of Limitations for Drug Possession

The statute of limitations on drug possession in Missouri sets a time limit within which charges must be filed against an individual for a specific offense. For drug possession charges, the limit depends on the classification of the offense and the potential penalties associated with it. 

Generally speaking, possession of controlled substances, including first-time charges, is limited to three years, meaning the prosecution must begin legal proceedings within three years from the date of the alleged offense. However, certain factors can extend or “toll” the statute of limitations, such as fleeing justice or being absent from the state.

Understanding the statute of limitations is crucial because if the prosecution fails to bring charges within the specified time frame, the defendant may be able to raise a defense based on that time limit. Consult with an experienced attorney who can evaluate the specific circumstances of your case and provide accurate guidance regarding Missouri’s statutes.

Sentence for Drug Possession in Missouri

As mentioned above, sentencing for drug possession in Missouri can vary based on several factors, including the substance’s classification, the quantity involved, the intent of the accused, and any prior criminal history. Missouri law provides a range of potential sentences for felony charges, both regarding imprisonment and fines. According to RsMO sections 558.002 and 558.011, the different levels of felony sentencing are:

• Class A Felony: Imprisonment for 10 – 30 years
  

• Class B Felony: Imprisonment for 5 – 15 years
  

• Class C Felony: Imprisonment for 3 – 10 years and up to a $10,000 fine
  

• Class D Felony: Imprisonment for 1 – 7 years and up to a $10,000 fine
  

• Class E Felony: Imprisonment for 1 – 4 years and up to a $10,000 fine

Several other factors can also influence sentencing outcomes, such as aggravating or mitigating circumstances and cooperating with law enforcement. Depending on the circumstances, first-time drug offenders may have a few options for avoiding incarceration.

Probation for First-Time Possession

Some first-time offenders may be eligible for probation, depending on the nature of their offense. This is especially true if the defendant was charged with a lesser misdemeanor than a felony. Probation allows individuals to remain in the community under specific conditions imposed by the court, such as regular check-ins with a probation officer, drug testing, or participation in drug treatment programs. Violating the terms of probation can result in additional legal ramifications, including incarceration.

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 program completion can result in charges being reduced or even dismissed.

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.

Expungement

In certain cases, first-time drug offenders may be eligible to have their records expunged. This effectively seals the criminal record, allowing individuals to move forward without the stigma of a drug conviction.

Facing a first-time possession charge in Missouri for controlled substances can have significant legal consequences. While there are some defensive strategies an individual can use, drug possession charges in Missouri can face a range of sentencing options. Depending on the nature of your case, a first offense for possession of a controlled substance in Missouri doesn’t have to end with incarceration. In recent years, the state has made efforts to allow for the possibility of rehabilitation over punishment, and first-time offenders may be allowed to pursue it to avoid imprisonment. 

Remember, the information provided here is general in nature and should not be considered legal advice. Each case is unique, and the best course of action can vary depending on the circumstances. Always consult a qualified criminal defense attorney who can provide personalized guidance based on your situation.