While most people are familiar with the specifics of a drug possession charge, a paraphernalia charge can be a bit less clear. What constitutes paraphernalia? If you or someone you know has been charged with possession of drug paraphernalia, it is crucial to reach out to a criminal attorney familiar with Missouri drug laws. Paraphernalia charges can easily be upgraded to felony charges without the right representation.
Misdemeanor Paraphernalia Statute
Citation: MO Rev Stat § 579.074 (2016)
- A person commits the offense of unlawful possession of drug paraphernalia if he or she knowingly uses, or possesses with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, a controlled substance or an imitation controlled substance in violation of this chapter or chapter 195.
- 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. Prior findings of guilt shall be pleaded and proven in the same manner as required by section 558.021.
- The offense of unlawful possession of drug paraphernalia is a class E felony if the person uses, or possesses with intent to use, the paraphernalia in combination with each other to manufacture, compound, produce, prepare, test, or analyze amphetamine or methamphetamine or any of their analogues.
Penalty of Conviction
Depending on the specifics of the conviction, a misdemeanor drug paraphernalia charge can carry a penalty of up to one year in jail with a fine up to $1000 (class A), or a fine up to $500 (class D).