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Misdemeanor Drug Charges

Misdemeanor Drug Charges

Missouri Misdemeanor Drug Offenses include Marijuana offenses. These charges involve the possession of small amounts of Marijuana in the amount of 35 grams or less, and possession of paraphernalia. The maximum range of punishment for the most serious misdemeanor charge, being a class A misdemeanor, is up to 1 year in a county jail, a fine of up to $2,000 or a combination of both. In additional to these penalties, a defendant could face additional costs and conditions of a sentence. 

Marijuana Charges

Misdemeanor Marijuana charges in Missouri are defined by the amount of Marijuana in your possession. As long as you only had 35 grams on you at most, then you can only be charged for a misdemeanor. if you have more than 10 grams but no more than 35 grams of Marijuana on you, then you can be charged for a class A misdemeanor offense. If you have 10 grams or less on you, then the most you can be charged with is a class D misdemeanor. Any more than 35 grams and you will be facing felony charges. 

If you are in possession of 10 grams or less of Marijuana in Missouri, then you could face the following penalties:

  1. A class D misdemeanor criminal record.
  2. A fine of up to $500.
  3. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised. 
  4. Costs for probation.
  5. Court Costs. 
  6. Random Drug Testing and the Costs. 
  7. Community Service.

For more information on Missouri Drug penalties for Possession of Less than 10 Grams of Marijuana click here.

If you are in possession of 10 grams or less of Marijuana in Missouri and you have a prior drug offense, then you could face the following penalties:

  1. A class A misdemeanor criminal record.
  2. A jail sentence of up to 1 year.
  3. A fine of up to $2,000.
  4. A combination of both a jail sentence and a fine.
  5. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised. 
  6. Costs for probation.
  7. Court Costs. 
  8. Random Drug Testing and the Costs. 
  9. Community Service.

For more information on Missouri Drug penalties for Possession of Less than 10 Grams of Marijuana with a Prior click here.

If you are in possession of more than 10 grams but 35 grams or less of Marijuana in Missouri, then you could face the following penalties:

  1. A class A misdemeanor criminal record.
  2. A jail sentence of up to 1 year.
  3. A fine of up to $2,000.
  4. A combination of both a jail sentence and a fine.
  5. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised. 
  6. Costs for probation.
  7. Court Costs. 
  8. Random Drug Testing and the Costs. 
  9. Community Service.

For more information on Missouri Drug penalties for Possession of More than 10 Grams but 35 Grams or Less of Marijuana with a Prior click here.

Drug Paraphernalia Charges

Unlawful Possession of Drug Paraphernalia, is defined by Missouri law as when a person knowingly uses, or possess 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 Missouri's Controlled Substances Act or Missouri's Narcotic Drug Act.

"Drug paraphernalia" is a term, which relates to a large number of identified items but also can include any equipment, product or accessory that is meant for making, using, or hiding drugs. It is most commonly used in relation to recreational drugs, such as bongs, one-hitters, hookahs, etc.

Possession of drug paraphernalia can result in a misdemeanor charge or a felony charge, depending on whether you have any priors or for what you intend to use the paraphernalia. If the paraphernalia is being used in conjunction with amphetamine or methamphetamine or any of their analogues, then it is considered a felony offense.

If you are facing an unlawful possession of drug paraphernalia charge in Missouri, then you could face the following penalties:

  1. A class D misdemeanor criminal record.
  2. A fine of up to $500.
  3. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised. 
  4. Costs for probation.
  5. Court Costs. 
  6. Random Drug Testing and the Costs. 
  7. Community Service.
  8. Drug Offender Evaluation and Treatment Costs
  9. Drug Offender Classes and Costs. 

For more information on Unlawful Possession of Drug Paraphernalia click here.

If you are facing an unlawful possession of drug paraphernalia charge in Missouri and you have a prior drug offense, then you could face the following penalties:

  1. A class A misdemeanor criminal record.
  2. A jail sentence of up to 1 year.
  3. A fine of up to $2,000.
  4. A combination of both a jail sentence and a fine.
  5. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised.
  6. Costs for probation.
  7. Court Costs.
  8. Random Drug Testing and the Costs.
  9. Community Service

Unlawful possession of drug paraphernalia used, or intended to be used, in combination with each other to manufacture, compound, produce, prepare, test, or analyze amphetamine or methamphetamine or any of their analogues is a class E felony. 

If you are facing an unlawful use of drug paraphernalia charge in Missouri, then you could face the following penalties:

  1. A class D misdemeanor criminal record.
  2. A fine of up to $500.
  3. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised. 
  4. Costs for probation.
  5. Court Costs. 
  6. Random Drug Testing and the Costs. 
  7. Community Service.
  8. Drug Offender Evaluation and Treatment Costs
  9. Drug Offender Classes and Costs. 

If you facing an unlawful use of drug paraphernalia charge in Missouri and you have a prior drug offense, then you could face the following penalties:

  1. A class A misdemeanor criminal record.
  2. A jail sentence of up to 1 year.
  3. A fine of up to $2,000.
  4. A combination of both a jail sentence and a fine.
  5. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised. 
  6. Costs for probation.
  7. Court Costs. 
  8. Random Drug Testing and the Costs. 
  9. Community Service.

If you are charged with an unlawful delivery of drug paraphernalia in Missouri, then you could face the following penalties:

  1. A class A misdemeanor criminal record.
  2. A jail sentence of up to 1 year.
  3. A fine of up to $2,000.
  4. A combination of both a jail sentence and a fine.
  5. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised. 
  6. Costs for probation.
  7. Court Costs. 
  8. Random Drug Testing and the Costs. 
  9. Community Service.

However, you will be charged with a felony offense if your distribution, delivery, or sale of drug paraphernalia is done in pursuit of a commercial purpose.

If you are facing a charge of unlawful manufacture of drug paraphernalia in Missouri, then you could be facing the following penalties:

  1. A class A misdemeanor criminal record.
  2. A jail sentence of up to 1 year.
  3. A fine of up to $2,000.
  4. A combination of both a jail sentence and a fine.
  5. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised. 
  6. Costs for probation.
  7. Court Costs. 
  8. Random Drug Testing and the Costs. 
  9. Community Service.

If you are accused of manufacturing drug paraphernalia for a commercial purpose, then you are facing a felony charge.

If you are facing a charge of promoting the sale of drug paraphernalia or imitation controlled substances in Missouri, then you could be facing the following penalties:

  1. A class B misdemeanor criminal record.
  2. A jail sentence of up to 6 months.
  3. A fine of up to $1,000.
  4. A combination of both a jail sentence and a fine.
  5. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised.
  6. Costs for probation.
  7. Court Costs.
  8. Random Drug Testing and the Costs.
  9. Community Service.

Methamphetamine Charges

Methamphetamine is a powerful, highly addictive stimulant that affects the central nervous system. Also known as meth, blue, ice, and crystal, among many other terms, it takes the form of a white, odorless, bitter-tasting crystalline powder that easily dissolves in water or alcohol.

The Missouri Narcotic Drug Act defines a methamphetamine precursor drug as, "any drug containing ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers." 

If you have been charged with the offense of unlawful sale, distribution, or purchase of over-the-counter methamphetamine precursor drugs in Missouri; then you could be facing the following penalties:

  1. A class A misdemeanor criminal record.
  2. A jail sentence of up to 1 year.
  3. A fine of up to $2,000.
  4. A combination of both a jail sentence and a fine.
  5. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised. 
  6. Costs for probation.
  7. Court Costs. 
  8. Random Drug Testing and the Costs. 
  9. Community Service.

Miscellaneous Controlled Substance Charges

If you have been charged with the offense of possession of an imitation controlled substance in Missouri, then you could be facing the following penalties:

  1. A class A misdemeanor criminal record.
  2. A jail sentence of up to 1 year.
  3. A fine of up to $2,000.
  4. A combination of both a jail sentence and a fine.
  5. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised. 
  6. Costs for probation.
  7. Court Costs. 
  8. Random Drug Testing and the Costs. 
  9. Community Service.

An Imitation Controlled Substance is defined by the Missouri Narcotic Drug Act as a substance that is not a controlled substance, which by dosage unit appearance (including color, shape, size and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance.

If you have been charged with the offense of distribution of controlled substance in violation of registration requirements in Missouri, then you could be facing the following penalties:

  1. A class A misdemeanor criminal record if you knowingly refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under Missouri's Narcotic Drug Act.
  2. A jail sentence of up to 1 year.
  3. A fine of up to $2,000.
  4. A combination of both a jail sentence and a fine.
  5. Probation for up to 2 years, either Supervised or Unsupervised. 
  6. Costs for probation.
  7. Court Costs. 
  8. Random Drug Testing and the Costs. 
  9. Community Service.

If you have been charged with being with the first offense of possession or purchase of solvents to aid others in violation of Missouri's Controlled Substances Act, then you could face the following penalties:

  1. A class B misdemeanor criminal record.
  2. A jail sentence of up to 6 months.
  3. A fine of up to $1,000.
  4. A combination of both a jail sentence and a fine.
  5. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised. 
  6. Costs for probation.
  7. Court Costs. 
  8. Random Drug Testing and the Costs. 
  9. Community Service.

This charge specifically applies to aiding or inducing others to violate RSMo. Sections 579.097-579.099.

You will be charged with a class E felony for any additional offenses beyond your first. 

If you are facing a charge of intentionally inhaling or inducing others to inhale solvent fumes in Missouri, then you could be facing the following penalties:

  1. A class B misdemeanor criminal record.
  2. A jail sentence of up to 6 months.
  3. A fine of up to $1,000.
  4. A combination of both a jail sentence and a fine.
  5. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised.
  6. Costs for probation.
  7. Court Costs.
  8. Random Drug Testing and the Costs.
  9. Community Service.

If you are facing a charge of inducing, or possession with intent to induce, symptoms by use of certain solvents, or possession or use of an alcohol beverage vaporizer in Missouri, then you could be facing the following penalties:

  1. A class B misdemeanor criminal record.
  2. A jail sentence of up to 6 months.
  3. A fine of up to $1,000.
  4. A combination of both a jail sentence and a fine.
  5. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised.
  6. Costs for probation.
  7. Court Costs.
  8. Random Drug Testing and the Costs.
  9. Community Service.

School Related Drug Charges

If you have been charged with your first offense of distribution of prescription medication on school property in Missouri, then you could face the following penalties:

  1. A class B misdemeanor criminal record.
  2. A jail sentence of up to 6 months.
  3. A fine of up to $1,000.
  4. A combination of both a jail sentence and a fine.
  5. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised. 
  6. Costs for probation.
  7. Court Costs. 
  8. Random Drug Testing and the Costs. 
  9. Community Service.

If you have been charged with a repeat offense of distribution of prescription medication on school property in Missouri, then you could face the following penalties:

  1. A class A misdemeanor criminal record if you knowingly refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under Missouri's Narcotic Drug Act.
  2. A jail sentence of up to 1 year.
  3. A fine of up to $2,000.
  4. A combination of both a jail sentence and a fine.
  5. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised. 
  6. Costs for probation.
  7. Court Costs. 
  8. Random Drug Testing and the Costs. 
  9. Community Service.

If you have been charged for a first offense of possession of prescription medication on school property in Missouri, then you could face the following penalties:

  1. A class C misdemeanor criminal record.
  2. A jail sentence of up to 15 days.
  3. A fine of up to $700.
  4. A combination of both a jail sentence and a fine.
  5. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised. 
  6. Costs for probation.
  7. Court Costs. 
  8. Random Drug Testing and the Costs. 
  9. Community Service.

If you have been charged with your repeat offense of possession of prescription medication on school property in Missouri, then you could face the following penalties:

  1. A class B misdemeanor criminal record.
  2. A jail sentence of up to 6 months.
  3. A fine of up to $1,000.
  4. A combination of both a jail sentence and a fine.
  5. Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised. 
  6. Costs for probation.
  7. Court Costs. 
  8. Random Drug Testing and the Costs. 
  9. Community Service.

Having an attorney on your side who is familiar with the Missouri Drug penalties is your best bet to winning your case or minimizing the consequences if you prefer to negotiate a plea deal. Anthony Bretz has devoted his time and practice to keeping up-to-date on developments in Missouri Drug laws and aggressively representing his clients in court. Contact us today to and we will start fighting for your rights now!

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