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Possession of Imitation Controlled Substance

Imitation Controlled Substances

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.

Even something as harmless as oregano could end up being used as evidence against someone under the right set of circumstances. When deciding whether a substance qualifies as an "imitation controlled substance", the Courts will look at a number of factors to guide their decision. 

For example, if a person in possession of a small amount of oregano has a prior drug related criminal history, then this could be used to justify the classification of the otherwise harmless substance as an "imitation controlled substance". Additionally, if the substance is packaged in a manner similar to a controlled substance, with the intention to convince another person that it was a controlled substance, then it could qualify for the label of "imitation controlled substance".

Other factors include whether the substance was sold for an amount that would far exceed the true value of the substance; how close is the substance to other controlled substances; or statements made by the possessor or seller of the substance. 

The possible penalties for the offense of possession of an imitation controlled substance in Missouri are:

  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 have been charged with possession of an imitation controlled substance, your first move should be to contact a skilled criminal defense attorney immediately. Anthony Bretz has spent over a decade fighting in court for those charged with crimes. Contact us today for a free consultation and to discuss your options. You don't have to let a mistake follow you for the rest of your life. 

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