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Possession of Marijuana - 10 Grams or Less With a Prior Drug Offense

Enhancements for Priors

If you have previously been found guilty by a court after a trial or through a plea deal, then any future marijuana possession charges you may receive will be enhanced. Under the Missouri Controlled Substances Act, if you are facing a charge for possession of 10 grams or less of marijuana in Missouri and it is your second offense, then you are facing a maximum of 1 year in jail. Not only will you now be eligible for jail time, unlike with a first charge, but you will also face the possibility of higher fines and harsher conditions involved with your sentence.

Whereas an attorney may likely negotiate your possession of a joint down to Littering, or some similar less serious infraction, now you will likely be facing 2 years of probation at a minimum. Some prosecutors will want a conviction depending on how much time has passed between your first and second possession charges.

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.

Depending on the court, as well as your age, you may be required to participate in a drug offender class as well. Courts do not like it when someone who was given a second chance blows it. Don't compound your mistake by hiring the wrong attorney. Contact Anthony Bretz today to learn how he can help you avoid a conviction and make sure you can put this mistake behind you.

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