If you have been convicted of a crime, you can explore other remedies with help from a post-conviction attorney. First, the conviction must be final. It is final when the deadline for filing appeals has passed, or your appeals have been denied. While this can seem like a hopeless time, your attorney can determine if…
Missouri Drug Possession Offense FAQs
Missouri has some of the strictest drug possession laws on the books. If you have been accused of possession of a controlled substance, you are likely frightened of those laws. Before you determine your next steps, learn more about drug possession in the state. Then, you will know what to expect, along with your options.
Questions and answers about drug possession in Missouri
Missouri has sentencing guidelines that judges follow for drug offenders. Those who are found guilty of drug possession could face fines, jail time, or both. Offenders might be able to go through drug court instead of going to jail. Learn more about the drug laws in the state.
What is the sentence for possession of a controlled substance?
Possession of a controlled substance is a Class D felony in Missouri. If convicted, the offender will serve up to seven years in jail and can be charged a fine of up to $10,000. The state uses different sentencing guidelines for persistent offenders. Persistent offenders are those who have been found guilty of at least two felonies at different times. If persistent offenders are caught with drugs, they can be charged with a Class C felony. The sentencing guidelines for a Class C felony are 3-10 years and up to $10,000 in fines.
What is the sentence for marijuana possession?
Marijuana possession has its own set of guidelines in the state of Missouri. First-time offenders caught with up to 10 grams of marijuana do not face jail but can be charged a fine of up to $500. Second-time offenders caught with 10 grams or less are subject to a penalty of up to one year in jail and a $2,000 fine. Those convicted of possessing 10 to 35 grams of marijuana have committed a Class A misdemeanor. The sentencing is up to one year in prison and a $2,000 fine. Marijuana possession of 35 grams to 30 kg is a Class C felony with a maximum penalty of seven years in prison and a $10,000 fine.
Is it possible to avoid jail time?
Those charged with drug possession might be able to avoid jail time by entering a drug court program. Drug court programs vary throughout the state but are generally open to non-violent, first-time offenders who agree to the court’s conditions. They will have to pay the program fees and submit to regular drug testing. Mandatory community service is typically a stipulation, and offenders must agree to home visits and meetings with a probation officer. Treatment is also typically a requirement.
Many programs require that the offender plead guilty to the charge. Then, after successfully completing drug court, the felony charge is dismissed. However, if the defendant does not meet the requirements, the standard sentence is imposed. For example, if the offender committed a Class D felony, the judge could order the defendant to go to prison for seven years and pay a fine of $10,000.
Get help with a drug possession charge
Drug possession is a serious crime in Missouri. While it is a misdemeanor to possess less than 35 grams of marijuana, it is a felony to possess any other controlled substance, regardless of the amount. If you have been charged with drug possession, contact an attorney. Your attorney can go over the options and help you determine if drug court is a wise choice.
Call (417) 865-2181 to schedule a consultation with Dean Price Law in our Springfield office. NOTE: This is for informational purposes only and does not constitute legal advice.
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