DRUG OFFENSES

Being Charged with a Drug Offense in Missouri: What You Need to Know

Facing a drug charge in Missouri can be a serious and life-altering event. Missouri, like many states, has strict laws surrounding the possession, distribution, manufacture, and trafficking of controlled substances. These charges can carry severe penalties, depending on the type and quantity of the drug involved, as well as the defendant’s prior criminal history.

Common Drug Offenses in Missouri

Missouri law distinguishes between different types of drug-related offenses, and penalties can vary widely based on the nature of the crime:

1. Possession of Controlled Substances: One of the most common charges, possession involves having illegal drugs on your person or in your possession. Missouri law classifies possession of a controlled substance as a Class D felony with a range of punishment from one day to one year in the county jail, one year to seven years in the Missouri Department of Corrections (prison), and/or a fine not to exceed $10,000.

2. Delivery of a Controlled Substance: Commonly misunderstood as “possession with intent to distribute,” delivery of a controlled substance is a more serious crime than simple possession. If someone is alleged to have knowingly delivered a controlled substance, the offense is classified as a Class C felony. However, if someone is alleged to have knowingly delivered a controlled substance to anyone under the age of 17, that classification goes up to a Class B felony.

Penalties for Drug Offenses

The penalties for drug offenses in Missouri depend on the specific offense, the type of drug involved, and whether the offender has any prior criminal history. Generally, the penalties include:

• Fines: Fines for drug offenses can range from a few hundred to thousands of dollars, depending on the charge. However, fines are rare and are not often levied. 
• Jail or Prison Time: Drug offenses can result in significant jail or prison sentences. 
• Probation: In some cases, a defendant may be eligible for probation instead of incarceration, particularly for first-time offenders or lesser offenses.
• Drug Court: For some offenses, the prosecutor might offer what is commonly called “drug court.” This is a diversion program that, after successful completion of the program, results in a dismissal of the charges filed. 

Defenses Against Drug Charges

If you’re facing a drug charge in Missouri, there are several potential defenses that could be used in your case, including:

• Illegal Search and Seizure: If the police violated your constitutional rights by conducting an unlawful search, evidence obtained during the search might be inadmissible in court.
• Lack of Knowledge or Intent: If you were unaware that you were in possession of illegal drugs, or if you did not intend to distribute or sell them, this could be a defense.
• Entrapment: If law enforcement encouraged or coerced you into committing a drug offense, this could be a viable defense.

Conclusion

Being charged with a drug offense in Missouri is a serious matter with potentially life-altering consequences. If you are facing drug charges, it’s important to understand the specific charges against you, the potential penalties, and your legal rights. Consulting with an experienced criminal defense attorney is crucial to understanding your options and developing an effective defense strategy. Missouri’s drug laws are complex, and having knowledgeable legal counsel can help ensure that your case is handled properly and that you receive the best possible outcome. Contact my office today for a free case consultation.