Drug Paraphernalia Charges

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In Missouri, possession of drug paraphernalia is one of the most common drug charges. Possession of drug paraphernalia most often arises when someone is charged with an underlying possession of a controlled substance.

The most common possession of drug paraphernalia is one of several charges that a defendant may be charged with.

Possession of drug paraphernalia is commonly associated with marijuana, heroin, methamphetamine (meth), and cocaine or cocaine based substances, although it can be associated with other controlled substances.

The most common charge associated with drug paraphernalia in Missouri is the possession of drug paraphernalia.

Possession of drug paraphernalia charge will be referred to the county prosecutor’s office in some circumstances, especially when associated with felony possession of a controlled substance. On the other hand, possession of drug paraphernalia charge may be handled by a municipal court if it is associated with possession of marijuana charge or if it stands alone without any other possession charge.

In Missouri, a person commits the offense of unlawful possession of drug paraphernalia if he or she knowingly uses, or possesses with intent to use, drug paraphernalia to

• plant, propagate, cultivate, grow, harvest,

• manufacture, compound, 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 the law.

The offense of unlawful possession of drug paraphernalia is a class D misdemeanor, unless the person has previously been found guilty of any offense of the laws of this state related to controlled substances or of the laws of another jurisdiction related to controlled substances, in which case the violation of this law is a class A misdemeanor.

The offense of unlawful possession of drug paraphernalia is a class E felony if the person uses, or possesses with intent to use, the paraphernalia in combination with each other to manufacture, compound, produce, prepare, test, or analyze amphetamine or methamphetamine or any of their analogs.

Another charge associated with drug paraphernalia in St. Louis and St. Charles County is unlawful to manufacture drug paraphernalia and is almost exclusively handled by County prosecutors as opposed to municipal courts.

In Missouri, a person commits the offense of unlawful manufacture of drug paraphernalia if he or she unlawfully manufactures with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used 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 Law.

The offense of unlawful manufacture of drug paraphernalia is a class A misdemeanor unless done for commercial purposes, in which case it is a class E felony.

In Missouri, a person commits the offense of unlawful distribution, delivery, or sale of drug paraphernalia if he or she unlawfully distributes, delivers, or sells, or possesses with intent to distribute, deliver, or sell drug paraphernalia knowing, or under circumstances in which one reasonably should know, that it will be used 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 the law.

The offense of unlawful delivery of drug paraphernalia is a class A misdemeanor unless done for commercial purposes, in which case it is a class E felony.

St. Louis County is unique in that it has a vast number of small municipalities that have their own courts.

Most of a municipal court’s cases consist of traffic violations such as speeding tickets or other charges such as driving while revoked or suspended or even DUI/DWI charges.

The municipal courts have the authority to prosecute these crimes under local ordinances including the prosecution of drug paraphernalia charges to the full extent authorized by Missouri law.

For instance, possession of drug paraphernalia charges in Ladue, Creve Coeur, Des Peres, Chesterfield, Town and Country, and other municipalities may charge you with possession of drug paraphernalia which could have a serious impact on your life, especially if you don’t have a lawyer to help negotiate or fight your case.

For many people charged with possession of drug paraphernalia based on possession of a controlled substance such as marijuana, heroin, methamphetamine (meth), cocaine, or another controlled substance, drug court may be a good option.

Drug courts are aimed at helping people with addiction get treatment, beat their addiction, and also avoid prosecution for the crime. In some circumstances, the accused may not be eligible for drug court or it might not be the best option. It is best to speak with your attorney to see what the best option is for your case.