Marijuana Criminal Charges In Missouri
Hire a top Criminal Defense Lawyer for your Drug Charges in St. Louis and St. Charles County:
In Missouri, tetrahydrocannabinol (THC) is the principal psychoactive constituent of cannabis and is still considered by Missouri law to be a Schedule I controlled substance. Therefore, there are many situations where possession of marijuana could be considered a crime, which would have serious consequences on your life.
Almost all possession charges will result in a misdemeanor charge, which can have serious implications. Even more serious felonies may accrue if the amount of marijuana is large enough to warrant a distribution or trafficking charge, or if there is notable reason to charge you for delivery.
If you’re charged with possessing marijuana, you need someone who has District Attorney drug training, who understands the law, and skilled in the courtroom.
Overview of Missouri Law on Marijuana Charges
Possession of 35 or more grams of Marijuana: D Felony
Under Missouri law, a person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance, except as authorized by Missouri Law.
The offense of possession of any controlled substance except thirty-five grams or less of marijuana or any synthetic cannabinoid is a class D felony.
Possession of 10-35 grams of Marijuana: A Misdemeanor
The offense of possession of more than ten grams but thirty-five grams or less of marijuana or any synthetic cannabinoid is a class A misdemeanor.
Possession of less than 10 grams of Marijuana: D Misdemeanor to A Misdemeanor
The offense of possession of not more than ten grams of marijuana or any synthetic cannabinoid is a class D misdemeanor. If the defendant has previously been found guilty of any offense of the laws related to controlled substances of Missouri, or of the United States, or any state, territory, or district, the offense is a class A misdemeanor.
Possession of Drug Paraphernalia: D Misdemeanor to A Misdemeanor
Possession of Drug paraphernalia is one of the most common charges associated with a marijuana 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, 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 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.
Delivery of Marijuana: E to C Felony
In Missouri, a person commits the offense of delivery of a controlled substance if, except as authorized in this law he or she:
Knowingly distributes or delivers a controlled substance, attempts to distribute or deliver a controlled substance, knowingly possesses a controlled substance with the intent to distribute or deliver any amount of a controlled substance; knowingly permits a minor to purchase or transport illegally obtained controlled substances.
Except as otherwise provided by law, the offense of delivery of thirty-five grams or less of marijuana or synthetic cannabinoid is a class E felony.
The offense of delivery of thirty-five grams or less of marijuana or synthetic cannabinoid to a person less than seventeen years of age who is at least two years younger than the defendant is a class C felony.
Marijuana Possession Charges in St. Louis City: Infraction
In 2013, the City of St. Louis passed an ordinance decriminalizing under 35 grams of marijuana, making it an infraction, much like a traffic ticket which would also carry a fine of somewhere between $100 and $500, typically.
Marijuana Possession Charges in St. Louis County: Not Prosecuted Under 100 Grams (Prosecutor’s Choice)
On January 1, 2019, a Prosecuting Attorney Wesley Bell was sworn in took office, immediately implementing policies regarding the prosecution of marijuana. His office shortly thereafter, announced a policy that St. Louis County would no longer prosecute possession of less than 100 grams of marijuana. His policy was silent regarding possession of drug paraphernalia associated with marijuana or delivery, but it can be presumed that paraphernalia cases associated will less than 100 grams of marijuana will likely not be prosecuted, however the same cannot be said about delivery charges. Also, just because St. Louis County itself issued a new policy, doesn’t mean that it will be followed by the municipalities which often times opt to prosecute the crime of possession of marijuana themselves, rather than referring it to the county attorney’s office.
Marijuana Possession Charges in St. Charles County: D to A Misdemeanor
Unlike St. Louis County, St. Charles County has not implemented a policy regarding the non-prosecution of marijuana charges and has a tendency to prosecute the charges to the full extent as authorized by Missouri Law. Thus, if you receive a charge for possession of marijuana or drug paraphernalia, you may be subjected to criminal penalties which carry long-term consequences and are difficult to remove from your record.
Marijuana Charges in Municipalities: Ordinance Violation
St. Louis County is unique in that it has a vast number of small municipalities which 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 misdemeanor or ordinance charges. The municipal courts have the authority to prosecute crimes under their own city ordinance including the prosecution of marijuana charges to the full extent authorized by Missouri law. For instance, marijuana charges in Ladue, Creve Coeur, Des Peres, Chesterfield, Town and Country and other municipalities may charge you with possession of marijuana and drug paraphernalia as misdemeanor offenses which could have a serious impact on your life, especially if you don’t have a lawyer to help negotiate or fight your case.
Drug Courts and Treatment:
St. Louis, St. Charles and other counties are putting a lot of emphasis on their drug and recovery courts. These courts are aimed at helping individuals who struggle with addiction, rather than prosecuting them. These courts are especially geared helping people with addiction problems even to substances such as marijuana. The Krupp Law Firm has handled many cases in which someone addicted to dangerous substances benefited greatly from these drug court treatment plans and can help you decided if the program is right for your situation.
The Krupp Law Firm closely looks at the evidence against you right from the beginning with the idea that any criminal charge might go to trial. We analyze your defenses and compare them to what sort of treatment you could benefit from in a drug court or treatment plan, rather than fighting the case. If the case needs to be fought, the Krupp Law Firm has experience on both sides of these cases and has fought and won drug cases in court.