If you are facing charges of felony possession of controlled substances in Missouri, you should know that the potential consequences are severe.
Not only are you looking at jail time and hefty fines, but you may also become ineligible for:
- Housing
- Benefits
- Certain jobs
- College scholarships
- Buying or owning a firearm
That said, a criminal defense attorney can help you navigate the system and even join a diversion program and avoid imprisonment altogether.
What are Controlled Substances?
Controlled substances are those listed in Schedules I to V of the Missouri List of Scheduled Substances. These include:
Schedule I
- LSD
- Heroin
- MDMA
- Marijuana
- Magic mushrooms
Schedule II
- Cocaine
- Vicodin
- Codeine
- Fentanyl
- OxyContin
- Methamphetamines
Schedule III–V
- Steroids
- Antidepressants
- Prescription drugs
- Weight loss drugs
- Ambien and other sleep aids
- Anxiety drugs such as Xanax and Valium
- Prescription cough medicines
What are the Penalties for Possession of Controlled Substances in Missouri?
The penalties depend on the degree of the crime, the type and amount of the drug, your criminal history, and the presence of any aggravating or mitigating factors.
Keep in mind the penalties below only apply to the crime of possessing a controlled substance. Any related charges involving the sale, distribution, delivery, or trafficking of drugs, as well as federal criminal charges, carry much more severe penalties.
Class D Felonies
These include the possession of:
- 35+ grams of marijuana
- Any amount of a controlled substance other than marijuana
Penalty: Up to seven years imprisonment.
Class D Misdemeanors
You can get charged with a Class D misdemeanor for having up to 10 grams of marijuana.
Penalty: A fine of up to $500.
Class A Misdemeanors
These include the possession of:
- Up to 35 grams of marijuana
- 10 grams of marijuana or less with a prior drug conviction
Penalty: Imprisonment of up to one year and a maximum fine of $2,000.
Are There Alternatives to Jail Time?
If you are a first-time and low-risk offender, you may be eligible for Missouri’s Drug Court Diversion Program. The program offers a treatment-based alternative to incarceration to help people get in recovery and lead crime- and drug-free lives.
To enroll, you would normally have to plead guilty and begin drug addiction treatment. Upon completing the program and meeting your probation requirements, you may get your charges dismissed, resulting in a clean conviction record.
If you fail to complete the program, however, the court may send you to prison to serve your sentence.
What Defenses are Available to You?
Defenses that you may be able to use include:
- Unlawful traffic stop
- Illegal search and seizure
- Unreliable witness identification
- The drugs belong to someone else
- You did not knowingly possess the drugs
What to Do If You are Charged with Felony Possession of Controlled Substances
First, take a deep breath and try not to panic.
Second, appoint an experienced criminal attorney with a good track record of defending drug possession crimes.
Contact the Law Office of Michael R. Taylor today to find out if you can plead any defenses, check your eligibility for a diversion program, and reclaim your life.