Category: Drug Possession

WHAT ARE THE PENALTIES FOR DRUG POSSESSION IN MISSOURI?

  

DRUG POSSESSION

Drug possession charges in Missouri can range from a small fine to years in prison — it all depends on the type of drug, the amount, and your criminal history.

If you’ve been arrested for drug possession in Missouri, our experienced Kansas City drug possession defense attorneys can explain the difference between a misdemeanor and a felony charge. Knowing the difference is crucial.

Even a “minor” drug offense can leave you with a permanent criminal record that affects your job, housing, and future.

MISSOURI’S DRUG POSSESSION LAWS

Missouri law makes it illegal to knowingly possess a controlled substance without a valid prescription. Controlled substances are divided into schedules based on how dangerous the state considers them and whether they have any accepted medical use.

Misdemeanor Drug Possession: The most common misdemeanor drug possession charge in Missouri is possession of marijuana (under 10 grams) for a first offense.

  • First offense (10 grams or less): Class D misdemeanor, fine up to $500, no jail time.
  • 10–35 grams: Class A misdemeanor, up to 1 year in jail and a $2,000 fine.

For most other controlled substances, misdemeanor charges are rare — possession of even small amounts of drugs like cocaine, meth, or heroin is usually a felony.

Felony Drug Possession: Possession of a controlled substance other than marijuana (or synthetic cannabinoids) is usually a Class D felony under Missouri law.

  • Penalty: Up to 7 years in prison and a $10,000 fine.
  • Applies to drugs like cocaine, heroin, methamphetamine, LSD, ecstasy, and prescription medications without a valid prescription.

Intent to Distribute vs. Simple Possession: One of the most important factors in your case is whether prosecutors believe you intended to use the drug yourself or sell/distribute it. Evidence that can lead to an “intent to distribute” charge includes:

  • Large quantities of the drug.
  • Packaging materials (baggies, scales).
  • Large amounts of cash.

An intent to distribute charge is much more serious — often a Class C felony with up to 10 years in prison.

DRUG POSSESSION IN KANSAS CITY MUNICIPAL COURT VS. STATE COURT

Some marijuana possession cases are handled in Kansas City Municipal Court instead of Jackson County Circuit Court. While municipal penalties are usually lighter, it’s still a criminal offense and can go on your record.

Felony drug charges will almost always go to state court.

Collateral Consequences of a Drug Conviction

A drug conviction can cause problems beyond fines and jail time, including:

  • Loss of certain professional licenses.
  • Difficulty finding a job or renting an apartment.
  • Ineligibility for federal student loans.
  • Immigration consequences for non-citizens.

DEFENDING A DRUG POSSESSION CHARGE IN MISSOURI

A skilled Kansas City criminal defense attorney can fight drug possession charges by:

  • Challenging the legality of the search and seizure.
  • Questioning whether you had actual possession or constructive possession.
  • Investigating lab testing procedures and chain of custody.
  • Negotiating for reduced charges, treatment programs, or dismissal.

In some cases, first-time offenders may be eligible for a drug court program that focuses on rehabilitation instead of punishment.

What you need to remember about drug possession charges in Missouri:

  • Possession of small amounts of marijuana may be a misdemeanor, but most other drug possession charges are felonies.
  • Amount, type of drug, and intent to distribute all affect the severity of charges.
  • A conviction can have long-term effects on your career, housing, and future.
  • Legal defenses exist — but you need a lawyer who knows Missouri drug laws inside and out.

FACING DRUG POSSESSION CHARGES IN MISSOURI? CALL KC DEFENSE COUNSEL

At KC Defense Counsel, our affordable Missouri drug possession defense attorneys have successfully defended clients in Kansas City against both misdemeanor and felony drug charges. If you’ve been arrested, don’t face the system alone — call us today for a free case evaluation and let us help start protecting your future.

Cities we serve: Adrian, Archie, Bates City, Belton, Blue Springs, Buckner, Butler, Cameron, Claycomo, Cleveland,  Drexel, Fairview,  Ferrelview,  Gladstone, Grain Valley, Grandview, Greenwood, Houston Lake, Independence, Kansas City Missouri, Kearney, , Knob Noster, Lake Lotawana, Lake Tapawingo, Lake Waukomis, Lake Winnebago, Lawson, Lee’s Summit, Liberty, North Kansas City, Oak Grove, Oakview,  Parkville, Peculiar,, Platte City, Platte Woods, Plattsburg, Pleasant Hill,  Raymore, Raytown, Riverside, Smithville, Sugar Creek, Tracy,  Warrensberg, Weatherby Lake, and Weston.

Statewide: Missouri State Highway Patrol and Sheriff Counties we serve: Bates County, Cass County, Clay County, Jackson County, Platte County, Ray County.

Contact our experienced Kansas City criminal defense lawyers near me in Missouri and let us help begin building your defense. Let us help.

Disclaimer: This page is for informational purposes only and does not create an attorney-client relationship. Always consult qualified counsel regarding your unique situation.

Understanding Harm Reduction and MAT Services for People Charged with Drug Possession – Guest Post

  

Harm Reduction and MAT Services for People Charged with Drug Possession

There has always been a correlation between drug use and self-harm, and we often ask ourselves: which one causes the other? Is it that substance abuse increases self-harm? Or is it self-harm that triggers substance abuse?

These questions are incredibly hard to answer since the complexity of the emotions that drive either action is almost impossible to comprehend and unique to the individual. That’s why some people who have been using drugs for so long can go through a series of substance abuse, self-harm, violence against others, and, at times, suicide.

Sadly, not everyone survives the harm they do to themselves. That’s why it’s important to implement harm reduction strategies or MAT services for people who have been charged with drug possession.

While some users suffer from the effects of taking substances, we can work to save others. It’s this step in the right direction that can help people heal from harm.

What Is Harm Reduction?

According to the National Harm Reduction Coalition, harm reduction is a series of practical ideas and strategies that are specifically designed to reduce the negative consequences related to drug use and abuse. Besides this, it’s also a social justice movement that’s built on a strong belief in and respect for the natural rights of individuals who use substances.

Therefore, harm reduction integrates a set of strategies that promote better managed use, safer use, and abstinence. This practice also incorporates the concepts of understanding individuals who use drugs from their point of view and meeting them exactly where they’re at. Overall, the goal is to address how these individuals use drugs as well as the act of using itself.

Since the strategies implemented in harm reduction vary depending on what the person and the community need, there’s no one-size-fits-all approach. The policies and interventions in harm reduction are diverse, but regardless, they abide by the central principles that govern this practice.

These include:

  • Accepting, for better or worse, that drug use is a part of this world but still working towards minimizing its harmful effects.
  • Understanding the complex and multifaceted nature of drug use while recognizing that there are safer usages than others.
  • Establishing a quality of life and well-being of not just the individual but also the community as a whole.
  • Being non-judgmental and non-coercive in assisting people who have been charged with drug use and/or possession.
  • Recognizing the imminent danger and harm associated with drug use — both licit and illicit.

What Are MAT Services?

On the other hand, MAT services, otherwise known as medication-assisted treatment, is the use of prescribed medications combined with behavioral therapies and counseling to help people who are charged with possession to sustain their recovery.

At the moment, there are only three types of drugs that the FDA approves as an effective treatment for opioid dependence. These are methadone, naltrexone, and buprenorphine. All of these medications have been tested and approved as safe and effective treatments, especially when combined with psychosocial support and counseling.

Let’s take a look at examples of each below:

FDA-approved Methadone

The FDA-approved medicine for opioid dependence treatment include:

  • Methadose oral concentrate
  • Dolophine tablets

Methadone can induce neuronal changes in the user’s brain and produce therapeutic effects to control the effects of the opioid receptors in the brain. As a result, it can relieve drug cravings and eliminate withdrawal symptoms, helping the user transition more seamlessly to a drug-free life.

FDA-approved Naltrexone

For naltrexone, the FDA only approved Vivitrol as a potential treatment for opioid addiction. This drug works by binding the opioid receptors located in the brain, thereby blocking the effects of opioids. The goal of this type of medication is to hinder any pleasurable or euphoric effects to discourage users from using again.

FDA-approved Buprenorphine

The FDA-approved medicine for opioid dependence treatment include:

  • Cassipa sublingual film
  • Bunavail buccal film
  • Sublocade injection
  • Suboxone film or tablet
  • Zubsolv sublingual tablets
  • Subutex sublingual tablet

Similar to naltrexone, buprenorphine helps in mitigating the effects of opioid in the brain. According to some reports, some people who have taken this medicine no longer experienced any withdrawal symptoms or extreme cravings for opioids and other alternatives.

How Do These Benefit the Person Charged with Possession?

Giving a person charged with possession access to online MAT services or harm reduction programs can be highly beneficial for their health and well-being. Here are some of these benefits:

It Can Save Their Lives

Taking FDA-approved medications and exploring harm reduction programs can reduce the death rate among those with addiction to over 50%, if not more.

It Can Reduce the Risk of Overdose or Relapse

People who have been charged with possession are still susceptible to relapse and overdose. So, by offering these treatment options, they can be watched over and monitored so they don’t fall under the same conclusion.

It Can Promote Better Recovery

Apart from relapse and overdose, it’s possible for individuals to experience cravings and withdrawal symptoms, making it more difficult for them to make the switch. With the availability of these programs, they can be surrounded by the support they need to recover completely.

It Can Give Patients a Holistic Approach to Healing

Both MAT and harm reduction are tailored to every individual. So, everyone taking these treatments can rest assured that they’re getting the best care possible.

Final Words

To understand how important it is to provide harm reduction and online MAT services to people charged with possession, let’s take a look at the numbers.

In the United States alone, over 70,000 individuals died from overdose in 2019. Within the 70,000 affected people, 70.6% of them were caused by opioids. This in itself demonstrates a staggering fact about the extent of our opioid addiction crisis in the country.

One of the ways we can protect people from succumbing to the same fate is by implementing the strategies mentioned above.

Drug Possession vs. Drug Distribution: Everything You Need to Know- Guest Post

   

drug distribution

According to the National Center for Drug Abuse Statistics or NCDAS, around 19.4% of the country’s population has used illegal drugs at least once in their lifetime. Since the year 2000, there has been an estimated 700,000 deaths attributed to drug overdose. There are more or less 31 million illegal drug users in the United States. 

Illegal drug use is also prevalent in other regions and countries, as proven by the numbers released by Statista.com. More or less 5.4% of the world’s population uses or has used illegal drugs.  

Using illegal drugs is a crime practically anywhere in the world. In the United States, anyone found possessing or using illegal drugs commits a federal and state crime. The consequences may vary by the state since some have legalized the cultivation and use of marijuana, but violations can range from fines to court cases and jail time.  

A person who is caught carrying illicit or illegal drugs can be accused of drug possession or drug distribution. These two criminal offenses are often used interchangeably, but each one is distinct from the other. 

Drug Possession 

A person charged with drug possession is caught intentionally and knowingly carrying illegal drugs, be it for personal use, selling, or distribution purposes. The substance in possession does not have a valid prescription and may be of substantial quantity. 

If there is proof that the person can control the illegal drugs in his possession, authorities will arrest him right away. If the substance is of limited quantity, it can mean that the drugs are intended for personal use. 

Drug possession laws vary in every state. For example, in Arizona, possessing illegal drugs is a serious offense. If you are caught near or beside an illegal drug or are proven to be under the influence, you can be charged with a felony. If you are caught committing such an offense, you need to work with a drug possession attorney. Your penalties will depend on the circumstances of your case, such as previous criminal history and the kind of substance in your possession.  

Types of Drug Possession 

Actual Possession/Possession in Fact – 

This happens when a suspect is caught making physical contact with an illicit substance or when the illegal drug is found on his person. 

Constructive Possession/Possession in Law – 

This happens when a person has access to, knowledge about, or a way of controlling the illegal substances involved. He could be charged with constructive possession of illegal drugs even if there were no substances with or anywhere near him when he was arrested. 

Drug Distribution 

A person charged with drug distribution is in possession of a significant quantity of illegal substances and money. Authorities consider this as evidence that the suspect is planning to distribute or sell the illegal drugs.  

Drug distribution is a felony, so anybody charged with it will face serious consequences, including a court hearing. Anyone caught importing, transporting, and selling cocaine, heroin, meth, and MDMA (among others) can be charged with felony drug distribution.  

What Happens When One is Charged with Drug Possession or Drug Distribution? 

If you are caught engaging in any activity that involves illegal drugs, there are inevitable legal repercussions that are dependent on your case. Typically, the consequences involve heavy fines, probation, federal prison or jail time, community service, and house arrest or any other type of confinement. Your offense will also be entered into the system, so you’ll have a criminal record.  

The length of your jail time will depend on the severity of your case, along with other vital factors such as the kind and quantity of the substance that you possessed or used. If only a small amount of illegal drugs were found near you or on your person, it would be classified as a misdemeanor. Larger amounts of illicit substances will be considered a felony with the intent to distribute. 

Several states charge first-time offenders with simple possession regardless of the quantity of illegal drugs involved in the case. However, if you are a repeat offender, you’ll be charged with harsher penalties. In some states, your driver’s license may also be suspended.  

Most of these penalties apply to drug possession. Since drug distribution is considered a felony, the fines are higher, and prison time is extended. 

In addition, if you are charged with drug distribution to a minor or had a gun with you when you were arrested, you will face a more complex case and maximum penalties.  

If you were arrested for distributing illegal drugs in a different state or across international borders, you violated federal laws. In such circumstances, the DEA or Drug Enforcement Administration will be called in. Federal-level offenses are serious legal violations, so your conviction may put you in federal prison.  

If you or someone you know has been charged with drug possession or drug distribution, get in touch with a lawyer experienced in illegal drug cases right away.