Missouri’s laws regarding marijuana have undergone significant changes in recent years, but that doesn’t mean…
WHAT ARE THE PENALTIES FOR DRUG POSSESSION IN MISSOURI?
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.