Getting charged with a drug crime in Missouri is serious, but what you’re actually charged with makes a huge difference in your potential sentence. Many clients come to KC Defense Counsel asking: “What’s the difference between drug possession and intent to distribute?” It’s a critical question, and the answer can determine whether you face probation or prison.

Here’s what you need to know if you’re facing drug charges in Kansas City or anywhere in Missouri.

POSSESSION CHARGES IN THE STATE OF MISSOURI

Under Missouri Revised Statutes § 579.015, possession of a controlled substance means you knowingly had a controlled substance in your possession or control, without a valid prescription.

Examples include:

Carrying a small amount of marijuana (still illegal in many cases despite recent reforms)
Holding a baggie of cocaine or pills in your pocket or purse
Having meth or heroin in your vehicle or home

PENALTIES FOR DRUG POSSESSION IN MISSOURI

First-time offense (non-marijuana): Class D felony

Up to 7 years in prison and a fine up to $10,000
Marijuana under 10g (first offense): Usually a fine, not jail time
More than 35g of marijuana: Felony charge possible

At KC Defense Counsel, we often fight to get these charges dismissed or reduced, especially for first-time offenders or those eligible for diversion programs.

INTENT TO DISTRIBUTE IN MISSOURI: A MORE SERIOUS CHARGE

Possession with intent to distribute is charged under revised Missouri statute 579.020. This means prosecutors believe you weren’t just holding drugs for personal use but that you intended to sell, deliver, or distribute them to others.

What makes prosecutors think you intended to distribute?

Large quantity of drugs
Scales or baggies found nearby
Large amounts of cash
Texts or messages referencing sales
Firearms or weapons present

Even if you never actually sold the drugs, you can be charged with intent based on the surrounding evidence. And the intent to distribute is almost always a felony.

Penalties for Intent to Distribute:

Class C Felony: 3–10 years in prison

(Certain Schedule III–V drugs)

Class B Felony: 5–15 years in prison

(Schedule I–II drugs like heroin, fentanyl, cocaine)

Class A Felony: 10–30 years or life in some trafficking cases

These charges can come with mandatory minimums, especially in drug-free zones or if firearms are involved.

HOW KC DEFENSE COUNSEL FIGHTS DRUG CHARGES

Our experienced Kansas City drug defense lawyers build a strong strategy to challenge:

Illegal search and seizure
Lack of probable cause
Unlawful traffic stops
Weak or circumstantial evidence of intent
Violations of Miranda rights

In some cases, we can negotiate for a reduced charge—turning intent to distribute into simple possession. In addition, we push for dismissal based on constitutional violations or enter clients into diversion programs.

YOU MAY BE ELIGIBLE FOR DRUG COURT

If you’re a first-time offender facing drug possession or distribution charges, Jackson County Drug Court could be an option. This allows you to complete a supervised program instead of serving jail time and potentially avoid a conviction altogether.

We’ll help determine if this is the right path for you.

CHARGED WITH DRUG POSSESSION IN MISSOURI? CALL KC DEFENSE COUNSEL

Don’t take your chances fighting the Missouri legal services system on your own. Call the affordable Kansas City drug crimes defense lawyers near you at KC Defense Counsel. We offer free, confidential consultations and will begin building your defense immediately.

Don’t wait, drug charges move fast in Missouri courts, and your future is too important to gamble.