A drug possession charge in Missouri can be a misdemeanor or a felony depending on the circumstances of the case. Either way, it’s a serious criminal offense that can carry severe penalties, which is why it’s in your best interest to work with an experienced defense attorney if you’ve been charged with a first-time drug offense. This guide will help you understand the consequences you may be facing.

Misdemeanor Offenses

Whether drug possession is considered a misdemeanor or felony depends on the type of drug involved and the amount found on the defendant during the time of their arrest. 

That said, Missouri has some of the toughest drug laws in the U.S., and many drug possession charges are considered felonies. The one exception to this rule is marijuana possession, which is designated a class A misdemeanor if the defendant is caught with 35 grams or less. 

Felony Offenses

Unlawful possession of a controlled substance—including more than 35 grams of marijuana—is considered a class D felony in Missouri. If the defendant is also accused of drug trafficking, the charge may be increased to a more severe class A or B felony. 

Whether a person is charged with drug trafficking depends on the amount found and the drug's Schedule rating, which assesses its level of danger. For example, heroin is considered a Schedule I drug (the most harmful) because it has a high potential for abuse and no accepted medical value.

Penalties for First-Time Offenders

Under Missouri law, a first-time offender charged with a class A misdemeanor may face up to one year in jail and fines of up to $1,000. Those found guilty of class D felonies face a much more serious penalty of up to seven years in prison and fines of up to $10,000. Class A felonies are the most severe, punishable by between 10 to 30 years in prison, or life imprisonment.

If you've been charged with drug possession, get in touch with the Law Office of Mike Hamilton in Columbia, MO. With nearly three decades of experience as a criminal defense lawyer, this seasoned attorney will work hard to defend your rights and deliver the best outcome possible. Visit his website to learn more and call (573) 825-5698 to schedule a consultation today.

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