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Penalties For Possession Of Marijuana In Missouri

marijuana and drug paraphernalia tickets

Penalties for possession of marijuana in Missouri range from a $500 fine and no jail time (for first-time possession of 10 grams or less) to 7 years in prison and a $10,000 fine (for felony possession of more than 35 grams).

Here is a link to a chart showing Missouri penalties for possession of marijuana, drug paraphernalia, hash and concentrates, as well as the penalties for the sale, trafficking, distribution, and cultivation of marijuana in Missouri.

Possession of Marijuana Has Not Been Decriminalized in Missouri

Missouri law regarding marijuana possession considers marijuana a controlled substance, which is illegal to possess, use, grow, or sell in Missouri.

In 2017, the penalty for first-time possession of 10 grams or less of marijuana was decreased to just a fine of $500 and no possibility of jail time. Regardless of that fact, marijuana has not been decriminalized in Missouri.

Therefore, if you plead guilty to unlawful use of drug paraphernalia or possession of marijuana (even 10 grams or less), you will end up with a drug conviction on your criminal record. Having a drug conviction on your record will make it very difficult to find a job, rent an apartment, or get federal financial aid for college.

How To Avoid Getting Caught With Marijuana

The best way to avoid getting caught with weed is to restrict yourself to smoking it in your own home. If you smoke pot at home and decide to go out later, you should take a shower and change your clothes before leaving your house, and don’t bring any weed or paraphernalia with you. If you do bring weed or paraphernalia with you in your car, don’t leave it out in the open where a police officer could easily see it.

Of course, if you feel impaired in any way, do not drive, or else you risk getting charged with DUID (Driving Under the Influence of Drugs).

Even if you are not impaired, if a police officer pulls you over for a traffic violation and smells marijuana on your clothes or in your car, the officer can search your car without your consent. If the officer finds a baggy of weed or a one-hitter in your car, the officer may arrest you but will more likely just give you a ticket for possession of marijuana and/or drug paraphernalia and let you go.

For more helpful tips for avoiding a drug conviction, see my previous blog post “Best & Worst Places to Smoke Weed in Missouri.”

An Attorney Can Keep Marijuana Charges Off Your Criminal Record

You will need to hire an experienced criminal defense attorney to represent you if you want to keep marijuana or drug paraphernalia charges off your criminal record.

It is very common for my clients to never have to appear in court. However, the outcome of your case depends on many factors, such as:

  • How old are you?
  • Do you have any prior drug-related arrests, charges, or convictions?
  • Which court is your case being prosecuted in?
  • How much marijuana were you caught with?
  • Were you cooperative and polite to the police officer?

Most attorneys offer a free consultation and can give you a flat-fee price quote for how much they will charge to represent you, including an estimate of the fines and court costs you will have to pay to the court to get your charges reduced.

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Contact St. Louis marijuana lawyer Andrea Storey Rogers at (314) 724-5059 or [email protected] for a free consultation about your Missouri marijuana or drug paraphernalia charges.

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Don’t Plead Guilty To Possession Of 10 Grams Or Less Of Marijuana

medical marijuana card

There is no possibility of jail time for first-time possession of 10 grams or less of marijuana in Missouri, but the conviction will show up on your criminal record if you plead guilty.

Penalty For Possession of 10 Grams Or Less Of Marijuana In Missouri

First-time possession of 10 grams or less of marijuana is a class D misdemeanor with a maximum punishment of a $500 fine but no jail time.

If you are NOT a first-time offender, possession of 10 grams or less of marijuana is a class A misdemeanor with a maximum punishment of 1 year in jail and a $2,000 fine.

The maximum penalty for possession of more than 10 grams but less than 35 grams of marijuana is 1 year in jail and a $2,000 fine.

Marijuana Possession Has Not Been “Decriminalized” In Missouri

It is common for some police officers to issue a ticket for possession of 10 grams or less of weed and advise the suspect to plead guilty and pay the fine because it’s “just like a speeding ticket,” but that is incorrect.

If you plead guilty to possession of 10 grams or less of marijuana, you will end up with a drug conviction on your permanent criminal record. This is true even if you are a first-time offender with no possibility of jail time.

Having a drug conviction on your criminal record will prevent you from getting a job or internship, and it will cause landlords to refuse to rent an apartment to you. You can also lose federal student aid for college if you are convicted of a drug-related offense. In addition, you can be evicted from government-subsidized housing because of a marijuana conviction.

Don’t Plead Guilty To 10 Grams Or Less of Marijuana

Instead of pleading guilty to possession of any amount of marijuana or drug paraphernalia, you can hire a criminal defense attorney to get your drug charge dismissed or reduced to a less serious offense, such as “Littering.”

If your case is being prosecuted in a municipal court and your attorney gets your marijuana ticket reduced to “Littering,” nothing will show up on your criminal record because most courts don’t report low-level offenses such as “Littering” to the Missouri State Police.

Hire A Lawyer To Get Your Marijuana Ticket Reduced To “Littering”

Criminal defense attorneys usually offer a free consultation and a flat-fee price quote for how much they will charge to represent you.

If you hire an attorney to represent you for your marijuana ticket, they will review your case and give you an estimate of the most likely outcome, which depends on the following factors:

  • How old are you?
  • How bad is your criminal history?
  • Which court is your case being prosecuted in?
  • How much marijuana did you have in your possession?
  • Were you honest and cooperative with the police officer?
  • Is your attorney experienced in handling marijuana charges?

Most misdemeanor marijuana or drug paraphernalia cases don’t go to trial, so your attorney can handle everything without requiring you to appear in court. Your attorney will negotiate a plea bargain deal with the Prosecutor which may involve one of the following options:

  • Dismissal – this requires community service and/or drug education class, but no fine
  • Deferred Prosecution/Diversion Program – your case will be dismissed after 6 months or 1 year of good behavior – you will pay a fine and court costs and may also have to take a drug education class
  • Reduction to “Littering” – your marijuana charge gets reduced to “Littering” – you will have to pay a fine and court costs
  • Suspended Imposition of Sentence With Probation – no fine, pay court costs, do community service and/or take a drug education class, court appearance with attorney is required – case is closed after probation is completed.

 

For more information about how to avoid getting charged with marijuana possession, see my previous post “Best & Worst Places to Smoke Weed in Missouri.”

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Call St. Louis marijuana attorney Andrea Storey Rogers for help with your Missouri drug charges. Call Andrea at (314) 724-5059 or email her at [email protected] for a free consultation and a flat-fee price quote.

 

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How To Keep Possession Of Marijuana Charges Off Your Criminal Record

medical marijuana card

Keep possession of marijuana charges off your criminal record by hiring an attorney to get them dismissed or reduced to a less serious offense.

Missouri Marijuana Penalties Can Include Jail Time

The maximum penalties for misdemeanor possession of a controlled substance (marijuana) or drug paraphernalia in Missouri are:

  • 10 Grams or Less of Marijuana (first-time offender) = $500 fine but no jail time
  • 10 Grams or Less of Marijuana (not a first-time offender) = $2,000 fine and 1 year in jail
  • Drug Paraphernalia (first-time offender) = $500 fine but no jail time
  • Drug Paraphernalia (not a first-time offender) = $2,000 fine and 1 year in jail
  • 11 to 35 grams of Marijuana= $2,000 fine and 1 year in jail

If you plead guilty to any of the criminal offenses listed above, you will have a drug conviction on your criminal record, regardless of whether your case is prosecuted in state court or municipal court. This is true even if you are a first-time offender charged with a crime for which there is no possibility of jail time.

Missouri’s law regarding possession of a controlled substance is RSMO 579.015

Missouri’s law regarding unlawful possession of drug paraphernalia is RSMO 579.074

For more information about Missouri’s marijuana laws, you can read my previous blog post, “Marijuana Has Not Been Decriminalized in Missouri.”

How Long Does Possession Of Marijuana Stay On Your Criminal Record?

If you plead guilty to possession of marijuana or drug paraphernalia, the conviction will stay on your criminal record forever unless you get it expunged.

Missouri’s new expungement law that went into effect January 1, 2018 provides people with the opportunity to expunge misdemeanor marijuana and drug paraphernalia convictions. You must have a clean record for 3 years before filing the petition for expungement, and there is a lifetime limit of 2 misdemeanors that you can get expunged.

I discussed Missouri’s new expungement law in my previous blog post “Missouri’s New Expungement Law Allows Many Misdemeanor & Felony Criminal Records To Be Sealed.”

Why You Should Not Plead Guilty To Possession Of Marijuana

Even if you were caught with just a pipe or a very small amount of pot, you will have a drug conviction on your permanent criminal record if you plead guilty.

Having a conviction for misdemeanor marijuana or drug paraphernalia can prevent you from getting a job, renting an apartment, getting a scholarship, or obtaining federal student aid. Drug convictions can also cause you to be evicted from government subsidized housing.

An Attorney Can Get Your Marijuana & Drug Paraphernalia Charges Dismissed Or Reduced To A Less Serious Offense

If you have been charged with possession of marijuana or drug paraphernalia, here are your options:

  • Go to court on your own without an attorney and plead guilty (not recommended)
  • Go to court and plead not guilty and have a trial (expensive, and you risk being convicted)
  • Go to court and ask the judge for a continuance of the court date (this gives you more time to hire an attorney)
  • Hire an attorney to get your drug charges dismissed or reduced to a less serious offense, such as “Littering”

Pleading guilty to possession of a controlled substance or drug paraphernalia is a bad idea because you will end up with a drug conviction on your permanent criminal record.

Going to trial for drug possession is risky and expensive, and you lose the opportunity to get a favorable plea bargain deal.

Having an experienced attorney represent you is your best option if you want to avoid having a drug conviction on your criminal record. Your attorney will advocate for you and negotiate the best possible plea bargain deal for you.

The outcome of your case depends on many factors, but your attorney may be able to get your charges completely dismissed or reduced to a less serious offense, such as “Littering.”

What To Do If You Can’t Afford An Attorney To Represent You For Your Marijuana Ticket

In most counties in Missouri, public defenders do not represent people charged with misdemeanor marijuana or drug paraphernalia in municipal court.

If your marijuana or drug paraphernalia case is being prosecuted in state court instead of municipal court and you can’t afford to hire a private attorney, you can contact the Missouri public defender’s office in the county in which you were charged to see if you qualify for a public defender.

You will have to fill out an application and provide proof of your finances before the public defender’s office will consider representing you. If someone paid your bond for you, or if you have any assets, the public defender may refuse to represent you. You could also go to court and ask the judge to appoint an attorney to represent you, but that option is not available in all courts.

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For a free consultation about your Missouri marijuana or drug paraphernalia ticket, contact criminal defense attorney Andrea Storey Rogers at (314) 724-5059 or email Andrea at [email protected]