Possession of an illegal substance can lead to serious criminal charges, including fines and incarceration. However, not all drug offenses carry the same penalties. In Missouri, some drug offenses are misdemeanors, while others are felonies that can result in lengthy prison sentences.
So, what determines how serious a drug charge will be? Several factors can influence the charges a person faces and the potential penalties. Here are three of the most important.
What type of drug was found?
Controlled substances are divided into five categories called schedules. These classifications are based on factors such as a drug’s potential for abuse, its accepted medical uses and its potential for dependence.
Schedule I substances have a high potential for abuse and no currently accepted medical use under federal law. Schedule II substances also have a high potential for abuse but have accepted medical uses under strict controls. Drugs in Schedules III, IV and V generally have a lower potential for abuse.
The type of drug involved can significantly affect the charges and penalties. However, even possession of a small amount of a controlled substance can result in felony charges in Missouri.
How much of the substance was found?
The quantity of a controlled substance can also influence the severity of criminal charges. Generally, larger amounts can lead to more serious charges, particularly when prosecutors believe the drugs were intended for distribution.
Missouri law also establishes specific quantity thresholds for certain drug trafficking offenses. Depending on the substance involved, exceeding those thresholds can result in substantial prison sentences.
What was the defendant using the drug for?
There is a significant legal difference between possessing drugs for personal use and possessing them with the intent to sell or distribute them.
Someone accused of possessing a controlled substance for personal use may face less severe charges than someone accused of manufacturing or distributing drugs.
A large quantity of drugs, packaging materials, scales or other evidence may lead prosecutors to allege an intent to distribute. Certain quantities can also trigger trafficking charges under Missouri law, even without evidence that drugs crossed state lines.
The circumstances of each case matter. Understanding the specific charges, the evidence against you and the potential penalties is essential when facing drug allegations. Experienced legal guidance can help you explore your defense options and protect your rights.