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The Marijuana Laws in Missouri 2019

combschris1 · January 13, 2019 ·

Introduction

Marijuana legalization is slowly spreading across the United States, and in November 2018, Missourians voted in favor of legalization of medical marijuana. Amendment 2, a constitutional amendment to allow medical marijuana, passed by a margin of 64% to 34%.

This change will allow qualified patients and caregivers to receive ID cards from the state, so they can grow up to six marijuana plants and purchase at least 4oz of cannabis from dispensaries each month. Doctors will be able to issue these cards for any condition they see fit, and business licenses will be obtainable for cultivation, infused-product manufacturing, and dispensaries.

Though there are no current changes to the criminal charges of possession due to this law, there may be some relaxation in certain areas of Missouri, as you can read about below.

This article will help guide you through the history of marijuana law in Missouri as well as the new amendment, and what changes and difficulties this new amendment brings.

History

Missouri has historically had one of the harshest marijuana laws in the nation. In the early 1900s, the maximum charge for selling marijuana to minors was the death penalty.

The first move toward legalization was in 1994, when they first tried to legalize medical marijuana but encountered difficulties because marijuana was not considered a medicine under federal law, so they gave up their efforts.

It wasn’t until 2014 that CBD oil (a non-psychoactive derivative of marijuana) was allowed for severe sufferers of seizures.

Changes in Recent Years

In 2014, a revamp of the state’s criminal code removed the possibility of jail time for first-time possession. So, now first-time offenders who possess up to 10g may have to pay a fine of up to $500 but are not at risk of jail time. However, sentences for those convicted of sales, trafficking or cultivation are still strict.

Now, with the legalization of medical marijuana, Missouri must have 192 medical marijuana dispensaries by 2020. However, it will take time for the infrastructure to become established, and it’s unlikely that patients and businesses will see their ID cards and licenses approved much before the end of 2019.

Difficulties

Missouri’s executive branch is looking to move quickly, but there is speculation around how quickly these changes will truly come into effect. Doctor Gil Mobley, who has ties in both Missouri and Washington State, where marijuana was legalized for medical use in 1998, said, “there are tremendous mountains to move … they won’t even have the paperwork ready until January 2020.” He went on to advise patients to open a dialogue with their doctors know about their conditions, as although doctors should be able to approve medical marijuana for any condition, he foresees patients finding difficulty in proving the severity of their conditions.

There are also questions about qualifying patients’ eligibility for state-governed jobs, as well as other positions that require a clean drug test. Similarly, concerns have been raised on whether Missourians can use medical marijuana and receive welfare help, as receiving these benefits is dependent on drug-screening policies.

Law enforcement has expressed a fear of an increase in incidents of driving under the influence (DUI), as patients may believe they are safe to drive, as well as an increase in unlawful growing operations. An increase in DUI offenses has been reported in other states that have successfully made medical marijuana legal, though statistical reports from Colorado argue that 94% of DUI charges are still alcohol-induced, and only 6% as cannabis-induced, though there is some room for error here, since there is no breathalizer equivalent for marijuana intoxication.

The introduction of the ID cards should make it easy for law enforcement to determine who should be in possession of marijuana and who shouldn’t.

Law enforcement leaders have, for the most part, vocally opposed any legalization of marijuana, and the new amendment will not change those feelings. Any recreational use of marijuana will still be illegal and enforced.

Marijuana is still illegal under federal law, which can complicate the prescription of the drug. It will be important for patients to remember that the ID card only protects them within Missouri and will not apply outside the state.

It will also be completely illegal to possess both medical marijuana and a gun.

Conviction

It’s important that you seek immediate legal help if you have been charged with a marijuana offense. If you have the approved ID card, then the presentation of this card will show law enforcement that you are legally allowed to possess it.

Combs Law Group is here to assist you if you are in the St. Louis Metro area and have been charged with a marijuana offense. We can provide you the support and defense you need and protect your freedom. We offer free consultations and have extensive experience in drug-related charges.

Below you’ll find the possible outcomes of a marijuana charge.

Possession

  • Up to 10g – first offense: Misdemeanor (up to $500 fine, no jail time)
    second offense: Misdemeanor (up to 1 year in jail)
  • 10-35g: Class A Misdemeanor (up to 1 year incarceration & $1,000 fine)
  • 35g-30kg: Class C felony (1 year incarceration & $5,000 fine)
  • More than 100kg is considered trafficking

Sale

  • Less than 5g: Class C felony (up to 7 years incarceration & $5,000 fine)
  • 5g-30kg: Class B felony (5-15 years incarceration & $20,000 fine)
  • Distribution to a minor, 17 years old or 2 years junior: Class B felony
    Or, if within 2000ft of a school or public housing: Class A felony

Trafficking

  • Trafficking drugs 1st degree, distribution/attempt to deliver 30-100kg: Class A felony (10 years to life incarceration and $20,000 fine)
  • 100kg and over: Class A felony (10 years to life incarceration without possibility of parole)
  • Trafficking drugs 2nd degree, buying/attempt to purchase 30-100kg: Class B felony
  • 100kg and over, or over 500 plants: Class A felony  

Future of Marijuana Charges

As you can see above, marijuana charges carry heavy, often life-changing penalties. However, with the legalization of medical marijuana, it’s likely that the criminal charges against recreational use and small-volume possession will relax in some areas.

Jackson County Prosecutor, Jean Peters Baker, said her office would cease prosecuting most marijuana cases, and that the change in attitude toward marijuana had been forecast by juries for some time.

The sentiment has been repeated elsewhere, both in Missouri and across the whole of the United States. St. Louis Circuit Attorney Kim Gardner said that her office would no longer prosecute for small amounts of marijuana.

Consequently, law enforcement leaders are following their lead. Jackson County Sherriff Darryl Forte said he would have to look at their policies before proceeding since they would not present any drug cases if they weren’t going to be prosecuted. The Jackson County Prosecutor’s Office handled hundreds of marijuana possession cases each year before the new laws came into effect.

It’s unlikely that cases will be dismissed because of the new law, but pending cases will be evaluated taking the new law into consideration, and possession charges are likely to experience much lighter penalties than stated above. People caught distributing marijuana illegally will still face prosecution.

Tim Garrison, US Attorney for the Western District of Missouri, emphasized that the new law has not changed the status of marijuana as an illegal drug under federal law, but that federal prosecutions in his district have always focused on large drug trafficking organizations, not single-person possession charges.

Some counties will still prosecute for small charges, so these attitudes are not universal. Clay County Prosecutor Daniel White said, “We’re going to handle what the police department brings us and the state of Missouri says is a crime.”

Other states saw this lightening of marijuana charges and prosecution when medical marijuana was legalized so this trend may continue in Missouri.

As Missouri prosecutors, courts and law enforcement find their footing on this new ground, it’s vital that you still take any marijuana charge seriously, and seek legal advice as soon as possible to avoid escalation or any negative effect on your career, family or freedom. Combs Law Group offers a free consultation and provides 24/7 attention to our clients, so we’ll always be here if you should need us. Please call us at 314-578-1465.

A Complete Guide: Drug Possession Charges & Drug Court

combschris1 · November 8, 2018 ·

The Complete Guide to Drug Court in Missouri & If It’s the Right Option for Your Drug Possession Charges

If you or a loved one is charged with drug possession in Missouri, you might be wondering if going to a drug court is the right option for you. You are not the only one who has that question. In fact, that’s one of the most common questions that our St.Louis drug possession lawyers at the Combs Law Group get asked. We would like to give you a straight answer to this question, but it doesn’t exist. The best option for drug possession charges depends on your particular circumstances, and if drug court is an option you need to think seriously about what it entails.

The state of Missouri treats drug crimes very seriously. A conviction for drug charges can result in imprisonment of up to seven years and fines of up to $5000. That’s why it is in your best interest to seek advice from a Missouri criminal defense attorney right from the very beginning of the proceedings against you. When we work on a drug possession case, we always employ defensive strategies aimed at dismissal or reduction of the charges. Sometimes, when it’s in our clients’ best interest, we will recommend drug court as an alternative to prison or jail. Let’s take a closer look at what drug court is all about and what it could mean for you if you decide to go that route.

What is Drug Court and Is It the Right Option for Your Drug Possession Charges?

A Drug Court is a voluntary treatment program for first-time, non-violent felony offenders who have substance abuse issues. Its goal, as defined by most legal jurisdiction in Missouri, is to provide the defendant with supportive community supervision and help them deal with the underlying problem, their drug addiction. Most importantly for you, it means you could avoid doing jail time for your drug problem.
When a first-time offender commits a crime in which drug abuse plays a significant role, they can be offered to join a drug court program. It is the most effective way to help them become a productive citizen and combat recidivism. In fact, the program is so effective that up to 95% of participants do not return to drugs and crime once they completed the program. The offender has to plead guilty before or after being admitted to the drug court program. If they complete the program successfully, they can withdraw the guilty plea and the charges against them will be dropped. If they don’t abide by the program’s requirements and break the rules, they will have to serve time in jail and pay a fine.
There are 130 drug court programs in Missouri, accommodating up to 7000 offenders annually. I most cases, your criminal defense lawyer will advise you to opt for one because that way you’ll avoid jail and fines and get a better and healthy life. Missouri drug courts are well known for their efficiency. On average, all of them have 61% graduation, but the St.Charles County Drug Court, in particular, is the most successful one, with 95% of the participants never committing a crime again. As experienced St.Charles criminal defense attorneys, we can confirm this to be true. Moreover, this program saves the State of Missouri around $10 million per year in incarceration costs.
If you want to be eligible for a Drug Court, you have to meet certain requirements. They differ from county to county, but for any of them you can expect to be required to meet the following criteria:

  • Be a first-time offender
  • Be a substance abuser
  • The substances you abuse played a significant role in committing the crime
  • The criminal offense has to be drug-related
  • The offense mustn’t be violent
  • You have to plead guilty before or after being admitted into the program

However, no two drug court programs are the same. Depending on where you live or where your charges are pending, you may need to meet additional requirements The following overview of a few of the drug court programs in Missouri will give you an idea about whether a drug court is the right option for you.

St.Louis County Drug Court

You will be admitted to the St.Louis County drug court program if you meet the following requirements:

  • Be a non-violent offender
  • Be at least 17 years old
  • Plead guilty for a felony
  • Waive your preliminary hearing
  • Commit to at least 15 months of treatment
  • Be a technical probation violator

If you don’t meet these requirements, you won’t be allowed into the program, and you may have to serve time in jail and be fined if convicted of felony drug possession. Just pleading guilty won’t secure you a spot there either. Before considering going to a drug court in Missouri, make sure that you talk with a St.Louis criminal defense attorney to advise you whether this program is the best you can get or if you can get into it at all.

The program costs $40 per month. It is tailored to the needs of the offender. The duration will depend on their individual progress, but never for less than 15 months. Upon entering the program, you’ll have to abide by certain rules, such as doing 40 hours of community service, attending scheduled treatments and appointments, participating in regular court supervision, as well a other requirements.

The St.Louis Drug Court program has four phases:

  • Assessment and intensive supervision phase (6-8 weeks on average)
  • Primary treatment phase (20-24 weeks on average)
  • Continued care (16-20 weeks on average)
  • Minimum supervision or commencement phase (16-20 weeks on average)

Once admitted into the drug court program, you have to ensure that you follow all the rules. If you don’t, your admittance will be revoked, and you’ll be fined and jailed. But, if you complete the program successfully, you’ll be allowed to revoke your plea of guilty and the charges against you will be dropped.

City of St. Louis Drug Court

The city of St.Louis has their own requirements for admission into drug courts. There are separate requirements for pre-plea and post-plea cases. If you plead guilty before being admitted in the program, the requirements are as follows:

  • You have to be charged with drug or alcohol charges, or your offense has to be motivated by drugs or alcohol
  • You have to be a non-violent offender and your crime mustn’t involve a significant drug dealing
  • The victim of the offense must agree that you can enter the program
  • You must not be on parole
  • You must not have more than three felony offenses in the past
  • You agree to participate in the program, pay compensation, if any, and pay the court fees
  • If you have pled guilty already, the criteria for admittance are as follows:
  • No violent history
  • You are a substance abuser
  • You have to be charged with drug or alcohol charges or your offense has to be motivated by drugs or alcohol
  • You have to be a non-violent offender and your crime should not involve a significant drug dealing
  • You agree to participate in the program, pay compensation, if any, and pay the court fees
  • You are not a graduate of a drug court program
  • The court fees associated with the program are $30 per month. It has three phases and lasts for a minimum of eleven months.

Franklin County Drug Court

Franklin County Drug Court is possible if you meet the following requirements:

  • You are dependent on drugs
  • You live in Franklin or Gasconade County and have viable transportation
  • You have a criminal charge pending in Franklin County
  • The criminal charge has to be drug-related or another non-violent felony in which substance abuse was a significant factor
  • Your present and past offenses, if any, mustn’t include significant drug distribution, manufacturing, sales, or trafficking, nor crimes related to violence, weapons, sex offenses, or felony assaults
  • You mustn’t have a physical or a mental condition that could prevent you from successfully completing the drug court program
  • You must abide by the program requirements
  • If you are on probation, you may be admitted into the program if, in addition to all the requirements mentioned above, you meet the following as well:
  • You have at least 24 months remaining for supervision on probation
  • You mustn’t have any revocation pending in another county
  • You don’t owe excessive restitution to the court
  • Offenders go through three phases of recovery, and if they complete them all successfully, they are allowed to withdraw their guilty plea. That results in charges against them being dropped. If you remain substance-free for 32 weeks, you’ll be good to go.
  • There are many rules that offenders have to respect during the program, including regular drug tests, court visitations, being respectful to the court, going for treatments, and others. Not respecting them may lead to being removed from the program and going to jail. Talk to your drug possession attorney to ensure that you abide by the rules all the time because the risk is too big.

It Looks Great, but Be Careful

Drug Court programs can be a great option for offenders who qualify, but before opting for one, you and your drug possession attorney have to take into account all the circumstances surrounding your life. Keep in mind that not abiding by the rules of the program will have you expelled and sent to jail. Think about any reasons that could prevent you from fulfilling your obligation of the drug court program. Just don’t take the benefits for granted. The truth is that drug courts across Missouri have different guidelines, but there’s one thing they all have in common. Drug courts are typically very difficult to complete successfully. In fact, some drug courts are designed to make the defendants fail. Why is this you might be wondering? Well, as society has started to recognize drug addiction as a disease that needs treatment, Prosecutors are now more inclined to use drug courts as an alternative to jail. However, they have merged punitive aspects into the drug court process. Meaning, they don’t want it to be an easy road for drug addicts who break the law. In fact, some drug courts have made their programs so unattractive to drug offenders that jail is sometimes the better option. So it depends on the specifics of the drug court in the county you’re charged in. They make it so difficult for the criminal defendants that in some cases it doesn’t make sense to choose the drug court option. You have to able to commit a serious amount of time, money, and patience. And when it comes to drug addicts, meeting those difficult guidelines can be almost impossible. But if you’re someone who is serious about getting and staying sober, and you’re willing to make a long-term commitment to not just drug court, but to your sobriety, then drug court might be a good option for you.

For help with determining whether the drug court programs are the best option for you, call us at the Combs Law Group for free consultations. We specialize in Missouri drug possession cases and we can help you fight your charges and create positive outcomes for your case. Call us today at 314-578-1465 and we can provide you with a free consultation.

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