missouri drug offenses

MISSOURIDRUG OFFENSES

Deputy Landon Rogers Clay County Sheriff’s Office

POSSESSIOIN

Actual-Having drugs on his-her person or within easy reach

Constructive-Ability to exercise control over the drug either directly or through another person.

Not illegal to be “high” or “drunk” unless…….

Minor in Possession by Consumption

Alcohol only. Missouri's Minor in Possession (MIP)

"possession by consumption" law became effective in 2005 and expanded the old MIP law's definition of "possession" to include "possession by consumption" and being "visibly intoxicated."

96-Hour Commitment

Police may take persons to alcohol or drug treatment facility for up to 96 hours based on officer reasonably believing the person is an imminent threat to his/herself or others.

Can’t go beyond 95 hours without a court order.

12-Hour Detox

Law Enforcement may take a person into custody who is or appears to be intoxicated if the officer reasonably believes the person is an imminent danger to themself or others for a period of 12 hours.

Public Intoxication-None in Missouri.

Prescription Medication

Are controlled substances! Fraudulently Attempting to Obtain (class C felony) Stealing doctor’s prescription pads. Calling in false prescriptions to pharmacy. Giving false info to a pharmacist. 7 years in pen and/or up to a $5000 fine. Making, possessing, selling, giving away, etc.

other people’s prescription meds is the same as doing the same with cocaine or heroin.

Penalties vary. Containers-Schedule 2 (opium derivatives) must

be kept in container which obtained.

Distribution Near Schools

Class A Felony (Minimum of 10 years or up to life)

Within 2000 feet of school property. All schools including private and colleges. On school bus.

MINORS Class B felony (5-15 years in pen) Selling, buying, allowing to transport Person under 17 years of age.

This pertains to a person who is at least 2 years older than the minor. This is an additional charge.

Drug Paraphernalia

Class A misdemeanor or Class D Felony Felony if possession or use with intent to

manufacture (i.e. scale, meth lab)

Marijuana

Marijuana

Possession of marijuana except LESS than 35 grams is a felony just like other controlled substances.

Selling marijuana at school is still a class A felony, just like cocaine and other drugs.

Is not legal with prescription in Missouri (this includes other states prescriptions).

Synthetics

Synthetic and Designer Drugs

K2, K3, Bath Salts, Spice Same as possession of schedule 1

narcotics (high potential for abuse, no accepted medical use).

Class A felony to sell at school. Inconsistencies in ingredients No FDA oversight. Not incense! http://www.kansascity.com/2013/10/08/45

40377/charges-filed-in-northland-teens.html

Thank you!