If you have been charged with possession of a controlled substance, distribution of a controlled substance, delivery of a controlled substance, possession with intent to deliver a controlled substance, or manufacturing a controlled substance, it is important to find representation to defend you of the charges. An experienced criminal defense attorney with a track record of success in challenging these cases will prove invaluable in protecting your criminal record, your constitutional rights, and your freedom. There are also many collateral consequences to controlled substance charges that can be mitigated or avoided in many circumstances. At Faber Law Firm, attorney Ben Faber aggressively defends drug cases with tenacity, experience, and creative litigation strategies. Attorney Ben Faber also approaches drug cases with compassion for his clients, and can leverage a client’s background, treatment, and subsequent conduct into a favorable result or plea bargain. Whether you’re picked up with a joint in your pocket or a trunk full or contraband, Ben Faber and Faber Law Firm have you covered.
Controlled Substance Offenses
§579.015. Possession or control of a controlled substance
Under 579.015, a person commits the offense of possession of a controlled substance if the knowingly posses a controlled substance
Possession of 10 grams or less of marijuana or a synthetic cannabinoid is a class D misdemeanor, punishable only by a fine, unless the person has a prior finding of guilt for a controlled substance offense (including a Suspended Imposition of Sentence), in which case the offense is a Class A misdemeanor.
Possession of more than 10 grams but 35 grams or less of marijuana or a synthetic cannabinoid is a class A misdemeanor.
Possession of any controlled substance except 35 grams or less of marijuana or a synthetic cannabinoid is a class D felony.
In other words, possession of any amount of a controlled substance that is not marijuana or a synthetic cannabinoid, or the possession of more than 35 grams of marijuana or a synthetic cannabinoid, is a class D felony under this subsection.
§579.020. Delivery of a controlled substance
Under 579.020, a person commits the offense of delivery of a controlled substance if he or she:
Knowingly distributes or delivers a controlled substance;
Attempts to distribute a controlled substance;
Knowingly possesses a controlled substance with the intent to distribute any amount of it;
Knowingly permits a minor to purchase or transport illegally obtained controlled substances.
Delivery of 35 grams or less of marijuana or synthetic cannabinoid is a Class E felony
Delivery of more than 35 grams of marijuana or any other controlled substance is a class C felony.
Delivery of 35 grams or less of marijuana to a person less than 17 years old who is at least 2 years younger than the defendant is a class C felony.
Delivery of more than 35 grams of marijuana or any other controlled substance to a person less than 17 years old who is at least 2 years younger than the defendant is a class B felony.
Knowingly permitting a minor to purchase or transport illegally obtained controlled substances is a class B felony.
§579.074. Unlawful possession of drug paraphernalia
A person commits the offense of unlawful possession of drug paraphernalia if he or she:
knowingly uses OR possesses with intent to use drug paraphernalia to: plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inject, inhale, or otherwise introduce into the human body, a controlled substance or imitation controlled substance.
The offense of unlawful possession of drug paraphernalia is a class D misdemeanor.
If the defendant has a prior finding of guilt (including a suspended imposition of sentence), the offense of unlawful possession of drug paraphernalia is a class A misdemeanor.
Common items that are charged as unlawful possession of drug paraphernalia are:
Pipes
Grinders
Scales
Baggies
Bongs
Needles
Other Controlled Substance Offenses - §579
Collateral Consequences of a Drug Conviction
Student Loans
Students facing criminal drug charges are at risk of loosing eligibility for receiving federal student aid. This is especially true if a student was convicted of a drug offense while they were already receiving federal student aid. Be sure to read about your states' laws, federal loan requirements and potential consequences, and always have proper representation if you're facing charges.
Abuse & Lose
A finding of guilt for a controlled substance offense can result in the suspension or the revocation of your driver’s license. Ben Faber and Faber Law Firm can help you avoid an Abuse & Lose action. For more information, click here.
criminal record
A conviction or finding of guilt for a controlled substance offense can have serious implications on your criminal record, resulting in problems finding employment, renting or leasing property, admission to universities and graduate programs, or the obtaining of a professional license. An experienced criminal defense attorney can help you to improve your chances of avoiding this kind of collateral consequence after being charged with a controlled substance offense.
professional licenses
Even being arrested for a controlled substance offense can result in adverse action on a currently held or prospective professional license. The Missouri State Board of Healing Arts, Board of Legal Examiners, Missouri Bar Association, Board of Nursing, and many other state-regulated professions have reporting requirements and can take action to discipline your professional license. Criminal Defense Attorney Ben Faber has experience advising clients who have been subject to censure before a professional registration board, and can help defend your freedom to practice in your chosen profession.