Example #1: Bob gets into Dan’s car. Bob does not know that Dan previously placed a bag of marijuana underneath Bob’s seat. Bob is not guilty of the crime of possession even though he might be able to “control” the drugs because he had no knowledge of them.
Example #2: Jim goes over Ben’s house. Ben tells Jim that he has a pound of cocaine located in a safe in his bedroom. At this point Jim is not guilty of the crime of possession because even though he has “knowledge” of the drugs in the safe, he has no ability to control them.
The law in Missouri is that possession of a controlled substance is a felony unless the substance is thirty-five (35) grams or less of marijuana and then it is a misdemeanor.
Even though possession of marijuana can be a misdemeanor or a felony depending on the amount, it is still a serious drug charge with serious penalties that can have long term effects on your criminal record. If you or someone you know is charged with possession of a drug, criminal defense attorney Justin Summary can help. Contact the Law Firm of Allan & Summary today for a free case evaluation.