A Detailed Look into the Laws of the Show Me State
The U.S. Constitution prohibits the government from interfering withyour right to remain silent, to consult with an attorney, and to be free fromunreasonable searches and seizures by law enforcement. However, it is up to youto assert these rights. This NORML Foundation Freedom Card will help you do so effectively.
If you are confronted by a police officer, remain calm. Be courteous andprovide your identification. Politely refuse to answer any further questions.Ask to talk to an attorney. Do not consent to any search of your person, yourproperty, your residence or your vehicle. Tell the officer you would like togive him or her this card, which is a statement of the constitutional rights you wish to invoke. Do not reach for this card until you have obtained theofficer’s permission to do so.
If the officer fails to honor your rights, remain calm and polite, ask for theofficer’s identifying information and ask him or her to note your objection inthe report. Do not attempt to physically resist an unlawful arrest, search orseizure. If necessary, you may point out the violations to a judge at a later time.
The U.S. Constitution prohibits the government from interfering withyour right to remain silent, to consult with an attorney, and to be free fromunreasonable searches and seizures by law enforcement. However, it is up to youto assert these rights. This NORML Foundation Freedom Card will help you do so effectively.
If you are confronted by a police officer, remain calm. Be courteous andprovide your identification. Politely refuse to answer any further questions.Ask to talk to an attorney. Do not consent to any search of your person, yourproperty, your residence or your vehicle. Tell the officer you would like togive him or her this card, which is a statement of the constitutional rights you wish to invoke. Do not reach for this card until you have obtained theofficer’s permission to do so.
If the officer fails to honor your rights, remain calm and polite, ask for theofficer’s identifying information and ask him or her to note your objection inthe report. Do not attempt to physically resist an unlawful arrest, search orseizure. If necessary, you may point out the violations to a judge at a later time.
| Incarceration | Fine | ||
| Possession or Trafficking | |||
| 35 g or less | misdemeanor | 1 year | $1,000 |
| 35 g to 30 kg | felony | 7 years | $5,000 |
| 30 to 100 kg (trafficking) | felony | 5 – 15 years | $5,000 – $20,000 |
| 100 kg or more (trafficking) | felony | 10 years – life | $5,000 – $20,000 |
| Sale or Cultivation | |||
| 5 g or less | felony | 7 years | $5,000 |
| 5 g to 30 kg | felony | 5 – 15 years | $5,000 – $20,000 |
| 30 to 100 kg | felony | 10 years – life | $5,000 – $20,000 |
| 100 kg or more | felony | 10 years – life* | $5,000 – $20,000 |
| Sale to a minor | felony | 5 – 15 years additional | $5,000 – $20,000 |
| Sale within 2,000 feet of school or 1,000 feet of public housing |
felony | 10 years – life | $5,000 – $20,000 |
| *No probation or parole. | |||
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc…) |
|||
| Paraphernalia possession | misdemeanor | 1 year | $1,000 |
| Paraphernalia sale | felony | 5 years | $5,000 |
Possession of 35 grams or less of marijuana is a misdemeanor, punishable by up to one year in jail and a fine up to $1,000. Possession of greater than 35 grams is a felony and is punishable byup to seven years in prison and a fine of up to $5,000. Possession of greater than 30 kilograms is considered trafficking and the penalty is 5 – 15 years in prison. Possession of 100 kilograms or more carries a penalty of 10 years -life in prison.
Sale or manufacture of 5 grams or less of marijuana is a felony, punishable by up to seven years in prison and a fine of up to $5,000. Sale of greater than 5 grams carries a penalty of 5 – 15 years in prison. Sale of greater than 30 kilograms is punishable by 10 years – life in prison and sale
of 100 kilograms or more is punishable by 10 years – life in prison with no probation or parole.
Any sale to a minor increases the penalties by 5 – 15 years in prison. Any sale within 2,000 feet of a school or within 1,000 feet of a public housing project increases the penalties to 10 years – life in prison.
The possession of paraphernalia is amisdemeanor, punishable by up to one year in jail and a fine of up to $1,000. The sale of paraphernalia is punishable by up to 5 years in prison and a fine of up to $5,000.
Senate Bills 5 and 21 altered the state’s forfeiture laws. Most notably, they require that law enforcement report all seizures to the prosecuting attorney or the Attorney General, who must then make an annual report of the activity to the department of Public Safety and the State Auditor. In addition, no property maybe transferred to a federal agency without judicial approval, and any agency making a seizure must file an annual audit with the state auditor’s office. Failure to comply, is punishable by a fine of up to $1,000.
Help us change these laws across the state through a ballot initiative!
