Greg Watt, Kansas City Drug Defense Attorney

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Kansas City Drug Defense Lawyer

By Kansas City Criminal Defense Attorney, Gregory Watt

Discover Expert Drug Defense Guidance with Gregory Watt: Simplifying Complex Drug Laws

On this page, Gregory Watt shares his deep understanding of drug laws. He breaks down complex subjects like drug types, penalties in Missouri, and ideas like "acting in concert" and "constructive possession". Gregory Watt knows a lot about drug trafficking charges and cases involving search and seizure by K-9 dogs. This makes him a strong ally in your defense.

Drug laws can be tricky to understand, but with Gregory Watt's help, you're in good hands. Don't hesitate to reach out to The Watt Law Firm at (913) 433-3849 or gwatt@kcmetrodefense.com. We're located at 700 Broadway Boulevard, Kansas City, MO 64105

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Uniform Controlled Substances Act

All states, including Missouri and Kansas, define controlled substances under versions of the Uniform Controlled Substances Act, which is modeled upon federal law. The statutes define controlled substances as drugs or their ingredients (“immediate precursors”), and sort them according to their potential for abuse and the extent to which they have accepted medical uses.

Who Had Possession of the Substance?

Schedule I (1) controlled substances

are those, which have a high potential for abuse, no accepted medical use in the United States, and a lack of accepted safety for use of the substance under medical supervision.  Heroin, Lysergic Acid Diethylamide (LSD), Marijuana (cannabis), 3,4-methylenedioxymethamphetamine (Ecstasy), Methaqualone, and Peyote.

Schedule II (2) controlled substances

have a high potential for abuse and may lead to severe psychological or physical dependence, but they also have accepted medical uses with severe restrictions. Opium, morphine, cocaine, and amphetamines are examples of schedule II controlled substances.

A frequent issue in drug offense prosecutions is whether the person charged had possession of the controlled substance.

Missouri Laws 579.015 - Any controlled substance except 35 grams or less of marijuana. Is a Felony Class D. Sentence of up to 7 years; 3-10 years for persistent offenders.

Persistent Offenders are defined as: Have been found guilty of 2 or more felonies committed at different times; maybe sentenced one felony class level higher.

In order to convict a person of a drug offense, the State must prove beyond a reasonable doubt that he or she knowingly manufactured, possessed, or distributed a controlled substance. Remember, the State can prove that the controlled substance is within that person’s control even if there are other people in the vicinity.

If controlled substances are found in a house or apartment where more than one person has access, the State may allege that more than one person had control of the substance.

In other words, the State may operate under an “acting in concert” theory. This simple conspiracy approach is one law enforcement mechanism used to address the possibility of collective culpability. The State may also address the case using a “constructive possession” approach which is yet another law enforcement mechanism used to broaden the scope of possession.

Either way, a reputable drug defense specialist attorney understands the limitations of each and how to maneuver accordingly.

Schedule III (3) controlled substances

have less potential for abuse, have accepted medical treatment uses, and may lead to moderate to low physical dependence or high psychological dependence. Some types of barbiturates and LSD are examples of schedule III controlled substances.

Schedule IV (4) controlled substances

are like schedule III controlled substances, but with more limited potential for abuse and dependence. The substances have an accepted medical use in the United States. Examples of schedule IV substances include diazepam (Valium) and phenobarbital. Schedule V substances are those with even lower potential for abuse.

Penalties

In Missouri, simple possession of most controlled substances is a class C felony, punishable by up to seven years in prison. The one exception is possession of less than 35 grams of marijuana, which is a class A misdemeanor, punishable up to 12 months in jail.

The manufacture and distribution of controlled substances in Missouri is generally a class B felony, punishable by five to fifteen years in prison. The manufacture or distribution of five grams or less of marijuana is a class C felony.

If high quantities of controlled substances are involved, a person can be prosecuted for “trafficking” even if there is no sale involved.

Trafficking in the first degree – manufacture or distribution

A person can commit trafficking drugs in the first degree by manufacturing or distributing certain quantities of heroin, cocaine, crack, LSD, PCP, marijuana, amphetamines, or methamphetamines.

The penalties for trafficking drugs in the first degree are very serious – class A felonies punishable by ten to thirty years or life in prison, or class A felonies with the same range of punishment, but without the possibility of probation or parole.

Controlled substanceClass B felonyClass A felony
Heroin30-90 grams90 grams or more
Cocaine (or cocaine mixture)150-450 grams450 grams or more
Crack Cocaine8-24 grams24 grams or more
LSD500 milligrams – 1 gram1 gram or more
Mixture including PCP30-90 grams90 grams or more
PCP4-12 grams12 grams or more
Marijuana30 kilograms – 100 kilograms100 kilograms or more
Methamphetamine30-90 grams90 grams or more, or 30 grams or more if located within 2000ft of school
MDMA30-90 grams90 grams or more, or 30 grams or more if located within 2000ft of school

Trafficking in the second degree – manufacture or distribution

Just possessing these same quantities of drugs can trigger a prosecution for trafficking in the second degree.

Controlled substanceClass C felonyClass B felonyClass A felony – no probation or parole
Heroin30-90 grams90 grams or more
Cocaine (or cocaine mixture)150-450 grams450 grams or more
Crack Cocaine8-24 grams24 grams or more
LSD500 milligrams – 1 gram1 gram or more
Mixture including PCP30-90 grams90 grams or more
PCP4-12 grams12 grams or more
Marijuana30 kilograms – 100 kilograms100 kilograms or more
Methamphetamine30-90 grams90-450 grams450 grams or more
MDMA30-90 grams90-450 grams450 grams or more

In Kansas sentencing is controlled by a grid that takes into account criminal history, the severity level of the crime committed, and aggravating/mitigating circumstances. There are separate sentencing grids for non-drug and drug felonies. The sentencing grid is set forth by the Kansas Sentencing Commission and because of its structural rigidity, fourth amendment litigation is oftentimes a necessary component of Kansas drug defense.

Penalties increase in both Missouri and Kansas for distribution of controlled substances near schools; in Missouri, penalties are also increased for distribution near parks and public housing. In Both Missouri and Kansas, a person’s prior convictions affect the severity of the potential sentence. In Missouri, prior felonies can result in classification as a “persistent offender” or a “persistent drug offender,” which can increase the offense level or affect probation or parole eligibility.

In summation always take a drug charge seriously; as you can see from the brief introduction to this area of law, there are far too many variables for this to be an afterthought. Call Gregory Watt, Kansas City’s drug defense specialist.

This article about drug offenses is provided by Kansas City drug defense lawyer Gregory Watt.

K-9 Drug Detection: Our New Comfort Zone

In the realm of K-9 drug detection cases, The Watt Law Firm leads the Kansas City metro area with a high success rate, driven by a hands-on approach and an unparalleled dedication to training. The firm's strategy involves mastering K-9 procedures, collaborating with reliable experts, and facing every challenge head-on.

Beyond the law degree, The Watt Law Firm pushes the boundary by acquiring specialized skills necessary for defending cases where a K-9 and handler have searched and seized contraband. This journey involved purchasing and training Cocoa, a Czech German Shepherd, and delving into the intricate operations of K-9 contraband detection. With unmatched proficiency in drug defense, The Watt Law Firm stands as the authority in Kansas City for cases involving K-9 searches.

Check out our K-9 Drug Detection page to learn more.

Greg Watt Kansas City Criminal Defense Attorney

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