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Drugs In Vehicles in St. Louis, MO: Know The Facts
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Missouri law, specifically MO Revised Statute 195.010 (38), defines "possession" in two ways. "Actual possession" is when "a person, with the knowledge of the presence and nature of a substance, has the substance on his or her person or within easy reach and convenient control". "Constructive possession", however, is when someone "has the power and intention at a given time to exercise dominion or control over the substance, either directly or through another person or persons". This means that if, for instance, if you had driven a friend back to his house in Kirkwood after going out to a bar and he had accidentally left a controlled substance in the back seat of your car, if you are pulled over and those drugs are discovered you would be considered to be in possession of those drugs.
The penalties for drug possession in Missouri are harsh: according to MO RS 579.015, simple possession of a controlled substance (with one key exception) is a class D felony. Not only does this carry a penalty of up to seven years in state prison and a $10,000 fine, it also means that one will have to disclose their conviction status to future employers, be prohibited from owning a firearm or applying for certain jobs, and in general will experienced drastically reduced opportunities to live the life they want to. The only exception to this rule is marijuana: those caught with between 10 and 35 grams in their possession face a class A misdemeanor (maximum 1 year in jail and a $2,000 fine), while those with 10 grams or less of cannabis will be charged with a class D misdemeanor which carries a maximum penalty of a $500 fine.
Many of the drug possession in vehicles cases our St. Louis attorneys see are constructive possession cases, and they are often much more complex than cases where drugs were found in someone's pocket. Between the legality of your search, proving that you had the ability to "exercise control", and whether or not you were even aware that the drugs were in your vehicle, your case may not be as clear-cut as you may fear--which is why hiring a top St. Louis drug possession lawyer is critical.
