Quote:
Originally Posted by rabblerouser
It's not like that in Boone County.
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What's the rap in Boone Co. for well over an oz.? It was recently updated to.
MO State law as of Jan 1, 2017
The possession of paraphernalia is a misdemeanor which is punishable by a fine of $500 for a first offense. A second offense is punishable a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.
Possession of up to ten grams for first-time offenders is Class D misdemeanor, punishable by a maximum fine of $500, but no jail time.
Possession of over 10 grams but less than 35 grams is a Class A misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. Second-time marijuana possession offenses are also classified as a Class A misdemeanor offense, even if the quantity possessed is under 10 grams.
Possession of 35 grams- 30 kilograms* is a Class D felony which is punishable by up to 7 years imprisonment and a maximum fine of $10,000.
*Depending on facts, possession of more than 35g, but less than 30kg, has often, historically, been charged as intent to distribute. Same as Distribution penalties below.
Municipal court, Columbia, MO**It was recently updated to.
Sec. 16-253. – Possession of thirty-five grams or less of marijuana, or five grams or less of hashish.
It shall be unlawful for any person to possess thirty-five (35) grams or less of marijuana or cannibis in any species or form thereof, including but not limited to cannibis sativa L., or five (5) grams or less of hashish. Any person found guilty of violating the provisions of this section shall be deemed guilty of a Class A misdemeanor.
(b) When any law enforcement officer suspects any adult as defined by state criminal statutes, other than those excluded herein, of possession of a misdemeanor amount of marijuana and/or possession of marijuana paraphernalia, that person shall not be required to post bond, suffer arrest, be taken into custody for any purpose nor detained for any reason other than the issuance of a summons, suffer incarceration, suffer loss of driver’s license, or any other punishment or penalty other than the issuance of a summons and, if found guilty, a fine of up to two hundred fifty dollars ($250.00). There shall be a strong presumption that the proper disposition of any such case is to suspend the imposition of sentence and/or require community service work and/or drug counseling and education. All such matters shall only be referred to the municipal prosecuting attorney, and no other prosecuting attorney, and the municipal prosecuting attorney shall not refer the matter to any other prosecutor, agency, or office, unless provisions of subsection (c) are applicable.
(c) Subsection (b) shall not apply to persons:
(1) Who have been found guilty of a felony within the preceding ten (10) years; or
(2) Who have been found guilty in a state court of a Class A misdemeanor, other than misdemeanor marijuana possession or misdemeanor possession of marijuana paraphernalia, within the preceding five (5) years; or
(3) Who have been found guilty in a state or municipal court of misdemeanor marijuana possession on two or more prior occasions within the preceding five (5) years; or
(4) Who are arrested on suspicion of any felony or misdemeanor offense chargeable only under state law, arising from the same set of facts and circumstances as the alleged marijuana offense.
(d) The provisions of this section are severable. If any provision of this section is declared invalid, that invalidity shall not affect other provisions of the section which can be given effect without the invalid provision.
(e) Any city ordinance or regulation that is inconsistent with this section shall be null and void and is hereby repealed effective immediately.
(f) The message of this section is that people should not use marijuana, but should also not lose opportunities for education and employment because of such use. The limited resources of law enforcement should be directed primarily toward crimes of violence or property loss. The enforcement of laws against marijuana shall be among the lower priorities of law enforcement.