It is illegal to possess or have under your control any controlled substance. Possession of any controlled substance or more than 35 grams of Marijuana is a Class C Felony. Possession of 35 grams or less of Marijuana is a Class A misdemeanor.
Drug Possession is the most frequently litigated issue in drug related cases. Possession may be proven by circumstantial evidence, however, the State must prove that the defendant consciously and intentionally possessed the substance.
A person “possesses” a controlled substance if they have knowledge of the presence and nature of the drug, has actual or constructive possession of the drug. The State must prove that the defendant knew of the drugs “nature,” i.e., that the substance was a drug of some sort, and not just baking powder.
Actual possession means on your person or within reach and control. Someone who has the ability and the intent to exercise ownership or control over the drug either directly or through others, is in constructive possession of the substance. Possession may be sole (one person) or joint (two or more persons sharing
possession of the drug).
Trace amounts of drugs may not be possession. Some Missouri cases have held that the State must establish that the illegal substance was present in an amount detectable by ordinary observation in order to sustain a conviction of possession.
Another set of Missouri Drug cases insists that, because there is no statutory threshold amount required, the State may support a conviction by evidence of the presence of trace or residue amounts of a substance coupled with evidence of other circumstances (usually admissions of the defendant) indicating knowing