579.015. Possession or control of a controlled substance — penalty. — 1. A person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance, except as authorized by this chapter or chapter 195.
2. The offense of possession of any controlled substance except thirty-five grams or less of marijuana or any synthetic cannabinoid is a class D felony.
3. The offense of possession of more than ten grams but thirty-five grams or less of marijuana or any synthetic cannabinoid is a class A misdemeanor.
4. The offense of possession of not more than ten grams of marijuana or any synthetic cannabinoid is a class D misdemeanor. If the defendant has previously been found guilty of any offense of the laws related to controlled substances of this state, or of the United States, or any state, territory, or district, the offense is a class A misdemeanor. Prior findings of guilt shall be pleaded and proven in the same manner as required by section 558.021.
5. In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter or chapter 195, it shall not be necessary to include any exception, excuse, proviso, or exemption contained in this chapter or chapter 195, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
Notes of Decisions
Cited in
51
cases (
40 in the last 5 years), 2018–2025 · leading case:
State v. Gilmore, 537 S.W.3d 342 (Mo. 2018).
State v. Gilmore, 537 S.W.3d 342 (Mo. 2018).
· cites it 2× “202 was repealed and moved to § 579.015, RSMo 2016, which now comparably provides: "[A] person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance, except as authorized by this -chapter or chapter 195.”
State of Missouri v. Sylvester Onyejiaka, Jr., 671 S.W.3d 796 (Mo. 2023).
· cites it 22× “046; or 4 Crucially, Onyejiaka’s convictions do not result in a double jeopardy violation because sections 579.015 and 571.030 express the legislature’s intent to authorize multiple punishments in this specific situation.”
In the interest of: J.J.M., 713 S.W.3d 244 (Mo. Ct. App. 2025).
· cites it 18× “1 All statutory citations are to RSMo (2000). 2 The circuit court also found that Juvenile committed acts that, if committed by an adult, would have constituted one count of fourth-degree assault, Section 565.”
C.S. v. Missouri State High. Patrol Crim. Just. Info. Serv., 716 S.W.3d 264 (Mo. 2025).
· cites it 13× “pleaded guilty to two criminal charges in the Lafayette County circuit court: one count of the class D felony of possession of a controlled substance for possessing more than 35 grams of marijuana in violation of § 579.015 1 (Count I); and one count of the class E felony of…”
State of Missouri v. Gary Andrews, Jr., No. ED108691 (Mo. Ct. App. Feb. 23, 2021).
· cites it 11× “Specific Authorization for Cumulative Punishment Our first task in determining legislative intent is to examine §§ 579.015 and 571.030.1(3) for authorization of cumulative punishments.”
State of Missouri v. Craig Neil Salcedo, 695 S.W.3d 109 (Mo. Ct. App. 2024).
· cites it 10× “In his first point, he argues the trial court erred in denying his motion to dismiss, asserting that he was immune from prosecution under section 195.205 RSMo Supp. 2017 because the methamphetamine was discovered by law 1 All statutory references are to RSMo 2016 unless…”
C.S. v. Missouri State High. Patrol Crim. Just. Info. Serv., No. WD86693 (Mo. Ct. App. Dec. 24, 2024).
· cites it 10× “with two counts: Count I, unlawful possession of a controlled substance by possessing more than 35 grams of marijuana, a class D felony pursuant to Section 579.015;1 and Count II, unlawful use of a weapon by possessing a firearm while also in possession of more than 35 grams of…”
State of Missouri v. Paul E. Gill, 642 S.W.3d 356 (Mo. Ct. App. 2022).
· cites it 9× “205, commonly referred to as the Good Samaritan Law. That statute provides immunity from arrest or prosecution for certain enumerated offenses to anyone who, in good faith, seeks medical assistance for a person experiencing a drug overdose or other medical emergency.”
Jacob T. Shepard v. State of Missouri, 658 S.W.3d 70 (Mo. Ct. App. 2022).
· cites it 7× “” Movant pled guilty to possession of a controlled substance under Section 579.015, RSMo. 2016. The record reflects he was also on parole at the time.”
State of Missouri v. Travis J. Devore, 702 S.W.3d 528 (Mo. Ct. App. 2024).
· cites it 6× “Because heroin and fentanyl are both substances in Schedule I through V, they are both “controlled substances” under § 579.015. 3 Devore’s reading of the statute is not convincing; he reads § 579.”
State of Missouri v. Cole G. Fox, 658 S.W.3d 186 (Mo. Ct. App. 2022).
· cites it 6× “In his first point, he argues the charging document (information) failed to state a crime, in that the information did not allege that Fox possessed more than 35 grams of THC and, thus, the trial court lacked jurisdiction.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.