579.074. Unlawful possession of drug paraphernalia — penalty. — 1. A person commits the offense of unlawful possession of drug paraphernalia if he or she knowingly uses, or possesses with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, a controlled substance or an imitation controlled substance in violation of this chapter or chapter 195.
2. The offense of unlawful possession of drug paraphernalia is a class D misdemeanor, unless the person has previously been found guilty of any offense of the laws of this state related to controlled substances or of the laws of another jurisdiction related to controlled substances, in which case the violation of this section is a class A misdemeanor. Prior findings of guilt shall be pleaded and proven in the same manner as required by section 558.021.
3. The offense of unlawful possession of drug paraphernalia is a class E felony if the person uses, or possesses with intent to use, the paraphernalia in combination with each other to manufacture, compound, produce, prepare, test, or analyze amphetamine or methamphetamine or any of their analogues.
Notes of Decisions
Cited in
17
cases (
11 in the last 5 years), 2017–2025 · leading case:
State v. Shanklin, 534 S.W.3d 240 (Mo. 2017).
State v. Shanklin, 534 S.W.3d 240 (Mo. 2017).
“233 was transferred to § 579.074. . Section 195.017.2(4)(w) and (ee), respectively, classified marijuana and "[tjetrahydro-cannabinols naturally contained in a plant of the genus Cannabis (cannabis plant)” as Schedule I controlled substances.”
State of Missouri v. Gena Keel, 565 S.W.3d 755 (Mo. Ct. App. 2019).
· cites it 2× “(2000) was transferred in 2014 to section 579.074, which did not take effect until January 1, 2017, or after Ms.”
State v. Livingston, 547 S.W.3d 606 (Mo. Ct. App. 2018).
· cites it 2× “Effective January 1, 2017, this Section has been transferred to Section 579.074.”
In the interest of: J.J.M., 713 S.W.3d 244 (Mo. Ct. App. 2025).
· cites it 6× “2 Juvenile raises four points on appeal, challenging the sufficiency of the evidence for each of these findings. 3 We affirm. 1 All statutory citations are to RSMo (2000).”
State of Missouri v. Melissa Ann Glaze, 611 S.W.3d 789 (Mo. Ct. App. 2020).
· cites it 4× “1 All statutory references are to RSMo 2016 as amended through August 10, 2017, unless otherwise indicated.”
State of Missouri v. Chad Thomas, 699 S.W.3d 442 (Mo. 2024).
· cites it 4× “He contends the evidence was the result of an unlawful search because the officer extended the traffic stop without reasonable suspicion to do so.”
State of Missouri v. Joseph E. Vaughn, 648 S.W.3d 117 (Mo. Ct. App. 2021).
· cites it 3× “015 and one count of the class D misdemeanor of unlawful possession of drug paraphernalia under § 579.074. 2 Defendant filed a motion to dismiss with prejudice, arguing that § 195.”
State of Missouri v. William W. Welch, Jr., 603 S.W.3d 745 (Mo. Ct. App. 2020).
· cites it 2× “015, and the unlawful possession of drug paraphernalia, a class D misdemeanor, see section 579.074. 1 In two points on appeal, Defendant argues that the jury could not reasonably infer, first, that he knew about the controlled substance and, second, that he knew about the drug…”
State of Missouri v. Kenneth L. Wykert, 639 S.W.3d 547 (Mo. Ct. App. 2022).
· cites it 2× “Following a bench trial, the Circuit Court of Clinton County ("trial court") found Wykert guilty on both counts and sentenced him as a persistent offender to ten years' imprisonment on the felony offense and to a fine on the misdemeanor offense. Prior to trial, Wykert filed a…”
State of Missouri v. Paul W. Bodenhamer, 689 S.W.3d 485 (Mo. 2024).
· cites it 2× “015, unlawful possession of drug paraphernalia under section 579.074, driving while intoxicated under section 577.”
State of Missouri v. Cortez Cave, 698 S.W.3d 499 (Mo. Ct. App. 2024).
· cites it 2× “0682 (Count I); and the class A misdemeanor of possession of drug paraphernalia with intent to use, a violation of section 579.074 (Count II). The evidence adduced at trial, viewed in the light most favorable to the verdict, was as follows: At approximately 3:30 p.”
State of Missouri v. Terry Joe Berwaldt, 652 S.W.3d 793 (Mo. Ct. App. 2022).
· cites it 2× “0151 (Class D felony), and one count of unlawful possession of drug paraphernalia (syringe), section 579.074 (Class A Misdemeanor), after having been found to be a prior offender.”
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