Promoting the Sale of Paraphernalia or Imitation Controlled Substances
June 9, 2021
It is unlawful behavior to advertise drug paraphernalia or imitation controlled substances knowing for sale, or in situations where one should reasonably know, that the purpose of the advertisement is to promote the sale of these objects. Many "Head shops" get around this law by simply promoting these devices as water pipes and/or tobacco pipes, etc. They insist on not permitting any sale to those who would make it known that they would use their purchase as drug paraphernalia.
THE PENALTIES FOR PROMOTING THE SALE OF DRUG PARAPHERNALIA OR IMITATION CONTROLLED SUBSTANCES IN MISSOURI ARE:
A class B misdemeanor criminal record.
A jail sentence of up to 6 months.
A fine of up to $1,000.
A combination of both a jail sentence and a fine.
Probation for not less than 6 months and up to 2 years, either Supervised or Unsupervised.
Costs for probation.
Court Costs.
Random Drug Testing and the Costs.
Community Service.
Loss of Lease for a business, and other possible consequences.
Business owners who sell devices under the general term of "tobacco pipes" may find themselves out of a lease if caught violating a drug-related law such as this. Additionally, insurance providers may use a conviction of the store owner under this statute as justification for either raising their rates or canceling the coverage altogether.
Whether you are a business owner or not, the last thing you need is a drug-related conviction on your record. You need an attorney who not only has experience representing the criminally accused in courts throughout Missouri but also has represented the interests of various businesses, like Anthony Bretz. Contact him today so he can prevent this mistake from costing you your clean record or business.