Fulton · Callaway County
Drug Crime Lawyer in Fulton & Callaway County
Most Callaway County drug cases turn on a question that has nothing to do with the drugs: whether the search that found them was lawful. We defend drug charges in Fulton and across Callaway County, in state court and in federal court, from our office just down the road in Jefferson City.
The heart of most drug cases
How do you get a drug case dismissed in Callaway County?
The Fourth Amendment protects you from unreasonable searches. If police found the evidence through an unlawful stop, an unlawful search of a car or home, or a defective warrant, that evidence may be suppressed, and a drug case can fall apart without it.
- The stop. Did the officer have a lawful reason to stop you, and did the stop last longer than it should have while waiting for a dog?
- Consent. Was a search truly voluntary, or was consent assumed or pressured? Consent to look in one place is not consent to search everything.
- Shared spaces. Shared homes and borrowed or shared vehicles raise hard questions about who could consent to a search and whose drugs they were.
- The warrant. Was it supported by real probable cause, and did the search stay within its limits?
- The lab. Was the substance properly identified and weighed, and is the chain of custody intact? Weight can decide whether a case is possession or trafficking.
Where your case is heard
Where will my Callaway County drug case be heard?
Callaway County Justice Center
State drug charges in Callaway County are heard in the 13th Judicial Circuit at the Callaway County Justice Center, 5 East 2nd Street in Fulton.
Federal court in Jefferson City
Callaway County is part of the Central Division of the U.S. District Court for the Western District of Missouri, which sits in Jefferson City. A Callaway County case that draws federal charges is heard there, a few blocks from our office.
Drug cases are among the most likely to move from state to federal court. If your case has federal exposure, see our federal criminal defense page. For how federal drug sentences work, see federal drug conspiracy and mandatory minimums.
The range of charges
What are the penalties for drug charges in Missouri?
The charge depends on the substance, the amount, and what the State says you meant to do with it.
Possession
Possession of a controlled substance is a class D felony, up to 7 years. Marijuana is different: more than 10 grams up to 35 grams is a class A misdemeanor, and 10 grams or less is a class D misdemeanor, when state marijuana law does not apply.
Delivery and intent to distribute
Delivery, or possession with intent to deliver, is generally a class C felony, 3 to 10 years. Delivering near a school, school bus, public park, or public housing is a class A felony.
Trafficking
Trafficking is based on weight. For fentanyl, the threshold is tiny: more than 3 milligrams of a mixture containing it can support a trafficking charge, and 14 milligrams or more raises the class.
Manufacturing
Manufacturing or growing a controlled substance is generally a class C felony, and a class B felony within 2,000 feet of a school, college, or university.
Marijuana in 2026
Is marijuana legal in Callaway County?
For adults 21 and older, possessing up to three ounces is legal under Article XIV of the Missouri Constitution. But the protection has limits, and many marijuana cases in a college town fall outside it.
Over the limit
Possessing more than three ounces but not more than six is a civil infraction with a fine for a first or second violation. Beyond that, and for any sale outside the licensed system, criminal law still applies.
Under 21
A person under 21 who possesses marijuana faces a civil penalty of up to $250, with the option of drug education or counseling instead of the fine.
Driving
Legal possession is not permission to drive impaired. Driving under the influence of marijuana is charged as DWI.
Federal law
Marijuana remains illegal under federal law, which matters for federal property, some jobs and licenses, and firearm purchases.
Alternatives
Does Callaway County have a drug court?
Yes. The 13th Judicial Circuit, which covers Callaway and Boone Counties, runs an adult drug court: a voluntary program of court supervision, drug testing, and treatment, generally for residents of Boone or Callaway County who have a treatment need. For the right person, it can be an alternative to incarceration.
Whether a treatment court fits your case is a decision to make with a lawyer after the evidence has been reviewed, not in place of reviewing it.
On the highway
What if I was stopped on Interstate 70?
Interstate 70 runs through Callaway County, and highway traffic stops raise their own search questions. A driver stopped there may live in another state, which adds the practical problem of defending a Missouri case from a distance.
- The reason for the stop. A minor traffic violation can justify a stop, but only if there was a real basis to believe it happened.
- How long it lasted. Police cannot extend a traffic stop beyond its purpose to wait for a drug dog without separate reasonable suspicion.
- Consent. Whether a driver truly agreed to a search, and how far that agreement reached, is often contested.
- The vehicle. Rental cars and borrowed vehicles raise questions about who knew what was inside.
Answers
Fulton drug charge questions we hear
Where will my Fulton drug case be heard?
State charges are heard in the 13th Judicial Circuit at the Callaway County Justice Center, 5 East 2nd Street in Fulton. Federal charges from Callaway County are heard in the Central Division of the Western District of Missouri in Jefferson City.
What is the penalty for possession of a controlled substance in Missouri?
Possession of a controlled substance is a class D felony, punishable by up to 7 years. Marijuana amounts not protected by Article XIV are lower-level offenses: more than 10 up to 35 grams is a class A misdemeanor, and 10 grams or less is a class D misdemeanor.
How much fentanyl is trafficking in Missouri?
More than 3 milligrams of a mixture or substance containing a detectable amount of fentanyl can support a trafficking charge, and 14 milligrams or more raises the offense class. Any amount of carfentanil can support a trafficking charge.
Can a drug possession conviction be expunged in Missouri?
Often. Missouri allows expungement of many drug convictions, and a 2026 law requires automatic expungement of qualifying possession and paraphernalia convictions once the waiting period passes, beginning no later than January 1, 2027. See our Missouri expungement page.
I live out of state. Do I have to come back for every court date?
Not always. Some appearances can be handled by your lawyer, and some require you to be there. We work out early which is which, so an out-of-state client is not making unnecessary trips.
Before you say anything to police, read three things people say that prove a drug case for the State. Already out on bond? Read how people end up back in jail on a Missouri drug charge. Charged with possession? See what a Missouri drug possession charge carries. Facing a larger amount? See Missouri drug trafficking charges.
Facing a different charge in Callaway County? See our Fulton criminal defense, Fulton DWI, or Fulton assault pages. For Missouri drug law generally, see drug crime defense.
Talk to us
The search is the case. Let us look at it.
If you are facing a drug charge in Fulton or anywhere in Callaway County, or you are under investigation and no charge has been filed yet, reach out.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. The information on this page is general and is not legal advice. It reflects Missouri law as of September 2026. Contacting Vindex Law, PC does not create an attorney-client relationship.
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