The serious consequences of marijuana possession in Kansas
Despite the perception that marijuana possession is not a serious crime, a conviction will result in serious penalties. Many states have legalized the recreational use of this drug, but the drug is still a controlled substance in Kansas. In July 2016, state lawmakers passed a measure that slightly reduced the penalties associated with possession, but, if you are facing charges for marijuana, you still need an experienced defense attorney.
Is medical marijuana legal?
In a growing number of states across the country, the use of marijuana in various forms for the treatment and management of certain medical conditions is legal. At this time, Kansas is not included in that number. Regardless of the reason why a person possesses or uses this drug, it could result in serious legal repercussions.
Consequences for possession, distribution and possession
If you are currently facing criminal charges associated with the possession, cultivation or distribution of marijuana, it is important to fully understand all potential consequences. Penalties for a conviction are as follows:
- Possession: A first-time possession charge is a misdemeanor and comes with penalties that may include fines up to $2,500 and up to one year in jail. A second or subsequent possession charge is a felony, bringing penalties that include 26 months in prison and expensive fines that could reach $100,000.
- Possession with intent to distribute: It is a felony crime to possess any amount of marijuana with the intent to sell. The severity of penalties depends on the amount of marijuana involved and can include 10 months to 17 years in jail and fines up to $500,000.
- Cultivation: The penalties for growing marijuana depend on the number of plants found and the defendant’s criminal record. If convicted, a person could face a sentence that includes many years behind bars.
These are serious penalties, and whether it is your first possession charge or you have previous convictions on your criminal record, you need to know how to effectively confront marijuana charges.
The elements of a strong defense
From challenging the evidence against you to questioning the circumstances of your arrest, you have the right to seek the most beneficial outcome to your situation. If there was a violation of your personal rights, a problem with the search or seizure process, or other issues with the prosecution’s case, you may be able to secure a reduction or dismissal of the charges against you.
The elements of your defense will depend on the details of your case, including the type of marijuana-related charges and your criminal record. A strong defense begins with a complete evaluation by an experienced defense attorney.
Despite the perception that marijuana possession is not a serious crime, a conviction will result in serious penalties. Many … Drug Crimes
Kansas Marijuana Laws
Created byВ FindLaw’s team of legal writers and editors | Last updated March 22, 2018
While states across the nation, starting with Colorado and Washington, have decided to legalize recreational marijuana, Kansas still considers marijuana to be a controlled substance that shouldnвЂ™t be used recreationally by its residents. In fact, Kansas doesnвЂ™t even have legalized medical marijuana, although about half the states do allow cannabis for medical purposes. In 2014, a compassionate cannabis bill died in a Kansas senate committee, but future reform is possible.
Drug Classifications and Marijuana
Federal and state laws classify drugs from Schedule I at the highest, most dangerous level to Schedule V at the lowest. These schedules are reportedly determined by the drugs’ accepted medical uses, as well as potential for addiction and harm. However, marijuana is classified as a Schedule 1 controlled substance with such drugs as heroin and meth. В
The following table outlines the heroin laws in Kansas.
- Less than 25 grams is a level 4 felony
- 25 to 450 grams is a level 3 felony
- 450 grams to 30 kilograms is a level 2 felony
- 30 kilos or more is a level 1 felony
The penalty ranges from the 10 months for a level 4 felony to 17 years for a level 1, plus a fine up to $500,000 for a level 1 or 2 offense.
If you had at least 450 grams of marijuana in your possession, youвЂ™ll be presumed to have been selling, unless you can show otherwise.
The level will be bumped up a level if the weed was sold or distributed on or within 1,000 feet of any school property.
These are also penalized according to the sentencing grid, from almost 4 years to 17 years depending on the number of plants and the defendantвЂ™s criminal record.
Note: State laws are revised by lawmakers, state and federal judges, and even voters quite frequently. ItвЂ™s important to contact an attorney or conduct your own legal research to verify these drug crime laws.
Research the Law
Facing Kansas Marijuana Charges? You May Need a Good Lawyer
If you’re facing a marijuana charge, you should talk to an experienced Kansas criminal defense lawyer or a public defender as soon as possible. Even though marijuana laws and attitudes toward it have been changing, a conviction on your record can have damaging effects. Get started todayВ by meeting with a Kansas defense attorney in your area.
Chart providing details of Kansas Marijuana Laws