Is Marijuana Possession a Felony or a Misdemeanor Drug Crime?

According to the Kansas Statutes, it is unlawful to possess, cultivate or distribute any marijuana without legal permission to do so. Marijuana is considered the least of controlled substances by many. However, some drug charges involving marijuana have the potential to carry serious punishments at the level of federal charges. For the purposes of clarity, Kansas law defines possession of marijuana as being in the possession of any part of the cannabis plant in any form. Not only does this include the dried material but it can also refer to the seeds of the plant without legal permission.

If someone is charged with possession of marijuana, one this is certain. They will face harsh punishments that will affect their standing in society, their future career aspirations and the relationships with people around them. For the most part, a first offense of marijuana possession will be processed as a misdemeanor offense. This includes possession of any amount, which is in contrast to the laws of other states that differentiate between charges based on weight of the substance.

A charge of possession of marijuana on the misdemeanor level will generally carry a sentence of up to 12 months in jail and fine of no more than $2,500. That punishment can be significantly increased if an individual is convicted a second or third time for the same offense. Again, this also is not altered by the amount or weight of the substance possessed. No matter how much or how little is found, an individual charged with possession of marijuana more than once will be subject to federal charges. A felony possession charge involving marijuana is carries a sentence of at least 10 months in prison and can reach up to 42 months. Punishment may also be increased depending on the defendant's past history and any aggravating factors involved with the crime.

If you have been charged with a first or second offense of possession of marijuana, contact a Olathe criminal defense attorney from Garretson & Toth, LLC today.

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