Although they are the most common type of drug crime, drug possession charges in any county throughout the state of Kansas are no minor matter. Depending on the type of drug or controlled substance you are arrested for, you can face serious terms of imprisonment. In addition, Kansas imposes enhanced penalties for possession cases that involve large amounts or quantities and for habitual offenders. While other states are in the process of legalizing marijuana, Kansas continues to punish a second, simple possession of marijuana (regardless of quantity) as a felony. No matter the particularities of your drug possession allegation, the Olathe criminal defense lawyers at Garretson & Toth, LLC are prepared to draw upon our more than 45 years of legal experience to provide you with the legal representation you need to reach the best resolution possible.
Kansas Statutes Annotated § 21-36a06 makes the possession of any controlled substance illegal. The legislation also outlines a scheme that charges certain offenses as crimes of different severity. For example:
Class A Nonperson Misdemeanor
Possession of depressants, certain stimulants, hallucinogens, steroids and other classes of controlled substances can result in a class A nonperson misdemeanor charge. Penalties will vary from cases to case, but a first offense is punishable by up to $2,500 in fines and up to one year of imprisonment. Possession of drug paraphernalia is also considered a class A nonperson misdemeanor.
Drug Severity Level 4 Felony
Any person who is in possession of any opiates, opium and stimulants such as cocaine will be prosecuted for drug possession as a level 4 felony. Depending on the circumstances, convictions can result in up to three and a half years in prison and fines up to $100,000. This assumes a very limited quantity of the drug. As referenced elsewhere throughout this site, classification of drug felonies is now based on quantity with significantly contrasting penalties as quantity increases.
Under Kansas law, multiple drug possession offenders are subject to enhanced penalties, including up to three and a half years of imprisonment and up to $100,000 in fines. Second offenders may also be prosecuted with felony charges if their prior conviction involved a certain controlled substance, such as MDMA or marijuana.
Our legal team at Garretson & Toth, LLC has become adept in the defense strategies and legal actions needed to deflect possession allegations and to dismiss or reduce penalties as much as possible. Our Johnson County drug crime lawyers also focus on obtaining alternative and diversion sentencing for clients whenever possible.
If you are facing any type of possession charge, you need to contact our firm as soon as possible so that your case can be immediately evaluated and investigated.