Olathe Drug Possession Attorney

Defending Against Kansas Drug Possession Charges Under K.S.A. § 21-5706

K.S.A. § 21-5706 is the operative Kansas drug possession statute. It prohibits possession of controlled substances and establishes a tiered charging scheme based on the type of substance involved. An earlier version of this law appeared at § 21-36a06; that section has been transferred, and § 21-5706 is the current citation for all possession offenses.

The statute draws a primary distinction between two categories. Subsection (a) covers opiates, opium, narcotic drugs, and certain designated stimulants. Subsection (b) covers depressants, other stimulants, hallucinogens, steroids, and other designated controlled substances. Marijuana possession is addressed separately under subsection (c). Where a charge falls within this framework determines the severity of the offense and the range of penalties a defendant faces.

Call Our Firm to Learn More

When Is Drug Possession a Misdemeanor in Kansas?

Possession of substances covered under § 21-5706(b), including depressants, certain stimulants, hallucinogens, and steroids, is charged as a class A nonperson misdemeanor on a first offense. A conviction carries up to one year in jail and fines up to $2,500. Possession of drug paraphernalia for personal use is a separate class A nonperson misdemeanor under Kansas law.

Marijuana occupies its own classification. A first offense for possession of any amount is a class B nonperson misdemeanor, punishable by up to six months in jail and fines up to $1,000. A second marijuana offense escalates to a class A nonperson misdemeanor. These are still serious criminal charges, and a conviction creates a permanent record that follows you well beyond any sentence served.

When Does Drug Possession Become a Felony?

Possession of opiates, opium, narcotic drugs, or designated stimulants under § 21-5706(a) is a drug severity level 5 felony on the first offense. The sentencing range is 10 to 42 months in prison, with fines reaching $100,000. Prior convictions matter significantly: a prior conviction involving substances such as MDMA can elevate a subsequent § 21-5706(b) offense from a class A misdemeanor to a drug severity level 5 felony. For marijuana, two or more prior convictions trigger felony exposure on any subsequent charge.

Quantity also affects how a case is charged. Larger amounts can shift the state’s theory from simple possession to possession with intent to distribute, which carries substantially harsher penalties under Kansas sentencing guidelines. Early legal intervention can be an effective way to contest how a charge is framed before that framing hardens.

Contact our Olathe drug possession lawyers online or call (913) 971-0296 today.

Consequences of a Drug Possession Conviction Beyond Sentencing

A conviction under K.S.A. § 21-5706 carries consequences that extend well past the courtroom. Even a misdemeanor creates a permanent criminal record that surfaces in background checks, affecting employment, housing applications, and professional licensing. Felony convictions can affect federal student loan eligibility and security clearances, and certain convictions trigger mandatory driver’s license suspension under Kansas law.

Consequences of a drug possession conviction may include:

Fines and court costs
Probation or parole
Community service
Loss of driver’s license
Criminal record
Difficulty finding employment or housing

Schedule Your Consultation

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Garretson & Toth, LLC at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

"Thank you!!"
Lannie,
We just wanted to send an extra thank you for everything you have done for us. When I think back to April when we hired you, I never felt any judgement from you — you were very professional. We appreciate how you fought for us to not have to come down to Kansas for any court cases and only to do them via Zoom, how you were able to take S. to the airport so he could get home, all the phone calls/texts to help keep us informed and helping us connect with S. so S. could do the evaluation and have this case dismissed.
We owe you an extra debt of gratitude for all you have done for us and our family, and really do appreciate everything. We will never forget how you helped us during this difficult time and helped get our lives back!!

- S & J
"Tyler was able to achieve the near impossible."
Tyler Garretson Amazing, profesional, clear, and direct are a few ways to describe him. Tyler was able to achieve the near impossible. If you have an important case he is the right attorney for you. He is worth every single dollar. Mr. Garretson, thank you for giving my son his life back, I will be forever grateful. It was not easy, but you did it. He has something that he did not have for a long time: HOPE. Thank you, again.

View All Reviews

Marijuana Possession Charges in Kansas

Kansas hasn’t legalized marijuana. Possession of any amount remains a criminal offense, and the penalties escalate with each conviction. A first offense is a class B nonperson misdemeanor. A second offense is a class A nonperson misdemeanor. Once a defendant has two or more prior marijuana convictions, any subsequent charge becomes a drug severity level 5 felony under K.S.A. § 21-5706(c), meaning a third possession arrest carries the same felony exposure as a first-time narcotics charge.

Regardless of where your charge falls in that scheme, the Olathe criminal defense lawyers at Garretson & Toth, LLC bring 60 years of combined criminal law experience to every drug offense case, from misdemeanor possession to serious felony allegations.

Defense Strategies for Drug Possession Charges in Olathe

Our attorneys served as Johnson County Assistant District Attorneys and Section Chiefs before moving to defense. That background means we know how prosecutors in this courthouse build drug possession cases, what evidence they prioritize, and where those cases tend to be vulnerable. We apply that knowledge from the first day we take a case.

Defense approaches we evaluate in every possession case include:

Fourth Amendment suppression: Traffic stops and street encounters are the most common origin points for drug possession arrests. If an officer lacked legal justification for the stop or the search, evidence obtained as a result can be suppressed. Suppression of the physical evidence can lead to dismissal.
Chain of custody and lab testing: The state must prove that the substance seized is the same substance tested and introduced at trial. Gaps in chain of custody or deficiencies in laboratory procedures can undermine the prosecution’s ability to meet that burden.
Knowledge and control: Possession requires that the defendant knowingly possessed the substance. When drugs are found in a shared space or vehicle, the state must still prove actual or constructive possession, which isn’t always straightforward.
Diversion and alternative sentencing: For eligible first-time or low-level offenders, Kansas courts may offer diversion programs that, when completed, can result in dismissal of charges. We pursue these options aggressively when they serve a client’s long-term interests.
Negotiated resolution: We’ve tried over 115 jury trials in state and federal courts. That trial record is real leverage at the negotiation table, and we use it. If a plea is the right outcome, it happens only after every alternative has been exhausted.

Talk to an Olathe Drug Possession Lawyer Today

A drug possession charge in Johnson County moves quickly once the state files. The earlier we can evaluate the circumstances of the arrest, review how the evidence was obtained, and identify suppression issues or diversion eligibility, the more options we have. We return all client calls the same day, and clients work directly with a partner from the initial consultation forward.

Call (913) 971-0296 or contact us online to schedule a consultation with an Olathe drug possession attorney at Garretson & Toth, LLC.

Why Garretson & Toth for Your Olathe Drug Possession Defense?

Drug possession is the most common drug charge filed in Kansas, but the stakes are anything but routine. Even a first-offense misdemeanor creates a permanent record. A felony conviction under K.S.A. § 21-5706 can mean prison time, $100,000 in fines, and consequences that follow a client into every job application and housing search for years. Kansas also imposes enhanced penalties for possession cases involving large quantities and for defendants with prior convictions, which can turn what looks like a straightforward misdemeanor into a drug severity level 5 felony.

Our attorneys at Garretson & Toth, LLC are former Johnson County Assistant District Attorneys and Section Chiefs. We prosecuted drug cases in the same courthouse where our clients’ cases are now heard. That prosecution-side background means we understand how the state structures its evidence, what charging decisions reflect, and where the case against a client is most likely to be vulnerable. Combined with over 115 jury trials in state and federal courts, that experience produces informed, aggressive representation at every stage. Tyler Garretson, a former President of the Criminal Law Section of the Kansas Bar Association, leads a team consistently recognized as Super Lawyers and members of the National Trial Lawyers Top 100.

Clients are represented directly by a partner. Cases are not passed to less experienced associates. Our office sits adjacent to the Johnson County Courthouse, and we maintain a daily presence in local courts throughout the region. When the facts support it, we pursue alternative and diversion sentencing for drug possession clients and treat our trial readiness as real leverage in every negotiation. Learn more about the drug crimes we handle or the counties we serve across Kansas.

If you’re facing a possession charge, reach us online or call (913) 971-0296 today so we can evaluate and investigate your case promptly.

Continue Reading Read Less

Why Do Clients Choose Our Firm?

We Are Dedicated To the Success of Our Clients

We Are Former Prosecutors, Armed With Invaluable Insights
Our Team Is Committed to Obtaining the Best Possible Outcome for Our Clients
We Are Accessible to Our Clients and Will Return All Calls the Same Day
Our Firm Provides a Confidential Free Case Consultations
We Provide a Unique and Specialized Experience for Each Client Facing Criminal Charges
Aggressively Defending Our Clients for Over 60 Years