MARIJUANA POSSESSION LAWYER

HOW IS MARIJUANA POSSESSION DEFINED IN KANSAS?

Here is the law on possession of marijuana (the part that is relevant to marijuana possession)

21-5706. Unlawful possession of controlled substances. (a) It shall be unlawful for any person to possess any opiates, opium or narcotic drugs, or any stimulant designated in K.S.A. 65-4107(d)(1), (d)(3) or (f)(1), and amendments thereto, or a controlled substance analog thereof.

(3) If the substance involved is marijuana, as designated in K.S.A. 65-4105(d), and amendments thereto, or tetrahydrocannabinols, as designated in K.S.A. 65-4105(h), and amendments thereto, violation of subsection (b) is a:

(A) Class B nonperson misdemeanor, except as provided in subparagraphs (B) and (C);

(B) class A nonperson misdemeanor if that person has a prior conviction under such subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense; and

(C) drug severity level 5 felony if that person has two or more prior convictions under such subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense.

Like it or not, there are laws against possession of Marijuana, there are laws against possession with with intent to distribute marijuana and there are laws against cultivating or growing marijuana. ln general, there are no defined amount that is only chargeable as, "personal use". The more marijuana someone has the more exposure they have to get increasing levels of trouble.  If police can prove there was intent to distribute any amount, then they can charge the individual with intent to distribute.

For example, someone can have even as little as three grams of marijuana, and if police can prove there was intent to distribute the drugs, then they can charge the individual with a level four intent to distribute.

Therefore in Kansas it is based on the quantity of marijuana found, but there is no threshold on the amount someone can have on his or her person. The general rule of thumb is anything less than twenty-five grams, so long as there is no other evidence that there was intent to distribute the drug, will be considered a charge of simple marijuana possession.

Intent To Distribute Charges vs. Simple Possession 

Part of making a marijuana possession charge go from just a simple possession to a felony possession or intent to distribute is going to deal with the quantity of the drug found. For example, if law enforcement discovers three or four pounds of marijuana, they are always going to charge the individual with intent to distribute.

There are, of course, other things police will be looking for on intent to distribute cases such as they will have established “buys” with the individual, such as a controlled buy from an informant to prove the sale of drugs took place. They can also go off of admissions such as if someone has said, “Hey, I was selling marijuana”. Additionally if someone is found to have the instrumentalities of distribution, such as baggies, marijuana divided into small quantities, large amounts of cash or anything that tends to prove the marijuana was being used for sale or distributing; this will all be used to prove a case against the individual.

What Are The Penalties For Marijuana Possession vs Intent To Distribute Charges?  

Penalties for simple marijuana possession and possession with intent to distribute have changed in Kansas. Currently, a first time possession charge is considered a Class B misdemeanor and the punishment range is zero to six months in jail. A second time possession charge is considered a Class A misdemeanor punishable by up to one year in jail.

When it comes to intent to distribute, the sentences get very serious, very quick. For example, if someone is charged with felony intent to distribute, there are several different levels and it is largely going to be based on the quantity of the drugs found.

Level 1 drug felony, is when the amount of drugs possessed is over 30 kilograms. (Sixty-Six Pounds)

Level 2 drug felony is when the amount of drugs possessed is over 450 grams but les than 30 Kilograms.

Level 3 drug felony is when the amount of drugs possessed is over 25 grams but less than 450 grams.

Level 4 drug felony is when the amount of drugs possessed is less than 25 grams.

HOW MUCH TROUBLE AM I IN FOR A MARIJUANA POSSESSION CASE?

Answering this question depends on a lot of different factors. A person convicted of a marijuana possession case can be facing a fine and probation all the way up to many years in prison. To answer this question accurately a lawyer will need to have many questions answered. Below are a few common questions a lawyer may ask.

Each one of these questions can have a dramatic impact on how much trouble you may be in. On this page we are going to look at just a few of the factors in play when you get a marijuana case to illustrate how marijuana cases work in Kansas.

1. What Is Your Criminal History?

Obviously. a person with little to no criminal history is going to be in a better position than a person with significant criminal history in almost any case. This is very apparent when discussing marijuana cases. In Kansas, a person that is caught with a minor amount of marijuana for the first time is looking at a Class B misdemeanor. The maximum punishment allowable by law when facing a class B misdemeanor is 6 months in the county jail. In Kansas, a person that is caught with a minor amount of marijuana for the second time is looking at a class A misdemeanor. The maximum punishment allowable by law for a class A misdemeanor is 1 year in the county jail. Any possession case that occurs after the second-time possession will generally be a felony charge.

Kansas ranks drug possession crimes, including possession of marijuana, into five different levels. Each of those different levels of crimes have a significant impact on what happens to the person accused of the drug crime. The levels are ranked in severity, level one being the most severe and level five being the least severe. A person convicted with possession of a minor amount of marijuana for the third or more time is looking at a level five drug felony. Depending on the offender’s criminal history, a level five drug felony is punishable by probation all the way up to 42 months in prison. For any possession with intent to distribute charge the offender’s criminal history also has a dramatic impact on the amount of punishment that the offender is facing.

To briefly sum up how criminal history plays a part in marijuana possession look at this chart.

When you are looking at felony marijuana possession the range of punishment seems very broad. Your criminal history dictates where you fall on the spectrum between a probation sentence and 42 months in prison. Look at this cart to see where you fall.

2. How Much Marijuana Did You Possess?

One of the other major factors a lawyer must know to determine how much trouble a person is in when they are charged with marijuana possession is obviously going to depend on how much marijuana you were caught with. To a certain extent, the more marijuana you are caught with the more trouble you are going to be in. In Kansas, it is very common to elevate the crime of possession of marijuana to possession of marijuana with intent to distribute, depending on the amount of marijuana you are caught with. All charges of possession with intent to distribute are going to be felony charges. Possession with intent charges are broken down like this. Remember the prosecution still must prove that you actually had the intent to distribute marijuana.

3. What Jurisdiction Or Court Are You In?

The jurisdiction or court you are in can have a dramatic impact on what happens to you when you are facing a marijuana charge. Remember, possession of marijuana can be charged in both a municipal court or a district court. Each municipal court handles marijuana cases differently and the difference in punishment from court to court can vary. In some municipal courts marijuana cases can be a simple fine in other municipal courts you can be looking at serious jail time. An experienced criminal defense lawyer can talk to you about the particular jurisdiction you were charged in and can give you insight on how to navigate a difficult jurisdiction.

4. What Judge And Prosecutor Are Assigned To Your Case?

Remember when you are faced with a marijuana case there are vastly different opinions as to the severity of marijuana possession cases. A prosecutor or judge will almost certainly have a “tendency” or preconceived idea of how “bad” they think marijuana is. Prosecutors and judges are not robots that process cases without interjecting their own beliefs. Some prosecutors and judges will naturally be easier on crimes that they do not perceive as very severe others will see things in the opposite fashion. Sometimes the difference between going to jail or being placed on probation is dictated by who is prosecuting or hearing the case. An experienced criminal defense lawyer can give you insight on the actors in your case and may be able to help guide you to a favorable outcome based on their experience with the judge or the prosecutor handling your matter.

If you find yourself facing a marijuana possession case in Johnson county or a municipality located in Johnson county you need to speak with a lawyer that has experience in that jurisdiction. For more information on Marijuana Possession cases contact our office for a free consultation.