Drug Possession Lawyer in Overland Park

Like it or not, Kansas is very harsh on people whom are found to be in possession of drugs. Every state bordering Kansas has legalized the possession of at least some drugs, yet Kansas remains opposed. Completely contrary to the evolving opinions of it's citizens, the Kansas legislature still seeks to punish the possession of drugs and imprison those who get caught up in the legal system. Being charged with a possession of drugs can be an incredibly stressful experience. If convicted, depending on the type of illegal drug and the quantity that you possessed you could suffer serious consequences, including losses of certain freedoms, hindered employment opportunities, or spending significant time in jail. If you find yourself charged with drug possession now is not the time to leave your future up to chance. Reach out to a skilled drug possession attorney who can advocate for your interests. 

If you were recently arrested on drug crime charges in Johnson County, Kansas. Its attorneys are prepared to listen to your story and investigate the details of your arrest. They’ll search the arrest report for flaws, violations of your rights, and other pieces of evidence that can help build your defense. Schedule a consultation with the team today at its office in Overland Park. 

Drug Charges in Kansas 

There are a host of different charges one can face when in possession of illegal drugs. Ranging from a class B misdemeanor all the way up to a level one drug felony. It varies greatly on how much trouble you are in based not only on the type of drugs you possessed but the quantity as well. Though the law on drug possession is largely the same across the state, it also matters what county you are being charged in and what prosecutor is assigned to the case. Different jurisdictions handle drug possession cases differently, what might get someone probation in one county could result in prison time in a different county. When you are charged with drug possession you need a a drug possession lawyer that has experience in the jurisdiction that you are charged.

Drug Possession 

If any controlled substances were found on your person, in your car, or anywhere that you had reasonable access to, you might face drug possession charges. Under Kansas law, the term “controlled substances” refers to illicit drugs such as marijuana, heroin, and methamphetamines, as well as the compounds used to make them. If you are facing these charges, Roth Davies has skilled drug possession attorneys that are willing to hear your case. It is common in Kansas for multiple people to be charged with possession of drugs even if only one person had exclusive control over those drugs. Some jurisdictions take a "charge them all" approach and let the court sort it out. Having a competent drug possession attorney on your team is vital when facing such over zealous charging.

Drug Manufacturing 

In the context of criminal law, drug manufacturing is the act of being involved in any step of the illegal drug production process. Examples of drug manufacturing include growing marijuana plants, using cold and allergy medications like pseudoephedrine to cook meth, and operating a drug lab. Possession of the instrumentalities of manufacturing is a crime and can land you in prison. Manufacturing cases unfortunately are more common than most people think, especially concerning meth cases. If you are charged with manufacturing illegal drugs, sit down with an experienced drug manufacturing lawyer to develop the best defense for your case.

Drug Distribution 

Whether you sold controlled substances or gave them away, the act of drug distribution is prohibited by law in the state of Kansas. In addition to illicit drugs like marijuana and cocaine, it also illegal to distribute pharmaceutical drugs that have been prescribed to you.  Kansas is particularly hard on those believed to be distributing drugs. Incredibly stiff financial penalties and presumptive prison is the starting point for many all of these distribution cases. Your drug distribution lawyer's research and writing skills are tantamount to a good suppression motion. When facing a distribution charge it is important that you sit down with a lawyer well versed in distribution cases and go over the facts of the seizure. The difference between a winning case and a losing case is often determined by the skill of your drug distribution defense attorney.

Drug Schedules 

The Controlled Substances Act (CSA) groups drugs, substances, and certain chemicals used to make drugs into five distinct schedules. Drugs are categorized into different schedules based on their acceptable medical use and their potential for abuse or dependency. 

Schedule I 

Schedule I drugs, substances, and chemicals do not have accepted reasons for medical use, and they each have a high likelihood of being abused. Examples include heroin, marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), and lysergic acid diethylamide (LSD). 

Schedule II 

Schedule II substances have a high potential for addiction and abuse. Some are illegal, and others are severely restricted for medical purposes. Examples include cocaine, methamphetamine, oxycodone (OxyContin), Vyvanse, and Adderall. 

Schedule III 

Schedule III substances have a moderate to low potential for physical and psychological dependence. Like Schedule II substances, they are severely restricted in terms of medical use. Examples of Schedule III substances include anabolic steroids, testosterone, and ketamine. 

Schedule IV 

Schedule IV substances have a low potential for both abuse and dependence, and they are often used in medical treatments. Examples include Xanax, Valium, Ativan, and Ambien. 

Schedule V 

Schedule V substances have the lowest potential for abuse and are often used for medical purposes. Examples include cough medicines with less than 200 mg of codeine or per 100 milliliters (such as Robitussin AC), Motofen, Parepectolin, and Lyrica. 

Potential Penalties of a Conviction in Kansas 

The consequences of a drug conviction will depend on the offense that was committed, the schedule of drug (or drugs) involved, the amount found in the offender's possession, and their criminal history. If convicted of a drug crime, you could be subject to any of the following penalties: 

• Large fines 

• A prison sentence that lasts months, years, or decades 

• A criminal record that affects your housing, employment, or educational opportunities 

• The inability to carry, own, or possess firearms  

• Increased difficulty in obtaining public benefits or government assistance 

• Ineligibility for certain financial loans   

• Deterioration of your personal and professional relationships 

Be sure to hire an experienced criminal defense attorney who can help you fight back against your drug charge and work to avoid these devastating penalties. 

Secure Dedicated Defense Representation 

If you’ve been charged with a drug possession, distribution, or a different drug crime in Johnson County or anywhere else in the state of Kansas, reach out to Roth Davies LLC. A team of attorneys is ready to help you seek a fair and favorable result that allows you to move forward. Contact their office in Overland Park today to schedule a consultation.