WHAT IS THE LAW ON MARIJUANA POSSESSION IN OVERLAND PARK MUNICIPAL COURT?
Overland Park Municipal Court is the judicial branch of the city and handles cases concerning traffic and ordinance violations for the residents within the city limits. The Overland Park Court Services is licensed by the State of Kansas and provides DUI evaluations, alcohol and drug assessments, and referral services to the residents of Overland Park. The laws of Overland Park are also known as city ordinances. All the city ordinances collected is called the “city code”. The city code covers all kinds of things that go on in the city and you need to familiarize yourself with them. Below you will find the law regarding Unlawful Possession of Drugs in Overland Park.
11.56.140 UNLAWFUL POSSESSION OF DRUGS - EXCEPTIONS.
It is unlawful for any person to deliver, possess, manufacture, have under his control, sell, or offer for sale any drug controlled substance or marijuana all as defined in 11.56.130, unless:
Such drug is delivered by a pharmacist, or his authorized agent, in good faith upon prescription and there is affixed to the immediate container in which such drug is delivered a label bearing:
The name and address of the owner of the establishment from which such drug was delivered,
The date on which the prescription for such drug was filled,
The number of such prescription as filed in the prescription files of the pharmacist who filled such prescription,
The name of the practitioner who prescribed such drug,
The name and address of the patient, and if such drug was prescribed for an animal, a statement showing the species of the animal, and
The direction for use of the drug and cautionary statements, if any, as contained in the prescription; and
In the event that such delivery is pursuant to telephonic order, such prescription shall be promptly reduced to writing and filed by the pharmacist; or
Such drug is delivered by a practitioner in good faith and in the course of his professional practice only.
It is unlawful for any person to refill any prescription for a drug unless such refilling is specifically authorized by the prescriber.
It is unlawful for any person to fail to keep the records required by 11.56.160.
It is unlawful for any person to possess a drug unless such person obtained such drug on the prescription of a practitioner or in accordance with subsection A(3) of this section or from a person licensed by the laws of any other state or the District of Columbia to prescribe or dispense drugs.
It is unlawful for any person to refuse to make available and to accord full opportunity to check any record, file, stock or inventory as required by 11.56.170.
It is unlawful for any person to use to his own advantage, or to reveal other than to a public officer or employee charged with the duty of enforcing laws relating to the handling, sale and distribution of drugs, or to a court when relevant in a judicial proceeding, any information acquired under the authority of 11.56.170 concerning any method or process which as a trade secret is entitled to protection.
It is unlawful for any person to obtain or attempt to obtain a drug by fraud, deceit, misrepresentation or subterfuge; or by the forgery or alteration of a prescription; or by the use of a false name or the giving of a false address.
It is unlawful for any person to sell, offer for sale or have in his possession with the intent to sell any hallucinogenic or stimulating drug described in 11.56.130.
Possible Punishment
*Class B Violations are punishable by up to 180 days in the Johnson County Jail, however, most Class B Violations are eligible for probation
*Class A Violations are punishable by up to 365 days in the Johnson County Jail, however, most Class A Violations are eligible for probation
You've been charged with Marijuana Possession in the Overland Park Municipal Court, now what?
The first thing you’ll want to do is research, so you’re already on track! If you are ever unsure what to do in this situation, learning about the law itself is always valuable information. Once you’ve gathered the appropriate information, do not hesitate to reach out to a lawyer with experience in the Overland Park Municipal Court. Take advantage of your time with your lawyer and ask questions not only about the law, but about the people in the Court as well. Knowing how the judge handles cases similar to yours is equally important.