What is the law on Marijuana Possession in Prairie Village Municipal Court.
Prairie Village is a city that is governed by laws. Those laws are called ordinances and a collection of those ordinances are known as the city code. The city code dictates many of the things that go on inside Prairie Village. The city code controls what signs area allowed on businesses, how tall someone's grass can grow and what behaviors are illegal and legal. Nearly everything is touched by the laws in the city. Here is the law concerning Marijuana Possession in Prairie Village Municipal Court.
Sec. 9.9.1. Unlawful Possession of Marijuana and Tetrahydrocannabinols.
(a) Except as authorized by the Uniform Controlled Substance Act, K.S.A. 65-4101 et seq., and amendments thereto, it shall be unlawful for any person to possess or have under such person’s control 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.
(b) Penalty. Violations of subsection (a) is a Class B violation for a first offense and a class A violation if the person has a prior conviction under K.S.A. 65- 4162, prior to its repeal, under substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense.
(c) It shall be an affirmative defense to prosecution under this section arising out of a person’s possession of any cannabidiol treatment preparation if the person:
(1) Has a debilitating medical condition, as defined in section 1, and amendments thereto, or is the parent or guardian of a minor child who has such debilitating medical condition;
(2) Is possessing a cannabidiol treatment preparation, as defined in section 1, and amendments thereto, that is being used to treat such debilitating medical condition; and
(3) Has possession of a letter, at all times while the person has possession of the cannabidiol treatment preparation, that:
(A) Shall be shown to a law enforcement officer on such officer’s request;
(B) Is dated within the preceding 15 months and signed by the physician licensed to practice medicine and surgery in Kansas who diagnosed the debilitating medical condition;
(C) Is on such physician’s letterhead; and
(D) Identifies the person or the person’s minor child as such physician’s patient and identifies the patient’s debilitating medical condition. (K.S.A. 21-5706)
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 Prairie Village Municipal Court, now what?
First off, you're already doing the right thing. If you find yourself facing any problem it is best to begin by gathering information. Reading the law that it is alleged that you have broken is a good place to start. The problem with reading the law is it generally leads to even more questions. The law is not very good at answering questions with any factual scenarios built in. In other words, "if I did this... did I break the law?" After you read the law, seek out more exhaustive information. Reading the commonly asked questions associated with Marijuana Possession is a good place to continue to learn. After you've digested what you can from the common questions, it's time to sit down with a lawyer with experience in the Prairie Village Municipal court. You can only gather so much information online, talking with someone who knows how the court works and how the people and personalities in the Court function is vital.