Kansas Drug Crimes Defense

You can be charged with drug sales in two scenarios under Kansas law. For selling drugs, “Distribution of controlled substance” or based on the quantity of drugs possessed. “Possession with intent to distribute.” Distribution is any transfer. So, it doesn’t matter if you sold the drugs for profit, sold drugs to break even, or just gave them away. If you simply possess a certain amount of drugs, you’re “presumed to be selling.”

The Amount of Drugs Required to Trigger This Presumption Vary for Each Drug:

• Cocaine over 3.5g
• Methamphetamine over 1g
• Heroin over 1g
• Marijuana over 25g ( .88 Oz.)
• Marijuana over 4 plants is presumptive cultivation
• “Pills” over 10 “dosage units”

Note: these are the minimal amounts for “presumptive distribution.” Penalties increase as amounts increase. For more information pertaining to your unique situation, call our Kansas drug crime attorneys at (913) 210-0844 today.

Under Kansas law, specifically detailed in Chapter 21, Article 36a of the Kansas Statutes, the distribution of controlled substances, drug paraphernalia, and certain precursors used in drug manufacturing is prohibited.

What Are the Consequences of Drug Distribution?

The penalties for drug distribution charges can differ based on the type of controlled substance, quantity, and factors like gang involvement. Distribution offenses are classified as felonies. Furthermore, entities like the DEA may escalate these cases to federal prosecution.

On the state level, if found guilty, the offender may face imprisonment ranging from 14 months to 17 years. Enhanced penalties apply if the distribution occurs within 1,000 feet of a school zone, starting with a minimum sentence of 46 months. Federal convictions lead to even harsher consequences.

In any criminal case, you have two types of defenses: legal defenses and factual defenses.

In a Drug Case, Common Legal Defenses Are:

• Illegal traffic stop
• Illegal search
• Miranda warning violation

In a Drug Case, Common Factual Defense Are:

• Not my drugs
• If charged with sales, personal use

In Kansas, your first two possession of marijuana charges (under 25g) are misdemeanors, each more serious than the last. Your third possession charge is a felony. The maximum penalty for felony Marijuana Possession is 42 months in prison.

In Kansas, Marijuana Distribution or Possession with Intent to Distribute Is Charged Based on the Quantity Possessed:

• 25 grams or less is a level 4 felony
• 25 grams to 450 grams is a level 3 felony
• 450 grams to 30 kilograms is a level 2 felony
• 30 kilograms or more is a level 1 felony

Your presumptive sentence will be based on the sentencing grid, which combines your criminal history with the offense level.

On a felony sentence you’re going to fall into one of three categories: Presumptive probation, Presumptive prison, or Border box (no presumption either way). Generally, low criminal history with a possession charge amount to presumptive probation. If you have a higher criminal record and/or a large amount of drugs, you're likely facing a presumptive prison sentence.

If You’re Facing a Felony, Your Presumptive Sentence Will Be Based on the Sentencing Grid Which Combines:

• Your criminal history
• The level of the offense

If you fall into a presumptive prison category it’s still possible to receive probation.

There’s Basically Two Ways to Avoid Prison:

• A plea deal where the prosecutor agrees to reduce the charge to presumptive probation, or agrees to a “departure,” or
• To ask the Judge for a departure at sentencing.

In a “dispositional departure,” we make arguments to the Judge to depart to a probation sentence. In a “durational departure,” we argue for a reduced prison term.

With extensive experience in criminal defense, the team at Rivera Law is here to help. We have successfully defended Kansas residents for more than a decade against serious drug charges and understand what it takes to protect your future. Call (913) 210-0844 now or contact Rivera Law online to schedule a free consultation.