Drug Sales vs Drug Possession

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.

Common Defenses for Drug Crimes

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

Penalties for Marijuana Possession in Kansas

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.

Will I Go to Prison for Drug Charges?

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

How To Avoid Prison for Drug Charges.

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.