Kansas Drug Defense Lawyer


If you have been arrested and charged with selling, possessing, manufacturing or distribution of drugs call Vincent Rivera immediately at (913) 210-0844. Schedule a free consultation with Vincent immediately so he can walk you through the criminal justice process step by step. Vincent has successfully negotiated reduced charges, reduced sentences and has even been able to get drug charges dismissed altogether.

If you are arrested for a drug crime or a crime where drugs are involved, call Vincent Rivera immediately at (913) 210-0844 to set up a free consultation. Drug convictions can have serious life altering punishments. They carry long lasting consequences on many things including being able to obtain employment in the future.

Drug laws are extensive and cover a wide range of charges from cultivating, possession, distribution, manufacture and paraphernalia.

Kansas has very tough drug charges and hands out harsh sentences and punishments to drug offenders. If convicted the sentence that someone will receive is determined by a number of variables, including, but not limited to: prior criminal history; location (within 1000 feet of a school increases the potential sentence); and how much of the drug is involved.

Vincent Rivera specializes in criminal defense for drug charges including:

Marijuana,
Cocaine,
Crack cocaine,
Heroin,
LSD,
PCP,
Methamphetamine (Crystal Meth),
MDMA,
and Prescription Drugs.

Charges, sentencing and laws can be read in detail in the sections on this page.

If you have a child or teenager who has been charged or arrested for drug use, possession or distribution lean more on our Juvenile Crimes page.

Schedule I Drugs are considered highly addictive drugs with a high likelihood of abuse, and no approved medical uses. The include Heroin, Marijuana, and many hallucinogens, such as LSD, Mescaline, Peyote, Psilocybin.

Schedule II Drugs are considered highly addictive drugs with a high likelihood of abuse, and limited approved medical uses. They include cocaine, coedine, hydrocodone, morphine, oxycodone/oxycontin, and related opiates.

Schedule III Drugs are considered highly addictive drugs with a less likelihood of abuse, and limited approved medical uses. They include many barbituates, ketamine (special K), GHB,

Schedule IV Drugs are considered addictive drugs with a less likelihood of abuse, and some approved medical uses. They include chloral hydrate, and many common prescription drugs.

Marijuana is classified as a Schedule 1 controlled substance with such drugs as heroin and meth.

POSSESSION OF MARIJUANA

First offense is a class B nonperson misdemeanor punishable by a maximum of 6 months imprisonment and a maximum fine of $1,000 for a first time offense

Second offense is a class A nonperson misdemeanor

Subsequent offense is a drug severity level 5 felony

if possession is 450 grams or more, which is a drug severity level 5 felony punishable by a fine not to exceed $100,000 and a term of imprisonment ranging from 10 months probation – 42 months imprisonment.

SALE OR DISTRUBUTION

less than 25 grams is a drug severity level 4 felony punishable by 14 months probation – 51 years imprisonment and a fine not to exceed $300,000.

Distribution of 25 grams or more but less than 450 grams is a drug severity level 3 felony punishable by 46 – 83 months imprisonment and a fine not to exceed $300,000.

Sale of 450 or more but less than 30 kilograms is a drug severity level 2 felony punishable by 92 – 144 months imprisonment and a fine not to exceed $500,000.

Sale of 30 kilograms or more is a drug severity level 1 felony punishable by 138 – 204 months imprisonment and a fine not to exceed $500,000.

Sale within 1,000 feet of a school zone will increase a drug severity level.

Concentrates, cultivation and paraphanlia also have a wider range of charges. These are serious criminal charges that can include jail time and hefty fines.

If you have been charged with a drug crime related to marijuana call

Criminal Defense Attorney Vincent Rivera immediately at

(913) 210-0844 to schedule a free consultation today.

POSSESSION

Possession of Cocaine is a level 5 drug felony. Sentencing for drug charges in Kansas are based on a grid that considers factors such as prior criminal history. The charges can have consequences of 10 months to 42 months. A drug possession crime will be placed on your criminal record and sentencing will be tougher for future convictions.

SELLING OR TRAFFICKING

The felony level of drug charges will depend on the amount of cocaine found when arressted.

Less than 3.5 grams is a level 4 felony.
3.5 to 100 grams is a level 3 felony.
100 grams to 1 kilogram is a level 2 felony.
1 kilo of coke or more is a level 1 felony.

If you possess 100 grams or more of cocaine there is a presumption that you intend to distribute (sell) unless you can prove otherwise.

The level will increase by one if the cocaine was distributed (sold) or possessed with the intent to distribute (sell) on or within 1,000 feet (333.33 yards) of any school property.

Creating, possessing, distributing or even giving false information in the attempt to receive a fake or altered prescription order is a Class A nonperson misdemeanor. 

Selling, offering to sell or possessing with the intent is also illegal. 

If you have a prior conviction including prescription drugs you may be charged with a level 9, nonperson felony.

Heroin is classified both federally and in Kansas as a Schedule I controlled substance.

If you are charged with possessing 3.5 grams or more the law will assume you intend to distribute.

POSSESSION

The penalty range for a level 4 drug offense is 14 months for those with no record to 51 months for those with at least 3 “person felonies” or felonies committed against a person.

In addition, a fine up to $300,000 could be assessed.

SALE, DISTRUBUTION, AND TRAFFICKING

Less than 1 grams is a level 4 felony
1 to 3.5 grams is a level 3 felony
3.5 to 100 grams is a level 2 felony
100 grams or more is a level 1 felony

Sentencing for drug related-crimes are based on the Kansas Drug Offense Sentencing Grid.

Possession of LSD, acid, psilocybin is classified as a Schedule I* drug. Possession of LSD is a Class A non person Misdemeanor.

First offense can be sentenced up to 1 year in prison and/or up to $2500 fine.
Second offense can be sentenced up to 3 1/2 years in prison and/or up to $100,000 fine.

If convicted the sentence that someone will receive is determined by a number of variables, including, but not limited to: prior criminal history; location (within 1000 feet of a school increases the potential sentence); and how much of the drug is involved.

*Schedule I Drugs are considered highly addictive drugs with a high likelihood of abuse, and no approved medical uses.

Methamphetamine is listed as a Schedule II substance.

Manufacturing: Severity level 1 felony; prison sentence of 170 months; fine of up to $500,000

Cultivation and Distribution: Severity level 3 felony; prison sentence of 34 months; fine of up to $300,000

Possession: Severity level 4 felony: prison sentence of 24 months; fine of up to $100,000

Methamphetamine charges are very serious and the consequences are severe. Call Vincent Rivera immediately for help if you or a loved one has been charged or arrested for meth related crimes.

PCP is a “Schedule II” controlled substance.

Trafficking or selling PCP in the amount of 4-12 grams is a class B Felony.

Trafficking or selling PCP in the amount 12 grams or more is a class A Felony. 

Possession, distribution and use of PCP can result in serious drug charges with jail time and fines for those charged or arrested. 

If you have been charged or arrested for trafficking or possession call Vincent Rivera immediatly. 

Contact Vincent Rivera

Vincent Rivera specializes in Criminal Defense and drug charges.

Rivera Law, LLC represents clients in Johnson County and Wyandotte County, Kansas including cities of Olathe, Overland Park, Leavenworth and Douglas.

115 E. Park St, Suite C
Olathe, Kansas, KS 66061

(913) 210-0844