JOHNSON COUNTY, KS CRIMINAL & FAMILY LAW (913) 602-7288
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    • 11 Steps of a Kansas Criminal Case
    • DUI Attorney
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KANSAS CITY, KS DRUG CHARGES

Kansas handles drug charges distinctly different than other criminal charges. While you can be charged with misdemeanors and felonies, the associated penalties have a special sentencing. (see below) These vary depending on what type of drugs are involved, the amount of said drugs, your prior criminal history, and even where you were located when caught (ex. school). The penalties for drug crimes start at 10 months and increase to 204 months (17 years) imprisonment, with some charges carrying mandatory minimums. Should you be charged with a Kansas federal drug charge you could be looking at over 20 years of prison. Additionally, almost every felony drug charge will carry a bond $50,000.

Kansas Drug Charges:
Drug Possession (drugs, paraphernalia, ingredients/precursors, etc.)
Possession with Intent to Distribute
Manufacturing drugs
Drug cultivation
Possession of illegal prescription drugs
Drug trafficking
Methamphetamine crimes

Kansas Federal Drug Charges:
Possession
Possession with intent to distribute
Conspiracy

Remember: Marijuana, THC, THC products and/or associated paraphernalia are NOT legal in Kansas. If you got these items lawfully somewhere else (ex. Colorado, Missouri, California, etc.) just know that if you are caught with it in Kansas you will face standard criminal charges. You can even get an additional charge of failure to have the tax stamp.

Read below for more information about specific crimes.

No matter the charge, the potential long-term consequences of a drug conviction are many (ex. loss of job, loss of custody of children, fines/fees, etc.). Seeking the advice of an attorney is the best thing you can do. 

DRUG POSSESSION ATTORNEY IN OVERLAND PARK, KANSAS

The most common drug charge in Kansas is possession. Unlike the surrounding states (Missouri and Colorado) even TCH or marijuana (a.k.a. weed) can cause your arrest and lead to jail time. Typically what comes with that charge is paraphernalia charges (ex. pipes, scales, etc.). In the worst case you are charged with felony possession with intent to distribute. Kansas is harsh on drug crimes and has separated these onto their own penalty grid. (see below)

Did you know that Kansas has identified "drug highway" routes, and that you are more likely to be stopped along those routes for traffic violations that lead to discovery of your drugs? It happens with regularity. The drug highway routes are those between Colorado and Kansas, or California and Kansas. In fact, you can be charged with a state or federal crime even if you have a licenses or prescription for the drugs. If multiple people are involved, and none take responsibility, Kansas law enforcement is given discretion to charge one or all involved. You need an attorney who has handle these charges before, whether you live in or outside of Kansas, to successfully address the Kansas criminal courts. 

OVERLAND PARK, KS POSSESSION WITH INTENT TO DISTRIBUTE CHARGES

This charge has a complex name but what it means is you are being charged with drug dealing. It is always a felony charge. While you may be no drug dealer, the moment you are in possession of 450 grams or more of a controlled substance (that does include weed) the law believes you have exceeded the "personal use" amount. However, the job of getting you convicted of the charge does not stop there. There must be a showing of other evidence, facts or circumstances that support the idea that you intended or planned to pass those to someone else. 

The potential imprisonment is 14 months to 17 years, even if this is your first charge. If any of the following are part of the allegations against you, you will be facing even more time:
  • In a school zone;
  • Crossing state lines (possible federal charge);
  • Took drugs to airport, on Greyhound (or other commercial buses that travel across state lines), train or boat;
  • The mailing system is involved;
  • Gang involvement;
  • Sex crimes, and more.
Note: If your charges are federal (DEA or other federal officials are involved) you may be charged with possession, distribution or conspiracy. First time offenders can be facing 20 years in federal prison, with mandatory minimums of 5 to 10 years. 

Notice that the Kansas prosecutor need not prove that you actually ever completed any sale of drugs. You have defenses, and one of those just may be your addiction. Beyond prison time you will be facing a myriad of other potential consequences (ex. thousands in fines, probation, loss employment, felony criminal record, etc.) that will follow you long term. You should hire a lawyer TODAY if you are under investigation or charged with this crime.

KANSAS CITY, KANSAS DRUG MANUFACTURING CHARGES

If your are believed to be making or creating controlled substances you are likely to be charged with manufacturing. Kansas law enforcement may raid, sting or undercover buy from you. They may even use an informant. During their investigation they will be looking for you to have the ingredients or equipment necessary to manufacture.

This charge can apply to any of the following:
  • Weed (marijuana) growing;
  • Mushrooms;
  • Meth (methamphetamine) Labs - which carries higher penalties;
  • LSD
  • GHB, and more.

Drug Manufacturing Penalties: This is charged as a level 1 or level 2 drug felony, which can carry up to 25 years imprisonment.

Remember: The State of Kansas need not prove that you successfully manufactured anything. In fact, you can also be charged with conspiracy to manufacture drugs.

It is likely, if you are actually in possession of drugs when this charge arises, that you will simultaneously be charged with distribution. Don't handle these charges alone.

JOHNSON COUNTY, KANSAS POSSESSION OF PARAPHERNALIA 

Kansas considers drug paraphernalia, or drug precursors, to be any of the following:
  • Glass or metal pipes
  • Bongs or water pipes
  • Jewelry or postal scales
  • Pipes disguised as pens, incense, key chains or other items
  • Any product containing ephedrine, pseudoephedrine, red phosphorus, lithium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine or their salts, isomers or salts of isomers
  • These when combined with ordinary and lawful products that are necessary to create illegal substance
You may be thinking that some of these things have innocent purposes. You'd be correct. However, the Kansas prosecutor will be looking for other facts that support you having these items for drug use (ex. drug residue, your being under the influence, odors of drugs, attempts to conceal the items, etc.). Interestingly, Kansas has even outlawed the retail sale of some items that could be use for drug consumption or creation. 

Potential penalties - This can be charged as a drug or nondrug offense. The misdemeanor charges care potential incarceration 10 months (class A nonperson misdemeanor) up to 51 months  (level 4 drug felony). 

You have many available defenses to paraphernalia charge. Call an attorney with experience in handling these cases at (913) 602-7288. 

KANSAS CITY, KANSAS DRUG CRIMES DEFENSE

You do have defenses to the Kansas drug crimes, which include:
  • Lack of culpable mental state (ex. knowing, intentionally, etc.);
  • No your drugs;
  • Prescribed drugs;
  • Lack of evidence;
  • Improper search, stop or seizure;
  • Addiction, etc.
If addiction is responsible for your charges, you may have treatment options (instead of incarceration) available to you. This must be negotiated with the Kansas District Attorney. The State will not, and has no requirement to, offer you this option on their own. 

It is important to have Kansas criminal defense lawyer review the discovery in your case, and determine what additional defense and options you may have available.  Attorney T. Morton can help. Call NOW 913-602-7288. Visa and Mastercard are accepted. ​

KANSAS PENALTIES FOR DRUG CRIMES
(DRUG SENTENCING GRID)

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Your potential consequences begin at 10 months of jail and can increase to over 17 years in prison quickly. This will depend upon the charges you are convicted of, any aggravating factors and where you land on the sentencing grid. This can also be a Kansas federal charge where the penalties are far stiffer. In addition, you will have fees, fines, penalties and supervision requirements upon your release. Don't handle this alone. Call Attorney T. Morton NOW 913-602-7288. 
ATTORNEY T. MORTON
​7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
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Serving Johnson County District Court in Kansas City, Kansas.
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