Drug Crime Defense Attorneys in Topeka, Kansas

If you’re confused about the drug laws in the U.S., you’re probably not alone. As some states begin to decriminalize and legalize marijuana and opioid abuse hits the headlines across the country, many individuals are unsure how the laws in Kansas affect them. You should be aware that all drug crimes in Kansas carry potentially harsh penalties, and you risk life-changing consequences if convicted.

If you are arrested on drug charges, speak to the experienced drug crime lawyers at Irigonegaray & Revenaugh, LP in Topeka, Kansas.

During a free initial discussion, we can take the first steps to prepare your defense against the following drug charges:

• Possession of controlled dangerous substances (CDS) 
• Possession with intent to distribute
• Possession of drug paraphernalia

How does Kansas classify controlled dangerous substances (CDS)?

In Kansas, CDS are divided into five different “schedules”, which detail various drug types.

Those included in Schedule I are considered:

• The most dangerous
• The most likely to lead to abuse and addiction
• Of no recognized medical value

The substances listed in Schedules II – V decrease in their perceived danger and risk of abuse and/or increase in their perceived medical value.

You can check which substances are included in each schedule in the appropriate Kansas statute.

The possession of CDS without a valid medical prescription is illegal and you will be charged if stopped and found to be in possession of illicit drugs.

Charges for possession, distribution or production of any of the listed substances are serious and there is a low tolerance for those who break the drug laws in Kansas.

Drug crime penalties for possessing CDS’s in Kansas

The penalties for the possession of CDS in Kansas generally vary in severity with the class of drugs involved.

Judges will hand down punishments based on sentencing guidelines that consider both the offense and the criminal history of the defendant.

Prison sentences are open to considerable interpretation from the judge but guideline penalties are in place.

Penalties for possession of specific CDS from all schedules 

Different substances from different schedules can attract the same guideline penalties in Kansas.

Possession of the following CDS is a class A nonperson misdemeanor that can incur a fine of up to $2,500, up to one year in jail or both:

• Any Schedule I CDS
• Depressants in Schedules I, II, III, and IV
• Stimulants from Schedules I, II, and III
• Hallucinogenic CDS in Schedules I, II, or III
• Anabolic steroids from Schedule III
• Other specified CDS from Schedules II, III, and IV

If you have a prior conviction, the offense is raised to a level 4 felony, incurring a fine of up to $100,000, prison time, or both.

Drug crime penalties for possession of Schedule II drugs

Possession of any opiate, narcotic, or stimulant detailed in Schedule II is classified as a level-four felony and will incur a fine of up to $100,000, prison time, or both.

Drug crime penalties for possession of Schedule V drugs

Possession of any opiate, narcotic, or stimulant detailed in Schedule II is classified as a class A nonperson misdemeanor and will incur a fine of up to $2,500 and up to one year in prison, or both.

Drug crime penalties for possession of CDS precursors

CDS precursors are substances used to manufacture CDS. Some common examples are:

• Ephedrine
• Pseudoephedrine
• Red phosphorus
• Lithium or sodium 
• Iodine
• Certain forms of ammonia

Possession of these substances with intent to produce illicit drugs is classified as a level-two felony that may incur a fine of up to $300,000, prison time, or both.

What are the drug paraphernalia laws in Kansas?

Drug paraphernalia laws refer to items that are used in the cultivation or distribution of marijuana, which is illegal in Kansas.

These items can be used to:

• Grow
• Harvest
• Process
• Sell
• Store
• Use marijuana

The penalties for possession and manufacture/distribution vary greatly, largely depending on past criminal history.

Possession of drug paraphernalia

If you are found using paraphernalia or in possession of it with intent to use, it is classified as a level-five drug felony. 

This can result in up to 42 months in prison, a fine of up to $100,000, or both. Paraphernalia used to cultivate four or fewer plants or to store marijuana will be treated as a Class B nonperson misdemeanor, with lighter penalties associated.

Manufacture/distribution of paraphernalia

Manufacturing or distributing drug paraphernalia in the knowledge that it would be used to grow, process, store, or use marijuana will lead to a class A nonperson misdemeanor charge.

This is punishable by a fine of up to $2,500, up to one year in jail, or both, with harsher penalties applying if the offense occurs near a school (see below).

What are marijuana possession laws in Kansas?

Kansas is not one of the states where marijuana has been decriminalized.

As such, if you are found to be in possession of any amount of marijuana (even for personal use), you can be charged.

The offense is classified as a class B nonperson misdemeanor and even a first conviction is punishable by a fine of up to $1,000, up to six months in jail, or both. 

Subsequent convictions are treated more harshly. Repeat offenders may be charged with a level-five drug felony, with substantial fines and prison time.

What are the penalties for marijuana cultivation and distribution?

With our strict marijuana laws in Kansas, you won’t be surprised to hear that there are harsh penalties for cultivating marijuana (having five or more marijuana plants), distributing it, or possessing it with the intent to distribute.

The penalties vary according to the amounts of the drug involved and previous criminal history. The following are some basic guidelines for cultivating or distributing marijuana:

• Distributing less than 25 grams: a level-four drug felony resulting in up to 51 months in prison, a fine of up to $300,000, or both.
• Distributing 25 grams to 450 grams or cultivating between five and 50 plants: a level-three drug felony, resulting in up to 83 months in prison, a fine of up to $300,000, or both.
• Distributing 450 grams to 30 kilograms or cultivating 50 to 100 plants: a level-two drug felony, resulting in up to 144 months in prison, a fine of up to $500,000, or both.
• Distributing 30 kilograms or more or cultivating 100 or more plants: a level-one drug felony, resulting in up to 204 months in prison, a fine of up to $500,000, or both.

If you are caught distributing marijuana within 1,000 feet of a school in Kansas, the criminal charge will be increased by one level.

With such serious consequences for any drug charge in Kansas, it’s important to speak to the criminal defense lawyers at Irigonegaray & Revenaugh, LLP in Topeka as soon as possible after being arrested.