Marijuana Possession Defense Lawyers in Topeka, Kansas

Marijuana Possession in Kansas comes with serious legal consequences. Unlike some states that have decriminalized or legalized marijuana, Kansas maintains strict laws against its possession, even for personal use. Whether it’s a small amount or larger quantities, any drug possession is considered a crime, with penalties ranging from hefty fines to jail time. Kansas classifies marijuana as a Schedule I substance, emphasizing its high potential for abuse and lack of recognized medical value.

A first-time offense for personal use is typically charged as a Class A misdemeanor, which could mean up to a year in jail and a $2,500 fine. However, repeat offenses or larger amounts can escalate to felony charges with harsher penalties. It’s important to understand that Kansas law doesn’t allow exceptions for medical or recreational use, making possession illegal under any circumstances. Knowing the potential consequences is crucial if you’re navigating Kansas’ strict marijuana laws.

Possession of Marijuana for Personal Use in Kansas

Possession of marijuana for personal use in Kansas refers to having direct or constructive control over the drug for non-distributive purposes. Under Kansas law, possession of any amount is illegal, regardless of intended use or context. Marijuana is classified as a Schedule I substance in the state, which signifies a high potential for abuse and no recognized medical utilization.

First-time possession of marijuana in Kansas is categorized as a Class A misdemeanor. Convictions may result in up to 12 months in jail and a fine of $2,500. However, most first-time offenders often qualify for probation or diversion programs. Diversion allows you to meet specified legal requirements to potentially have the charges dismissed, avoiding a conviction on your record.

Subsequent arrests lead to more significant consequences. Repeat offenses are generally treated as felonies, carrying harsher penalties, including potential prison sentences. The legal system evaluates your prior criminal record to determine the severity of charges and punishment.

Medical or recreational exceptions are not allowed under Kansas law. Possessing marijuana for any purpose remains a criminal offense.

Kansas Marijuana Diversion Program

The Kansas Marijuana Diversion Program offers first-time offenders an opportunity to avoid a criminal conviction for possession of marijuana. Diversion agreements typically involve completing specific conditions rather than facing jail time. These conditions often include obtaining a substance abuse evaluation, attending recommended classes or treatment programs, and meeting regularly with a diversion supervisor.

Complying with the agreement’s terms, such as remaining out of legal trouble throughout the diversion period, leads to the dismissal of possession charges. However, failure to meet the requirements results in the revocation of the agreement, with charges proceeding through the standard criminal process.

Costs associated with diversion can be substantial. Besides the fines and court fees, there’s a $400 lab fee for marijuana testing conducted by the Kansas Bureau of Investigation or Johnson County Crime Lab, significantly increasing the financial burden. Understanding the details of this program is essential if you’re charged with marijuana possession under Kansas law.

Defenses in a Kansas Possession of Marijuana Case

Various defenses can challenge a possession of marijuana charge in Kansas. These strategies depend on the specifics of your case and how law enforcement handled the investigation.

1. Proving Ownership

The prosecution must establish that the marijuana belonged to you. Being near the substance or in the same location isn’t enough for conviction. If there’s no direct evidence linking you to possession, this element of the case may fall apart.

1. Unlawful Searches and Seizures

The Fourth Amendment protects you from illegal searches. If law enforcement violated this right, any marijuana discovered during the unlawful search may be excluded from evidence. For example, searching your car or home without a valid warrant or probable cause could render the evidence inadmissible.

1. Constitutional Rights Violations

Any violation of your constitutional rights during your arrest or interrogation could impact the case. Failing to read your Miranda rights before questioning or withholding exculpatory evidence could result in a dismissal.

1. Mistaken Identity or Lack of Knowledge

If you were unaware that marijuana was in your possession, this could serve as a defense. For instance, if someone else left the substance in your car or home without your knowledge, this lack of intent becomes critical.

1. Chain of Custody Issues

Prosecutors must prove the marijuana presented in court is the same substance allegedly found during your arrest. Any mishandling, contamination, or loss of evidence could weaken their case.

1. Incorrect Substance Identification

Laboratory testing must confirm the substance is marijuana. If tests were inconclusive, mishandled, or not conducted, the prosecution may fail to prove their case.

Focusing on these defenses can be vital for navigating strict Kansas laws regarding possession of marijuana. Seek legal guidance with Irigonegaray & Revenaugh to determine the best approach based on the facts of your case.

Possession of Marijuana with Intent to Sell in Kansas

In Kansas, possessing marijuana with the intent to sell or distribute it is treated as a felony offense, regardless of the quantity or circumstances. State law classifies marijuana as a Schedule I substance, attributing it to a high potential for abuse with no accepted medical use. This classification leads to severe penalties for intent to sell marijuana, even in minimal amounts.

The severity of felony charges is determined by the quantity of marijuana involved. Possession of less than 25 grams with intent to distribute is a level 4 felony. Possession of 25 to 450 grams is classified as a level 3 felony. Larger quantities result in harsher charges, with 450 grams to 30 kilograms being a level 2 felony and 30 kilograms or more being a level 1 felony. Convictions can lead to significant prison terms and hefty fines, emphasizing the state’s zero-tolerance stance.

Passing marijuana, even in small amounts like handing a joint to a friend, constitutes distribution under Kansas law. This makes the act a felony, regardless of any financial exchange or lack thereof. The law does not differentiate between sales for profit and non-commercial sharing, treating all forms of distribution with the same seriousness.

The consequences expand beyond criminal penalties. Having a felony charge for marijuana-related offenses affects your criminal record, which can impact future employment and housing opportunities. Understanding the legal implications of possessing marijuana with intent to sell is critical for navigating Kansas’s strict drug laws.

Cultivation of Marijuana in Kansas

Cultivating marijuana in Kansas carries serious legal consequences. The state defines cultivation as growing five or more marijuana plants, applying strict penalties based on the number of plants involved. Kansas law classifies marijuana under Schedule I substances, which means cultivation offenses are treated as felonies with severe punishments.

• Five to fewer than 50 plants: This constitutes a level 3 drug felony with penalties of 46 to 83 months in prison, fines up to $300,000, or both.
• 50 to fewer than 100 plants: This is a level 2 drug felony, punishable by 92 to 144 months in prison, fines up to $500,000, or both.
• 100 or more plants: This is the most severe, a level 1 drug felony, carrying penalties between 138 and 204 months in prison and fines up to $500,000.

Whether or not plants are mature or in a growing state does not impact the categorization. These charges can stack with other violations, such as possession of marijuana or paraphernalia, increasing the overall penalties.

CBD products containing zero THC are explicitly excluded from Kansas’s definition of marijuana and are legal to cultivate, possess, and sell under proper licensing. However, all other cannabis cultivation, regardless of intent, is illegal and attracts felony charges.

Contact Irigonegaray & Revenaugh Today

Kansas’s marijuana laws are among the strictest in the country, leaving little room for error when it comes to possession or cultivation. Whether you’re dealing with possession, intent to distribute, or cultivation, the penalties are severe and can have long-term consequences on your life. Even first-time offenders face significant legal and financial challenges, highlighting the importance of understanding your rights and the legal system.

If you’re charged with marijuana possession or related offenses, seeking legal advice is crucial. An experienced attorney at Irigonegaray & Revenaugh can help you explore possible defenses, navigate diversion programs, and work toward minimizing the impact on your future. Call us at 785-267-6115 or contact us directly online for a free consultation.