Meth charges in Kansas are serious, and getting arrested on possession or distribution charges is likely overwhelming. Depending on the level of charge, you could be facing years in prison and substantial fines.

It’s important to remember that no matter the evidence, you can build an effective legal strategy and defend your rights. Though meth charges carry serious consequences, Kansas lawmakers created laws to help people get help and potentially avoid prison. 

If you’ve been charged with meth possession or distribution, immediately contact a criminal defense attorney. Attorneys can assist you in navigating the legal process, develop an effective defense, and ensure your rights are protected. 

Possession of meth charges in Kansas

A methamphetamine possession charge in Kansas is a level 5 felony. If convicted, defendants can be sentenced to prison for 10 to 42 months and fined up to $100,000, depending on their criminal history.

Some offenders charged with the possession of meth may be eligible for probation. Under Senate Bill 123, nonviolent adult offenders without prior convictions for drug trafficking, drug manufacturing or drug possession with intent to sell can qualify for substance abuse treatment and avoid prison time. 

Possession with intent to distribute meth charges in Kansas

In Kansas, possession with the intent to distribute meth carries the potential for 17 years in prison and $500,000 in fines. However, the charges could result in probation or just over a year in prison, depending on the circumstances. 

The charges range from a level 4 felony up to a level 1 felony, which is the most serious. For each type, the severity level increases if it occurs within 1,000 feet or less of school property.

Level 4 felony

Defendants in Kansas are charged with a level 4 felony if they’re arrested with less than 1 gram of meth and accused of intent to distribute the drug. If convicted, they face between 14 months and 51 months in prison and a $300,000 fine. 

Similar to a level 5 felony charge, a defendant could be sentenced to probation if they have a limited criminal history. However, defendants with a lengthier criminal record are more likely to be sentenced to prison. 

Level 3 felony

A defendant caught in possession of 1 gram to 3.5 grams of meth with the intent to distribute will be charged with a level 4 felony in Kansas. They face the possibility of 46 months to 83 months in prison and a $300,000 fine. They are not presumed to be eligible for probation. 

Level 2 felony

If someone is caught with 3.5 grams to 100 grams of meth in Kansas, they will be charged with a level 2 felony. They could be sentenced to prison between 92 months and 144 months and face the possibility of a $500,000 fine.

Level 1 felony

A person in possession of 100 grams or more of meth in Kansas is charged with a level 1 felony, the most severe drug charge in the state. They could be sentenced anywhere between 138 months and 204 months in prison, depending on their criminal history.

Common defenses against Kansas meth charges

If you’ve been arrested on meth charges in Kansas, you likely have defenses to reduce or eliminate your sentence. Additionally, an attorney could connect you with drug rehabilitation as part of plea negotiations.

Some common defenses against meth charges include:

• The drugs weren’t in your possession: Prosecutors must prove beyond a reasonable doubt that you possessed meth. For example, if you were merely present where police found drugs, you could use this in your defense.
• Improper search: For instance, if a police officer pulled you over or searched your home without a valid warrant or probable cause, an attorney could help reduce or even withdraw the charges. 
• Failure to maintain chain of custody: Properly handling evidence is critical during a criminal investigation. If the authorities make mistakes in the chain of custody, your attorney could use this evidence in your defense.
• Improperly obtained confession: The police must read your Miranda rights if they want to ask questions and use the answers in the investigation. If they fail to do so or improperly coerce a confession, this could be used in your defense.

Don’t delay contacting a criminal defense attorney if you’ve been arrested on meth charges in Wichita, Kansas, or the surrounding area. Jeremy D. Koop has years of experiences on both sides of the courtroom. He can support you through this stressful time, guide you through the legal process, and develop a strategic legal defense.