Marijuana Possession Charges in Kansas: What to Know as States Legalize the Drug

Marijuana possession charges in Kansas are a risk for residents who purchase the drug legally at the state level in surrounding regions.

Although medical marijuana is legal in Oklahoma and Colorado and Missouri allow recreational use, marijuana possession and distribution remain illegal in Kansas. Even if you buy marijuana in another state, you can still be arrested on simple possession or possession with intent to distribute charges.

If you are convicted on marijuana charges, the punishment can be serious with the potential for years in prison and expensive fines. But state lawmakers have created rules for certain offenders to avoid time in jail.

A knowledgeable criminal defense attorney can help you navigate the courts and navigate the complexities of marijuana laws, potentially reducing or even removing the charges against you.

Simple marijuana possession charges in Kansas

In Kansas, you can be charged with either a misdemeanor or felony for possessing marijuana, depending on your criminal history. For a first-time offender, possession of marijuana is a Class B misdemeanor with a maximum sentence of six months in jail. A second conviction is a Class A misdemeanor punishable by up to one year in jail. A third time offense is a felony offense with a potential prison sentence in the range of 10 to 42 months in prison.

Possession with intent to distribute marijuana in Kansas

Possession with the intent to distribute marijuana in Kansas is a felony. Similar to other types of drugs offenses, the police and prosecutors can bring a distribution charge no matter the amount in your possession.

The amount of marijuana and the number of plants being cultivated can affect the felony level of the charge.

  • If you’re caught with less than 25 grams of marijuana, you may be charged with a level 4 felony and sentenced to 14 months to 51 months in prison.
  • Someone caught with 25 grams to 450 grams of marijuana or between five and 49 plants could be charged with a level 3 felony. The possible sentence ranges between 46 months and 83 months in prison.
  • Anyone with 450 grams to 30 kilograms of marijuana can be charged with a level 2 felony and face 92 months to 144 months in prison.
  • If you are caught with more than 30 kilograms of marijuana, it’s a level 1 felony punishable between 138 months and 204 months in prison.

SB 123 and marijuana charges

If you’re convicted of possession with intent to distribute in Kansas, or simple possession of marijuana you could avoid going to prison altogether. Recently, lawmakers enacted Senate Bill 123 in an effort to reduce the number of people entering the state’s prison system and provide opportunities for rehabilitation. The law enables nonviolent offenders without drug manufacturing or distribution convictions to get substance abuse treatment rather than a prison sentence.

If you’ve been arrested and charged with possession or possession with intent to distribute marijuana in Wichita, Kansas, or the surrounding areas, it’s important to immediately contact a criminal defense attorney. At the Koop Law Firm, Jeremy D. Koop has years of experience both as a prosecutor and a defense lawyer, building knowledge and expertise on defending clients against marijuana charges.

The information provided in this article does not constitute legal advice; it is for general informational purposes only.

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