Possessing, distributing, or manufacturing any illegal substance in Kansas carries serious consequences that could land defendants in jail for a significant amount of time. If you are charged with a drug crime, it is important to remain calm and not to panic. A charge is very different from a conviction. Arrests are not always legal, nor are the searches. If you hire an experienced criminal defense lawyer to defend you, they will examine the circumstances of your arrest and the evidence against you and will fight for your rights under the Constitution.
Under suspicion of selling or trafficking drugs? Arrested for illegal possession of methamphetamine? Let Wichita criminal defense attorney James R. Pratt put 20 years of criminal defense experience to work on your case. We're standing by to discuss your situation, so call us at (316) 262-2600 or reach out to us online to schedule a confidential consultation.
Drug Laws in Kansas
Kansas Statutes Annotated (K.S.A.) 21-5706 makes it unlawful to possess any form of illegal substance. That includes anabolic steroids, hallucinogens, stimulants, depressants, MDMA, and illegal prescription drugs.
K.S.A. 21-5703 makes manufacturing drugs of any type illegal, with a minimum $50,000 cash bond if arrested under this section. Distribution, manufacturing, cultivation, or possession of drugs using any form of communication facility is illegal per K.S.A 21-5707.
From possession of toxic vapors to selling precursors, Kansas drug laws cover every form of illegal substance imaginable, making it illegal to have any association with substances covered under the statutes. Familiarize yourself with these laws, or discuss what each may mean to your individual circumstance with a drug crime lawyer who has defended clients in similar situations.
Although marijuana reform has been in the works for several years, the only bill presented to legislators died in 2014.
Penalties for Drug Crime Convictions
Sentencing for Kansas drug offenses is based on this chart from the Kansas Sentencing Commission.
Each crime is assigned a severity level 1-5. (Level 1 is the most sever) Across the top, the person's criminal history is categorized based on the number of past crimes committed (A-I). (A is the highest criminal history and I is the lowest). Where the severity level and criminal history intersect is the grid box the Court will use in sentencing. The middle number is the standard or presumptive sentence. The lower number is the mandatory minimum, and the largest number is the maximum. In the shaded areas, there is a presumption probation and a border area; “border” means the sentence could be either imprisonment or probation.
Note that this chart is for felony sentences; possession of certain substances such as marijuana is a Class A misdemeanor in Kansas, punishable up to one (1) year in jail plus fines, fees, and probation. Subsequent offenses may push marijuana possession into the felony bracket.
Additionally, individuals could lose driving privileges, be confined to in-home detention, lose their right to state benefits, assigned mandatory drug counseling or rehabilitation, and more.
You should consult with Pratt Law LLC who can explain how the above grid may apply to your case.
Possible Defenses Against Drug Related Charges
You have the constitutional right to defend yourself against drug crimes. Pratt Law, LLC will make the following arguments on behalf of defendants facing significant jail time:
- Unwitting possession. An individual may possess drugs without prior knowledge or request. One example would be receiving an unknown package by courier that contained illegal drugs.
- Abuse of power. From illegal surveillance to planting illegal drugs on a person or their property, an experienced drug crimes lawyer can raise this defense if any illegal tactics were used to secure your arrest.
- Drug was prescribed. Prescription drugs kept inside an individual's vehicle may be completely legal if prescribed by a doctor. Police may mistake these drugs for controlled substances and falsely accuse the individual of selling them.
- Mistaken identity. If detectives have one person under surveillance, but arrest an individual who looks similar and has no drugs on them or their home, they've mistakenly identified the wrong individual.
- Past statute of limitations. Unless the charge involves murder, terrorism, or possession of weapons designed for mass destruction, the statute of limitations for felony drug offenses is five (5) years unless the state requests that the statute is tolled. Charging someone past that statute is grounds for dismissal.
- The substance wasn't a drug. For example, regular Tide detergent looks similar to cocaine when put into a small sandwich bag. Proving what you possessed wasn't a drug would mean the underlying charge would lack grounds for conviction.
- Miranda Rights violation. Statements made prior to the officer reading the arrestee their rights are inadmissible in court, and those statements are generally immune to prosecution. If rights were never read, the same applies.
Many defenses may apply to your case, so it's important to discuss your charges with a drug crimes lawyer who knows Kansas laws, defenses to your charges, and how charges may be lowered or dismissed.
Pratt Law, LLC Can Help Protect Your Rights
Put the powerful defense of Pratt Law, LLC in your corner, and your constitutional right to defend yourself against criminal charges will be upheld. We will work hard to develop the strongest possible defense on your behalf, and we'll stand by your side through the entire legal process. Don't fight drug charges alone; call Pratt Law LLC today at (316) 262-2600 to get the qualified representation you deserve.