What Should I Do if I’m Charged With Marijuana Possession in Kansas?

Posted: November 25, 2025 at 2:46 pm

Are you facing marijuana possession charges in Kansas? The state has strict drug laws and the possibility of significant penalties. Even a small amount of cannabis can lead to criminal charges that jeopardize your employment prospects, housing options, and personal freedom. You need an attorney who can protect your rights from the start.

Contact Henderson Legal Defense at (913) 359-3789 to schedule a free consultation with a Kansas marijuana possession defense lawyer who will protect your rights and build a strong defense strategy. 

Possession of Marijuana in Kansas

Kansas maintains some of the strictest marijuana laws in the nation, with no legal exceptions for medical or recreational use. Regardless of the amount or intended use, possession of marijuana remains a criminal offense under Kansas Statutes § 21-5706. Law enforcement actively pursues these charges throughout Kansas communities:

  • First Offense: Possession of any amount is a Class A misdemeanor, punishable by up to six months’ imprisonment and fines of up to $1,000.
  • Second Offense: A second conviction is a Class A misdemeanor, punishable by up to one year in jail and fines of up to $2,500.
  • Third or Subsequent Offense: Additional convictions result in a level 5 felony punishable by 10 to 42 months of imprisonment and a maximum fine of $100,000.
  • Possession with Intent to Distribute: Distribution charges bring significantly harsher penalties, including longer prison sentences and higher fines based on the amount involved.

Beyond immediate criminal penalties, a marijuana conviction creates lasting consequences that extend far beyond your sentence. You may face difficulty finding employment, lose professional licenses, encounter barriers to educational opportunities, and experience challenges securing housing or financial aid. Additionally, a drug conviction can impact child custody arrangements, immigration status, and your eligibility for certain government benefits.

What Should I Do if I’m Charged With Marijuana Possession in Kansas?

The steps you take immediately after an arrest can significantly influence the outcome of your case. Knowing your rights and making informed choices helps protect you from self-incrimination and strengthens your overall defense.

  • Remain Silent: You have a constitutional right to refuse to answer questions without an attorney present. Police officers may use friendly conversation tactics to gather incriminating statements, so you should politely decline to discuss the circumstances of your arrest or any related matters.
  • Do Not Consent to Searches: Law enforcement must have probable cause or your permission to search your vehicle, home, or belongings. Refusing consent does not make you look guilty; it protects your Fourth Amendment rights and may limit the evidence prosecutors can use against you.
  • Seek Legal Representation: Contact a defense attorney immediately, preferably before making any statements or important decisions about your case. We can communicate with law enforcement on your behalf, protect you from coercive interrogation tactics, and begin building your defense right away.

Following these steps protects your constitutional rights and prevents law enforcement from gathering additional evidence against you. The decisions you make in the hours following your arrest can be the difference between a favorable resolution and a conviction with lasting consequences.

Why You Need a Kansas Marijuana Possession Defense Attorney

We bring knowledge of Kansas drug laws, local court procedures, and proven defense strategies to every marijuana possession case we handle. Our experience allows us to identify weaknesses in the prosecution’s case, negotiate favorable plea agreements, or take your case to trial when necessary to protect your freedom and future.

Understanding Local Differences

Although Kansas law controls marijuana possession charges statewide, local prosecutors, judges, and law enforcement agencies often enforce these laws differently from one county to the next. We understand how Johnson County, Wyandotte County, Sedgwick County, and other jurisdictions typically approach marijuana cases, allowing us to tailor your defense to the specific practices in your area. Our familiarity with local courts and personnel gives you a strategic edge in both negotiations and courtroom proceedings.

Challenging the Evidence

Many marijuana possession cases involve constitutional violations or procedural errors that can lead to dismissal or suppression of evidence. We thoroughly examine every aspect of your arrest to identify potential defenses:

  • Illegal traffic stops conducted without reasonable suspicion
  • Searches conducted without probable cause or valid consent
  • Violations of your Miranda rights
  • Improper handling or testing of evidence
  • Chain of custody problems with the seized marijuana
  • Lack of knowledge or constructive possession issues
  • Entrapment or police misconduct
  • Marijuana belonged to someone else

Successfully challenging the legality of a search or the reliability of evidence can result in charges being dismissed or significantly reduced penalties. Under Kansas Statutes § 22-3216, illegally obtained evidence may be suppressed, meaning prosecutors cannot use it against you at trial. 

The defense strategy we choose depends on the specific facts of your case and your goals for resolution. Some cases demand aggressive litigation to suppress evidence or win at trial, while others benefit from strategic negotiation to minimize consequences and protect your future.

Negotiating with the Prosecutor

Many marijuana possession cases are resolved through negotiation rather than trial, and we utilize our relationships with local prosecutors to secure favorable outcomes for our clients. We may negotiate for reduced charges, alternative sentencing options, or dismissal in exchange for completing specific conditions. Our goal is to minimize the impact of charges on your life while avoiding the risks and uncertainties of trial when appropriate.

Marijuana Diversion Programs

In some jurisdictions, Kansas offers diversion programs that allow first-time offenders to avoid conviction and complete alternative sentencing requirements. At Henderson Legal Defense, we fight for first-time offenders to avoid conviction by completing the following:

  • Probation
  • Drug education classes
  • Community service
  • Regular drug testing

Successfully completing a diversion program results in dismissed charges and no criminal record, preserving your future opportunities. We can determine your eligibility for diversion, advocate for your acceptance into the program, and guide you through the requirements to ensure successful completion.

Have You Been Charged With Marijuana in Kansas? Schedule a Free Consultation Now

A marijuana possession charge does not have to derail your life or define your future. We have successfully defended countless clients facing drug charges throughout Kansas, and we know how to challenge evidence, negotiate with prosecutors, and fight for the best possible outcome in your case. 

Call Henderson Legal Defense at (913) 359-3789 or fill out our online intake form to schedule a free consultation with an award-winning Kansas marijuana possession defense lawyer. Don’t wait another day to assemble your defense team.