No matter how you feel about the pros and cons of marijuana use, Kansas takes a firm stance against all activities related to the drug. Kansas enforces some of the strictest punishments nationwide when it comes to possessing, selling, and growing marijuana. If you stand accused in Johnson County, it is in your best interest to mount a solid criminal defense. At Henderson Legal Defense, LLC we’ve been working for over 30 combined years to help the people of Kansas fight for the best possible outcomes when they face serious drug charges in state and federal court. We are proud to redefine the way residents of Kansas including cities like Olathe, Overland Park, and Johnson County deal with the legal system. Our problem-solving focus is rooted in maintaining honest, open dialogues with those who find themselves charged with a crime.
What Should I Do If I Have Been Charged with a Marijuana Crime in Kansas?
If you have been charged with a marijuana-related drug crime in Kansas, there are several steps you should take to protect your rights and mount an effective legal defense.
Here are some steps you can take:
- Hire a Criminal Defense Lawyer: The first and most important step is to hire a trustworthy criminal defense lawyer who has experience handling drug cases in Kansas. It is advisable to select a criminal defense lawyer who has expertise in defending clients facing drug charge convictions. This can provide several advantages, such as in-depth knowledge of drug laws and criminal justice procedures, extensive experience in handling drug cases, ability to customize a legal strategy according to the case’s unique circumstances, and established relationships in the legal community that may lead to better outcomes.Your lawyer will be able to advise you on your legal rights, explain the charges against you, and help you understand your legal options.
- Understand the Charges: Your marijuana defense lawyer will explain the charges against you and what the potential penalties are for each charge. It is important to understand the severity of the charges and the potential consequences so that you can make informed decisions about your case.
- Gather Evidence: Your marijuana defense lawyer will conduct a thorough investigation of the facts and evidence related to your case. You can also help by providing any relevant information or evidence you have that may be useful in your defense. This could include witness statements, photographs, videos, or other physical evidence.
- Prepare a Defense Strategy: Your lawyer will work with you to develop a defense strategy tailored to the specific circumstances of your case. This may involve challenging the legality of the search or seizure that led to your arrest, arguing that the evidence against you was obtained illegally or that there is insufficient evidence to support the charges against you.
- Negotiate a Plea Deal: In some cases, it may be possible to negotiate a plea deal with the prosecutor. This could involve pleading guilty to a lesser charge in exchange for a reduced sentence or other favorable terms.
- Prepare for Trial: If your case goes to trial, your drug charge lawyer will prepare you for the trial and represent you in court. This may involve selecting a jury, presenting evidence and arguments in your defense, and cross-examining witnesses.
- Appeal the Conviction: If you are convicted, you may have the right to appeal the decision to a higher court. Your marijuana defense lawyer can advise you on the appeal process and whether it may be a viable option for your case.
Overall, the most important step you can take if charged with a marijuana-related drug crime in Kansas is to hire an experienced criminal defense lawyer who can help you understand your legal options and mount an effective defense.
Kansas has enacted some of the strictest laws in the United States prohibiting both the recreational and medicinal use of marijuana. If charged, it is imperative to seek the aide of a skilled marijuana drug crime attorney immediately.
Marijuana Laws in Olathe, Overland Park, and Johnson County, Kansas
In Kansas, it is illegal to possess any amount of marijuana, and doing so can result in misdemeanor charges and potential jail time. Cultivating, distributing, or selling any amount of marijuana is a felony offense with severe penalties, ranging from 14 months to 204 months in prison. Medical and recreational use of marijuana is not legal in Kansas, and even possessing marijuana for medical purposes is not a legal defense under state law. Penalties for marijuana offenses are severe, including lengthy prison sentences and steep fines. It is also illegal to possess any equipment, device, or materials used for consuming or preparing marijuana in Kansas. Finally, driving under the influence of marijuana is a criminal offense in Kansas, with penalties similar to those for driving under the influence of alcohol. If facing marijuana-related charges in Kansas, seeking the assistance of a practiced marijuana defense lawyer is highly recommended to understand legal rights and work towards the best possible outcome in the case.
Possession of Marijuana in Kansas
The penalties for possession of marijuana are harsh. Depending on the amount you are caught with, you could be facing a misdemeanor or felony charge. For first-time offenders, the court may exercise discretion and sentence you to probation instead of jail time, but a drug offense will still go on your criminal record. It’s worth noting that while some states have legalized marijuana for medical or recreational use, Kansas has not. Therefore, even if a person possesses marijuana legally in another state or has a medical marijuana registration card, bringing it into Kansas can result in criminal charges.
Sale or Distribution of Marijuana in Kansas
The sale or distribution of marijuana is a felony offense in Kansas. The penalties become more severe if the transaction took place within 1,000 feet of a school or if you sold to a minor. You can be fined up to $500,000 and sentenced to up to 25 years in prison for selling marijuana.
Cultivation of Marijuana in Kansas
It is also against the law to grow marijuana in Kansas. Cultivation is considered a felony offense and is punishable by up to 17 years in prison and a $500,000 fine.
Kansas has some of the toughest marijuana laws in the country. If you have been charged with a drug offense, it is important to seek experienced legal representation. At Henderson Legal Defense, LLC we have the knowledge and skill to help you fight for the best possible outcome in your case. Contact our marijuana defense attorney today to schedule a consultation.
Possession of Drug Paraphernalia in Kansas
The possession of drug paraphernalia is also illegal in Kansas. This can include items like bongs, pipes, rolling papers, and roach clips. The penalties for possession of drug paraphernalia are less severe than those for possession of marijuana, but you can still be fined up to $2,500 and sentenced to up to one year in jail.
Driving Under the Influence of Marijuana
In Kansas, it is illegal to drive under the influence of any controlled substance — including marijuana. The state’s DUI laws make it a crime to operate a vehicle with a blood alcohol content (BAC) of .08% or higher. However, you can still be arrested and charged with driving under the influence of drugs if your BAC is lower than .08% and you are impaired while driving.
Determining whether someone is impaired while driving can be difficult, as there is no set limit for the amount of marijuana that can make a person too impaired to drive, as there is with alcohol. However, law enforcement officers and prosecutors will often look at factors such as whether you were swerving, whether you had bloodshot eyes, and whether you exhibited other signs of impairment.
Transporting Marijuana Across State Lines
It is illegal to transport marijuana into or out of Kansas. This is true even if you are transporting the drug from a state where it is legal to a state where it is not. This is because cannabis is still considered an illegal narcotic under federal law. The possession of marijuana, marijuana use, cultivation, and transportation of cannabis across state lines are federal offenses. If you are caught transporting marijuana across state lines, you can be charged with a federal crime.
The penalties for trafficking marijuana across state lines depend on the amount of the drug involved. For example, if you are caught with 100 kilograms or more of marijuana, you can be sentenced to up to life in prison and fined up to $10 million.
Marijuana Charges In Kansas
Although Kansas take a less strict stance towards possession of marijuana than they would for other drugs, the charges you are up against are serious and can easily compound and worsen. For instance, you may be charged with serious distribution crimes if police find marijuana packaged in separate bags or a large quantity of the drug on your person or property — even if it was intended for personal use only. Depending on what you are accused of and whether you’re convicted, you could potentially be sentenced to penalties such as:
- Up to 204 months in prison and a fine of up to $500,000 for distributing 30 kilograms or more of marijuana or cultivating 100 or more plants as a level 1 drug felony
- Up to 144 months in prison and a fine of up to $500,000 for distributing 450 grams but less than 30 kilograms of marijuana or cultivating 50 to 99 marijuana plants as a level 2 drug felony
- Up to 83 months in prison and a fine of up to $300,000 for distributing at least 25 grams but less than 450 grams of marijuana or cultivating 5 to 49 marijuana plants as a level 3 drug felony
- Up to 51 months in prison and a fine of up to $300,000 for distributing less than 25 grams of marijuana as a level 4 drug felony
- Up t0 42 months in prison and a fine of up to $100,000 for third and subsequent convictions for possession of marijuana as a level 5 drug felony
- Up to 1 year and up to a $2,500 fine for a second conviction of possession of marijuana as a class A misdemeanor
- The penalties increase if distribution is within 1,000 feet of a school or a firearm is possessed.
Multiple Marijuana Convictions in Kansas
It’s important to understand that being charged with multiple offenses related to marijuana possession, cultivation, distribution, or trafficking can result in significant legal and financial consequences. Each charge carries its own potential penalties, including fines, probation, and prison time.
In addition to the immediate legal consequences, being convicted of multiple marijuana-related charges can have long-term impacts on a person’s life. They may face difficulties finding employment, obtaining loans or housing, and may lose certain civil rights, such as the right to vote or own firearms. Overall, facing multiple marijuana-related charges in Kansas is a serious matter, and it’s important to work with an experienced criminal defense attorney who can help protect your rights and defend your case.
Repeat Marijuana Convictions in Kansas
In Kansas, marijuana possession is considered a criminal offense, and multiple convictions for marijuana possession can result in increasingly severe penalties, including mandatory minimum sentences and enhanced fines. This means that if a person has been convicted of marijuana-related offenses in the past, they may face mandatory prison time or higher fines if convicted of additional charges. Multiple convictions for marijuana possession in Kansas could result in:
- First conviction: A first-time marijuana possession conviction in Kansas is typically considered a Class B misdemeanor offense, punishable by up to six months in jail and a maximum fine of $1,000.
- Second conviction: A second marijuana possession conviction in Kansas is typically considered a Class A misdemeanor offense, punishable by up to one year in jail and a maximum fine of $2,500.
- Third or subsequent conviction: A third or subsequent marijuana possession conviction in Kansas is typically considered a felony offense, punishable by a minimum of 14 months and up to 51 months in prison, and a maximum fine of $100,000.
The severity of the penalties may depend on the amount of marijuana involved, as well as other factors, such as prior criminal history. Additionally, in some cases, a person may be eligible for probation or alternative sentencing programs, depending on the circumstances of their case. However, repeat convictions for marijuana possession in Kansas can have serious consequences, including significant jail time and fines. It should be emphasized that every case is unique, and the defenses available will depend on the specific facts and circumstances involved. A skilled drug crime attorney can review the details of the case and determine the best defense strategy to pursue.
Defenses Against Kansas Marijuana Charges:
- Illegal search and seizure: The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures by law enforcement. If drugs were obtained through an illegal search, without a warrant or probable cause, they may not be admissible as evidence in court.
- Lack of knowledge or intent: If a person was unaware that the substance in their possession was illegal or did not have the intent to possess or distribute drugs, they may have a valid defense. For example, if someone borrowed a friend’s car without knowing that drugs were hidden in it, they may not be guilty of drug possession.
- Chain of custody: The prosecution must be able to prove that the drugs seized by law enforcement were in fact the drugs in question. If there are issues with the chain of custody, such as evidence being mishandled or tampered with, the defense may argue that the drugs cannot be reliably identified
What an Expert Marijuana Defense Attorney Can Do For You:
- Knowledge of Kansas Marijuana Laws: A skilled attorney will have in-depth knowledge of Kansas marijuana laws and can help you understand the charges you are facing and the potential penalties.
- Protection of Your Rights: Your attorney will work to protect your rights throughout the legal process, including ensuring that law enforcement officials followed proper protocol in the arrest and search procedures.
- Building a Strong Defense: An experienced attorney can evaluate the evidence against you and develop a strong defense strategy, potentially leading to reduced charges or even dismissal of the case.
- Negotiating Plea Deals: If a plea deal is in your best interest, your attorney can negotiate with the prosecutor to secure a deal that minimizes the potential penalties.
- Minimizing Penalties: If you are found guilty, your attorney can work to minimize the penalties you face, such as reduced fines or probation instead of jail time.
- Experience in the Courtroom: A skilled attorney will have experience in the courtroom and can effectively represent you before a judge and jury.
- Peace of Mind: Hiring an attorney can provide peace of mind during a stressful and uncertain time, knowing that you have someone on your side fighting for your rights.
Hiring a skilled Kansas marijuana drug crime attorney is essential to protecting your rights and achieving the best possible outcome in your case. Fighting the drug charges filed against you is vital to your future. Our marijuana defense lawyers firmly believe in being honest about your prospects and informing you fully so you can choose the wisest course of action. Our experienced team strives to help you understand how the law applies to your unique circumstances so you can decide how to best respond and minimize the fallout.
Schedule a Free Consultation with a Skilled Marijuana Drug Crime Attorney Today
There is no such thing as a foregone conclusion in the criminal justice system. Even though police and prosecutors may tell you that you are sure to be convicted and sentenced, accepting the plea bargains and deals they offer isn’t always the best option. Talk to a marijuana defense attorney at Henderson Legal Defense today to find out how we can defend your rights.
Serving Overland Park, Olathe, and Johnson County, Kansas
If you are facing marijuana-related charges in Kansas, don’t hesitate to seek the assistance of our knowledgeable marijuana defense lawyer who can help you navigate the legal system and fight for your rights. Our drug crime attorney represent clients in Olathe, Overland Park, Leawood, Johnson County, and the entire Kansas City area. Marijuana laws may be slower to change in states like Kansas and Missouri than they are elsewhere, but staying informed can help you navigate your case towards a better ending. Speak with our law office today by calling 913-380-4305, or contact us to schedule a no-cost consultation.