Possession of Marijuana in Kansas
Let an Olathe Drug Crimes Attorney Defend Your Rights
Possession of marijuana (tetrahydrocannabinol or THC) can be charged as
either a felony or a misdemeanor. It is a misdemeanor if the drug was
only for personal use
and if it is the defendant’s first conviction. Even if it is a second
time, it may be possible to resolve the charge as a misdemeanor, especially
if it is charged as such. Unfortunately, it could be amended or dismissed
and charged as a felony.
What constitutes marijuana possession crimes?
How does the prosecutor determine whether it should be charged as a misdemeanor
or a felony? They look at several factors including:
- Was the marijuana in several different baggies, thus indicating possible
distribution instead of mere personal use
- Was a scale found, thus indicating intent to sell
- What is the Defendant’s criminal record
- The quantity of marijuana found
If it is charged as a Kansas misdemeanor, it is a class A misdemeanor,
carrying up to 12 months jail and up to a $2,500 fine. Typically, misdemeanor
marijuana charges can be resolved without jail time, except in courts
like Overland Park, KS, where they require at least two days custody.
If it is charged as Kansas state felony, it is a Level 5 drug crime, which
carries between 10 months and 42 months prison, and a fine up to $100,000.
Johnson County Drug Crimes Attorneys Can Represent You
Over the years, we have defended many people charged with possession of
marijuana in Kansas. Defenses vary case to case and have included issues such as:
- Lack of probable cause to search the Defendant
- Reasonable Doubt that the Defendant actually possessed, exerted control
over, or knew about the marijuana
If you are charged with a drug crime like possession of marijuana, contact
the best criminal defense attorney you can find right away. They could
potentially make a huge difference in the outcome of your case. Over the
years, we have defended many clients charged with possession of marijuana.
Contact us to speak with an experienced Kansas criminal defense lawyer.