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 a scale found, thus indicating intent to sell
- What is the Defendant’s criminal record
- The quantity of marijuana found
- Was the marijuana in several different baggies, thus indicating possible distribution?
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 marijuana defense lawyer.
Read What Our Former Clients Have Said
"Professional, informative, and vital in working with the prosecutor to secure the most favorable outcome possible".Barb
"Jerry kept in constant contact with us and our son during the case and went the extra mile to plea before the judge outside and inside the courtroom".Joanne from Nebraska