While some other states have taken steps in recent years to decriminalize or even legalize the possession and use of certain controlled substances, Kansas state law still treats drug offenses extremely harshly. A single conviction for drug possession could lead to you facing both fines and jail time, and more serious felonies could permanently impact your future.
No matter what type of drug offense you are accused of, assistance from a criminal defense attorney could be key to pursuing a positive resolution to your case. Once retained, a Manhattan drug lawyer could explain all your legal options to you, ensure you pursue the right course of action for your circumstances, and work to minimize the sanctions you might face if your case ends with a conviction.
Fighting Allegations of Drug Possession
Kansas Statutes §§65-4105 through 65-4113 establish a classification system for controlled substances that more or less mirrors the five schedules for controlled substances established under federal law. Schedule I substances are considered inherently dangerous with no valid medical use, whereas Schedule V substances can be safe and useful if prescribed by a physician.
Under KS Stat. §21-5706, it is a class A nonperson misdemeanor offense to possess any amount of any scheduled controlled substance. However, anyone with a prior drug possession conviction may face Severity Level IV nonperson felony charges for any subsequent possession offense involving the following controlled substances:
- Any Schedule I substance
- Schedule I, II, III, or IV depressants
- Schedule I, II, or III stimulants
- Schedule III anabolic steroids
- Certain specified Schedule II, III, and IV substances
In addition, it is automatically a Severity Level IV nonperson felony offense to possess any opiates, narcotics, or certain Schedule II stimulants. A local drug attorney could discuss with someone facing controlled substance charges what penalties they could potentially be facing.
Felony Consequences for Drug Trafficking or Production
If an individual is found to have a significant amount of a controlled dangerous substance in their possession, or if law enforcement finds evidence of an intent to distribute during an investigation, a simple possession charge may turn into a much more serious trafficking offense. Specifically, anyone found in possession of more than the following amounts of certain substances may be charged for presumptive distribution:
- 25 grams (.88 ounces) of marijuana
- 10 “dosage units” of substances contained in pills
- Three and a half grams of cocaine
- One gram of methamphetamine or heroin
Additionally, possession of more than four marijuana plants is generally considered evidence of presumptive cultivation. Greater amounts of controlled substances can lead to increasingly severe penalties upon conviction, so regardless of what type of drug offense a Manhattan resident is facing, assistance from a skilled defense lawyer could be crucial to protecting their rights and future prospects.
Speak with a Manhattan Drug Attorney About Legal Options
Whether you are facing accusations of possession, distribution, sale, or manufacture of illegal substances, the next steps you take could have a substantial impact on your future. Any kind of drug-related conviction on your record may severely limit your personal and professional opportunities, and a felony conviction will almost certainly lead to prison time and the permanent revocation of certain rights.
In order to effectively seek a positive outcome to your criminal case, you will likely need help from someone who has handled cases like yours successfully in the past. Contact a Manhattan drug lawyer today to set up a meeting and discuss the options available to you.