Many states have loosened the laws related to the possession or use of marijuana over the years. Some jurisdictions allow for the recreational use of this drug. However, in Kansas, possession of any amount of pot will result in criminal prosecution.
When you face charges with one of these drug offenses, now is the time to discuss your options with a dedicated possession attorney. The right strategy could help you avoid a conviction, and a Manhattan marijuana possession lawyer could assist you in creating that defense strategy to achieve the best possible outcome in your case.
Criminal consequences exist for possessing any amount of marijuana under Kansas law. The specific penalties in these cases depend on a few factors, like the amount possessed and the defendant’s prior criminal history.
First-time offenders convicted of possessing marijuana are charged with a Class B misdemeanor. This offense has a maximum jail term of six months and a fine of up to $1,000. A conviction is considered a Class A misdemeanor, with a potential jail term of up to one year. Third and subsequent offenses are Level five drug felonies that can bring up to 42 months in state prison and a maximum fine of $100,000.
Having large amounts of the controlled substance can lead to distribution charges. For example, having more than 30 kilograms of pot or cultivating at least 100 plants carries a maximum prison term of 204 months. An attorney in Manhattan could work to reduce these penalties following a guilty verdict for marijuana possession.
There are different options available when it comes to defending these allegations. Some of the ways a lawyer in Manhattan might approach defending marijuana possession cases include:
Arrests in these cases are often based on searches of the defendant’s home, car, or vehicle. If these searches violate the accused’s constitutional rights, a court may have to exclude any evidence found from trial.
Ultimately, the state has the burden of proof in every criminal case. This means a conviction is only appropriate when guilt is proven beyond a reasonable doubt. In some cases, an attorney might build their entire strategy around highlighting the lack of evidence against the accused. When multiple people face charges at the same time, it might be possible to create doubt in the mind of the jury by showing that the state is unable to prove which party owned the drugs.
Drug possession is a crime of intent. In other words, no one is guilty of a crime if they unknowingly or unintentionally possess cannabis in any form. If the accused was unaware that they had the drugs, they are not guilty of a crime. This can occur when someone else leaves marijuana in their vehicle or when the defendant does not realize the nature of what they have on their person.
When you are accused of a drug offense, the legal jeopardy you are facing is significant. A conviction could result in incarceration, fines, and a lasting impact on your reputation.
You do not need to face this challenge on your own. Contact a Manhattan marijuana possession lawyer right away for a private consultation.
