What Is the Penalty for Drug Possession in Lenexa, KS?
Although the medical understanding of drug addiction is starting to shift legislation toward treating drug addiction as a health concern rather than a criminal offense, state laws are still unforgiving for drug-related charges – particularly in Kansas. Being caught in possession of any drug is a problem that requires swift legal defense so you can reduce your sentence or be acquitted. But before we discuss how to defend your rights in a drug case, you should understand the severe penalties you may be facing for drug possession.
What Is the Penalty for Drug Possession in Lenexa, KS?
In general, drug-related offenses increase in punishment severity in relation to the addictive or dangerous nature of the drug, as well as the intent of your possession. For example, marijuana-related charges are generally less severe than methamphetamine-related charges.
Arguably, this is because marijuana has a certain amount of acceptability within the public sphere given that states like Washington and California have legalized recreational and medical use, and federal legislation is clearly following the same vein. Methamphetamine, on the other hand, is unequivocally a highly addictive drug that usually nets felony charges rather than misdemeanors, even if there is no intent to sell.
Marijuana Possession
Most marijuana possession counts as a misdemeanor in Kansas if there is no intent to distribute. The most basic offense for marijuana is possession of fewer than 25 grams with no intent to distribute, which usually calls for six months in jail and/or a $1,000 fine if you do not have previous marijuana or drug conviction. When there is an intent to distribute, you can expect that your charges and your penalty will become more severe.
Usually, the severity of your marijuana possession penalty will increase with how much marijuana you are caught with at the time of your arrest. The more marijuana you have, the more likely it is that the arresting officer will assume you had intent to sell, which will also increase the severity of your penalty. Some common estimates for marijuana penalties include:
Level 4 Felony
A level 4 felony consists of having less than 25 grams of marijuana in your possession while also having a clear intent to distribute the drug to other people. This charge comes with a fine of up to $300,000 and a prison sentence ranging from 14 to 51 months depending on the individual circumstances of your case.
Level 3 Felony
A level 3 felony is qualified by possessing 25 to 449 grams of marijuana with intent to distribute. The fine for this felony is $300,000 and incarceration for 46 to 83 months.
Level 2 Felony
A level 2 felony has more severe charges since it involves possessing 450 grams to 30 kilograms of marijuana. For this charge, you will be fined up to $500,000 and may be imprisoned for 92 to 204 months.
Level 1 Felony
A level 1 felony is the most severe charge for marijuana possession. You will be charged with a level 1 felony if you possess more than 30 kilograms of marijuana at the time of your arrest. This felony has a fine of $500,000 and a minimum prison sentence of 138 to 201 months.
Of course, these general sentences are all dependent on the circumstances around your case. If you have previous criminal convictions, even those not related to drug charges, then you can expect that your sentencing will be more severe. A good drug crime attorney will be able to fight for your rights to lessen your charges and avoid maximum jail time for your case.
Methamphetamine Possession
Methamphetamine possession typically has severe sentencing and fines because of how seriously prosecutors regard possession of this hard drug. If you are caught with methamphetamine, your conviction and sentencing will be much harsher than it would be for marijuana possession, even if you are carrying fewer grams when you are arrested.
Level 5 Felony
For possession of less than 1 gram of meth, you will be fined up to $100,000 and may be imprisoned for 42 months, even if this is your first criminal drug offense.
Level 4 Felony
A level 4 felony for meth possession occurs when you have less than 1 gram with an intent to distribute. For this charge, you will have a fine of up to $300,000 and may spend up to 51 months in prison.
Level 3 Felony
A level 3 felony consists of possessing and distributing 1 to 3.5 grams of meth, which will have a fine of $300,000 and a prison sentence of 83 months.
Level 2 Felony
A level 2 felony is charged when you are found possessing at least 3.5 to 100 grams of meth with a clear intent to distribute. For this felony, you may have a fine of up to $500,000 and a minimum prison sentence of 144 months, as well as being registered as a drug offender.
Level 1 Felony
A level 1 methamphetamine felony means you are caught in possession or distributing at least 100 grams of meth, which has a fine of up to $500,000 and sentencing of 24 months in prison. You may also be registered as a drug offender if you are convicted of distribution.
Other Drugs
Similar to methamphetamine, the criminal charges related to the possession of other drugs such as cocaine or heroin are also more severe than marijuana charges. Drug possession for more addictive drugs generally means you will have stricter punishments for possession, even if you were not intending to sell or distribute the drugs.
Level 5 Felony
Possession of cocaine or heroin can be a level 5 drug felony regardless of how many grams you possess and has a fine of $100,000. The possible range for incarceration ranges from 10 to 42 months and likely includes a probation period of at least 18 months with mandatory drug treatment.
Level 3 Felony
A level 3 felony includes clear distribution or intent to distribute at least 3.5 to 100 grams of cocaine or 1 to 3.5 grams of heroin. The maximum fine for this sentence is $300,000 and 46 to 83 months in prison. If you are granted probation, your probation will be for 36 months. You may also be registered as a drug offender, which will make any future drug possession charges more severe.
Level 2 Felony
A level 2 felony occurs when there is intent to distribute and you are found in possession of at least 100 grams to 1 kilogram of cocaine or 3.5 to 100 grams of heroin. The fine for this conviction is $500,000 and a possible sentence of 92 to 144 months in jail, along with a probation period of 36 months and possible registration as a drug offender.
Is It Possible to Defend Against Drug Possession?
Yes. An experienced crime drug attorney will be able to defend against drug-related charges based on violations of your rights during the arrest and search process. For example, if you were pulled over without a clear cause, that qualifies as an illegal traffic stop since the arresting officer had no reasonable suspicion of illegal activity or traffic violations to warrant the stop. Non-consensual search and unreasonable detention are also tactics that can help lessen your sentence.
Possession of drugs tends to have very strict sentences in Kansas – particularly if the police determine you had an intent to sell or you have previous drug convictions on your record. However, it is possible to have your sentence lessened or your case dismissed by the courts if you act quickly after your arrest or charges. Defending drug-related charges consists of finding a violation of your personal rights that can be used by a crime drug attorney to lessen your sentence. For more information, please contact Henderson Legal Defense, LLC in Lenexa, KS today.