Drug Cultivation charges in Kansas

Have unanswered questions? We have answers. We have all the information you need to know when it comes to defending your Drug Cultivation case. Set up a free consultation with a defense attorney.

Call Today 913-732-3014

What is the Kansas Law on Drug Cultivation?

21-36a05: Unlawful cultivation or distribution of controlled substances.

(a) It shall be unlawful for any person to cultivate, distribute or possess with the intent to distribute any of the following controlled substances or controlled substance analogs thereof:
(1) Opiates, opium or narcotic drugs, or any stimulant designated in subsection (d)(1), (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto;
(2) any depressant designated in subsection (e) of K.S.A. 65-4105, subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109 or subsection (b) of K.S.A. 65-4111, and amendments thereto;
(3) any stimulant designated in subsection (f) of K.S.A. 65-4105, subsection (d)(2), (d)(4) or (f)(2) of K.S.A. 65-4107 or subsection (e) of K.S.A. 65-4109, and amendments thereto;
(4) any hallucinogenic drug designated in subsection (d) of K.S.A. 65-4105, subsection (g) of K.S.A. 65-4107 or subsection (g) of K.S.A. 65-4109, and amendments thereto;
(5) any substance designated in subsection (g) of K.S.A. 65-4105 and subsection (c), (d), (e), (f) or (g) of K.S.A. 65-4111, and amendments thereto;
(6) any anabolic steroids as defined in subsection (f) of K.S.A. 65-4109, and amendments thereto.
(b) It shall be unlawful for any person to distribute or possess with the intent to distribute a controlled substance or a controlled substance analog designated in K.S.A. 65-4113, and amendments thereto.
(c) (1) Violation of subsection (a) is a drug severity level 3 felony, except that:
(A) Violation of subsection (a) on or within 1,000 feet of any school property is a drug severity level 2 felony;
(B) violation of subsection (a)(1) is a drug severity level 2 felony if that person has one prior conviction under subsection (a)(1), under K.S.A. 65-4161 prior to its repeal, or under a substantially similar offense from another jurisdiction; and
(C) violation of subsection (a)(1) is a drug severity level 1 felony if that person has two prior conviction under subsection (a)(1), under K.S.A. 65-4161 prior to its repeal, or under a substantially similar offense from another jurisdiction.
(2) Violation of subsection (b) is a class A nonperson misdemeanor, except that, violation of subsection (b) is a drug severity level 4 felony if the substance was distributed to or possessed with the intent to distribute to a child under 18 years of age.
(d) It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance.



What is the rage of punishment for a first conviction for a Drug Trafficking conviction?


Determining a accurate range of punishment depends largely on the accused person's criminal history and the specific part of the law they have violated. This is not a univiseral range of punishment and any individual charged with such a crime should look to a an experienced criminal attorney to give them the possible range of punishment that they are subject to.


14-204 Months




How can a Criminal Defense Attorney help?

The first thing a criminal defense attorney can do is investigate your case. A criminal defense attorney can listen to your side of the story as well as find out what law enforcement is alleging you did and what evidence they have against you. A criminal defense attorney can then give you an accurate analysis of your case and tell you the strengths and weaknesses of your possible defenses. A criminal defense attorney can act on your behalf to minimize any further damage. A defense attorney can advise you on what you need to do, and what you should not do. A criminal defense attorney can take the heavy load of stress surrounding your criminal charges and bring some solidarity and council to your situation.


Should I defend myself?

You would never think of performing brain surgery on yourself, so why would you ever try to defend yourself in a criminal case. When you are charged with a crime, you need help. Your life, liberty, and reputation are on the line and you need to defend them. You need an attorney that knows the ends and outs of the local courts, one that understands criminal procedure and can help achieve the best outcome possible for you. You need an defense attorney that can sit down with you, explain the law and give you accurate legal advice based on your specific facts. You need help and you need it from a qualified criminal defense lawyer.


What does it cost to hire a criminal defense attorney on a Drug Cultivation case?

Things we consider when determining our Attorney's fee:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the time limitations imposed by the client or by the circumstances;
(5) the nature and length of the professional relationship with the client;
(6) the experience, reputation, and ability of the lawyer or lawyers performing the services;


Click Here To Contact Us



The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results afford no guarantee of future results and every case is different and must be judged on its own merits. The information on this website is not legal advice. If you are in need of legal services please contact a criminal defense attorney. Use of this website does not constitute the formation of an Attorney/Client relationship. The Law Office of Brandan Davies LLC does not represent you until a formal representation agreement has been executed.