Drug Possession Charges in Kansas

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What is the Kansas Law on Drug Possession?

21-36a06: Unlawful possession of controlled substances.
(a) It shall be unlawful for any person to possess any opiates, opium or narcotic drug, or any stimulant designated in subsection (d)(1), (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto, or a controlled substance analog thereof.
(b) It shall be unlawful for any person to possess any of the following controlled substances or controlled substance analogs thereof:
(1) 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;
(2) 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;
(3) 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;
(4) 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;
(5) any anabolic steroids as defined in subsection (f) of K.S.A. 65-4109, and amendments thereto.
(c) (1) Violation of subsection (a) is a drug severity level 4 felony;
(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 that person has a prior conviction under such subsection, under K.S.A. 65-4162 prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense if the substance involved was 3, 4-methylenedioxymethamphetamine (MDMA), marijuana or tetrahydrocannabinol as designated in subsection (d) of K.S.A. 65-4105, and amendments thereto.
(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 Drug Possession?

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.


10-42 Months if charged as a Felony

0-12 Months if charged as a Misdemeanor



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 Possession 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;


We always offer a free consultation. At that consultation, after hearing about your case we can give you an estimate as to Attorney's fees. For many misdemeanor cases we offer a flat rate option for our clients. We frequently make accomidations for payment plans on Attorney's fees.


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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.