Overland Park Criminal Defense Lawyer
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Are you charged with possession of Drug Paraphernalia?


If you have been charged with the possession of Drug Paraphernalia you may be in more trouble than you think. You surely have a lot of questions and need some answers. At Copley Roth and Davies we are here to help answer those questions and put your mind as ease. Brandan Davies is the attorney that heads up the criminal defense team at Copley Roth and Davies. He focuses his practice on criminal defense work and would be happy to sit down with you and explain the criminal charges against you, the possible range of punishment you are looking at, and hear your side of the story. If you find yourself charged with possession of Drug Paraphernalia you need of the help of an attorney that has handled drug cases before and can apply that knowledge to your case.

If your looking at criminal charges call (913) 732-3014 for a free consultation.


The criminal defense experts at Copley Roth and Davies LLC want you to understand your criminal charges and where you fit in, in the criminal justice system. Here are a few common questions that people ask when charged with possession of Drug Paraphernalia.

What is the law on possession of drug paraphernalia?


In Kansas, the legislature has made it illegal to possess certain drug precursors and drug paraphernalia. They have criminalized possession of such regulated items and further made a classification to clarify the severity of the crime based on the intended use of the precursor of paraphernalia. You need to have a criminal defense attorney evaluate your charges to determine what particular part of the law the prosecution is alleging that you violated. The particular part of the law has drastic implications on your sentencing range if convicted. Here is the actual text of the law:

Unlawful possession of Drug Paraphernalia
Unlawful possession of certain drug precursors and drug paraphernalia.
(a) It shall be unlawful for any person to possess ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or their salts, isomers or salts of isomers with an intent to use the product to manufacture a controlled substance.
(b) It shall be unlawful for any person to use or possess with intent to use any drug paraphernalia to: (1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or distribute a controlled substance; or (2) store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body.
(c) It shall be unlawful for any person to use or possess with intent to use anhydrous ammonia or pressurized ammonia in a container not approved for that chemical by the Kansas department of agriculture.
(d) It shall be unlawful for any person to purchase, receive or otherwise acquire at retail any compound, mixture or preparation containing more than 3.6 grams of pseudoephedrine base or ephedrine base in any single transaction or any compound, mixture or preparation containing more than nine grams of pseudoephedrine base or ephedrine base within any 30-day period.
(e) (1) Violation of subsection (a) is a drug severity level 2 felony; (2) violation of subsection (b)(1) is a drug severity level 4 felony, except that violation of subsection (b)(1) is a class A nonperson misdemeanor if the drug paraphernalia was used to cultivate fewer than five marijuana plants; (3) violation of subsection (b)(2) is a class A nonperson misdemeanor; (4) violation of subsection (c) is a drug severity level 4 felony; (5) violation of subsection (d) is a class A nonperson misdemeanor.
(f) For persons arrested and charged under subsection (a) or (c), bail shall be at least $50,000 cash or surety, unless the court determines, on the record, that the defendant is not likely to reoffend, the court imposes pretrial supervision or the defendant agrees to participate in a licensed or certified drug treatment program.

How much jail time am I facing?

This is probably the most pressing question on a defendant's mind. It is also one of the most difficult to answer without knowing more facts especially when talking about a drug paraphernalia case. In Kansas, punishment for a felony crime is largely determined by a sentencing grid. To keep sentences uniform from jurisdiction to jurisdiction the legislature has promulgated the Kansas Sentencing guidelines. The guidelines put forth a grid that guides a judge while sentencing a guilty person. The drug grid takes into consideration three different factors.

1. The guilty person's criminal history
2. The severity level of the crime they committed
3. Any aggravating or mitigating circumstances


Once a defendant's guilt has been determined then the judge will order a Pre-Sentence Investigation (PSI) of the defendant to determine his criminal history score as well as any aggravating or mitigating circumstances. Armed with that investigation the judge will then look at the severity of the crime and determine a defendant's punishment.

When charged with a level two felony drug paraphernalia case a defendant is looking at anywhere from 92 months to 144 months depending on their specific case.

When charged with a level four felony drug paraphernalia case a defendant is looking at anywhere from 14 months to 51 months depending on their specific case.

When charged as a misdemeanor the defendant is looking at anywhere from 0-12 months.



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