Overland Park Drug Possession Lawyer
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Have you been charged with drug possession?


If you have been charged with drug possession in the state of Kansas you need the help of a criminal defense attorney that has experience dealing with drug cases. At Copley Roth and Davies LLC, Brandan Davies heads up the criminal defense area of the firm and would be happy to sit down with you, hear your side of the events and explain your options. We have found that many people have similar questions and have provided them below in question answer format. Remember, every case is different. Feel free to contact our office for a free consult.

Call to speak with an experienced criminal defense attorney today 913-732-3014


What is the law when it comes to drug possession in Kansas?

In Kansas, the law establishes classifications for different types of drugs. These classifications are largely adopted from the federal classifications established by the DEA. The classifications basically group types of drugs into different categories. The legislature then assigns a severity level to each group. In Kansas the classifications are mostly uniform level 4 felonies, with an exception for first time convictions on certain types of drugs. Here is the text of the law.

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.

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. In Kansas, punishment for a 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 four felony drug case a defendant is looking at anywhere from 14 months to 51 months depending on there specific case. When charged as a misdemeanor the defendant is looking at anywhere from 0-12 months.


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