Kansas City Marijuana Defense Lawyer

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The current state of marijuana regulation in the U.S. is a patchwork of laws, regulations, and ordinances. A Kansas City marijuana defense lawyer from Joseph, Hollander & Craft can provide a defense tailored to your situation and help you address your charges. Contact us to discuss your case and how we can pursue a positive outcome.

Types of Marijuana-Related Drug Crimes We Handle

Despite moves to decriminalize the possession, use, and transportation of personal amounts of cannabis by the state of Missouri, you can still face charges for marijuana-related offenses. Missouri strictly regulates its legal marijuana market, and there are serious penalties for violating its laws.

Some of the drug-related offenses our marijuana defense attorneys protect clients against include:

• Drug trafficking
• Illegal cultivation
• Possession, including possession over Missouri’s legal limit
• Unregulated sales, including sales and transfers to minors
• Conspiracy to violate drug laws
• Crossing state lines with legally purchased marijuana
• Public use of marijuana
• Driving under the influence of marijuana

Our attorneys have years of experience handling these types of cases. We have the experience and determination to stand up to the government and fight your case when your constitutional rights were violated during an investigation or the prosecution cannot meet its burden of proof.

Is Marijuana Legal in Missouri for Recreational Use?

Yes, Missouri law authorizes the recreational use of marijuana. Article XIV of the Missouri Constitution allows individuals who are 21 years and older to legally purchase, possess, cultivate, and consume cannabis. However, all of this conduct must be in accordance with regulations promulgated by the Missouri Department of Health & Senior Services. Dispensaries, customers, and unlicensed sellers may face criminal charges for non-compliance.

The Missouri Constitution does not allow public use of marijuana, driving under the influence of marijuana, or use of marijuana in the workplace.

Is Marijuana Legal in Kansas for Recreational Use?

No, marijuana is not legal in Kansas –not recreationally or medically. Possession, cultivation, and distribution of any amount of marijuana is prohibited under Kansas law.

What Is a Federal Offense for Marijuana?

The federal government has many criminal laws that it uses to fight its war on drugs. You might commit a federal offense if you engage in any of the following activities:

• Distribution/Manufacturing/Possession with intent to Distribute (21 USC 841)
  • all amounts are prohibited under federal law, but it should be noted that:
    • enhanced penalties may apply if the defendant has a prior felony drug conviction or is a career criminal
    • a 5-year mandatory minimum sentence applies for 100 kilograms of more of marijuana (or 100 or more plants)
    • a 10-year mandatory minimum sentence applies for 1000 kilograms or more of marijuana (or 1,000 or more plants)
• Attempt and Conspiracy to Commit a Controlled Substances Offense (21 USC 846)
  • The same penalties applicable to a completed offense apply to an attempt or conspiracy.
• Use of a Communication Facility to Facilitate a Drug Felony (21 USC 843(b))
  • Each use of a communication facility (e.g., a cell phone) constitutes a separate offense.
• Maintaining Drug-Involved Premises (21 USC 856)
  • A conviction may be punished by up to 20 years’ imprisonment.

You can also face federal charges for participating in trafficking-related activities, such as money laundering.

Felony Marijuana-Related Charges in Kansas City, Missouri

Missouri retained several felony marijuana-related offenses after it created its legal dispensary system. These offenses are intended to address a few issues.

First, they make black market trafficking illegal, pushing consumers into the legal system. Second, they punish sales or transfers to minors who can’t purchase cannabis from dispensaries. Third, they prevent people from bringing illegally acquired marijuana into the state, ensuring that the only supply comes from licensed entities.

Any of the following may be charged as felonies in Missouri state court:

• Possessing large quantities of marijuana
• Transporting illegally acquired marijuana into the state
• Selling marijuana without a license
• Delivery or distribution of marijuana to minors

Penalties for Felony Marijuana Charges

The sentence you receive upon conviction of a felony marijuana offense will depend on many factors, including your criminal history and the severity of the offense.

Penalties Under Missouri Law

The most severe felony marijuana charge in Missouri is trafficking 100 kilograms or more of marijuana, which is a Class A felony punishable by 10–30 years in prison. Charges for trafficking smaller quantities of marijuana are lower level felonies (Class B and Class C) punishable by less time in in prison. Transporting illegal marijuana into the state or selling it to minors is a Class C felony punishable by 3-10 years in prison.

Penalties Under Kansas Law

Kansas treats simple possession of personal amounts as a misdemeanor. Distribution, possession with intent to distribute, and cultivation of five or more plants can be charged as felonies.

A sentence for Kansas drug felony is determined by the Kansas Sentencing Guidelines. The presumptive sentence depends on the severity level of the offense, the offender’s criminal history score, and where those meet on the sentencing matrix for drug offenses. For example, someone with no criminal record could face up to 154 months, or nearly 13 years, in prison for a level 1 marijuana offense. That same offense is punishable by up to 204 months for an offender with three or more prior person felony convictions. 

Penalties Under Federal Law

Federal drug sentencing is also driven by sentencing guidelines and a sentencing grid, although federal guidelines are much more complex than most state sentencing schemes.

Determination of a sentence first depends finding the applicable offenses level based on the quantity of marijuana involved. Then, enhancements apply depending on relevant conduct, such as whether the offense involved a firearm or the maintenance of a drug house. Further adjustments may apply based on the defendant’s role in the offense or the defendant’s cooperation.

Federal drug statutes also include mandatory minimum sentences for offenses involving substantial quantities.

Possible Defenses for Marijuana Crimes in Kansas City

Our criminal defense attorneys in Kansas City can assert several defenses against marijuana crimes.

First and foremost, prosecutors have the burden of proof. If they fail to prove every element of an offense beyond a reasonable doubt, the judge or jury should acquit. Thus, our marijuana defense lawyers will poke holes in the prosecution’s case by pointing out when it has insufficient evidence to prove a necessary element of the crime. Defenses that fall into this category include arguments that the prosecution can’t prove that:

• You knowingly possessed the marijuana
• You intended to distribute the marijuana in your possession

Second, you have Constitutional rights meant to ensure a fair process. These include:

• The right against unreasonable search and seizure
• The right against self-incrimination
• The right to legal representation during questioning and in court
• The right to see the evidence and cross-examine the witnesses against you
• The right to be informed of your rights upon arrest

If the police or prosecution violates your rights, the court can remedy the violation by excluding evidence or even dismissing your charges.

Other defenses will depend on your situation and the evidence allegedly recovered. Possible defenses include:

• The evidence may have been tampered with because the police failed to maintain a proper chain of evidence
• You’re authorized to possess marijuana under a dispensary license

Frequently Asked Questions About Marijuana Charges in Kansas City, MO

Is marijuana legal in Kansas City, Missouri?

Missouri law permits individuals who are at least 21 to purpose and possess user quantities of marijuana from regulated dispensaries.

Is it legal to smoke marijuana in public in Kansas City, Missouri? 

No. Missouri bans the public use of marijuana. It also allows property owners to ban marijuana smoking anywhere they can prohibit tobacco smoking, such as restaurants or hotel rooms.

Can you fly with edibles?

No. Airports and airplanes fall under federal jurisdiction, and federal laws prohibit cannabis possession. Although simple possession (possession with no intent to distribute) of marijuana is typically addressed by state and local authorities, it is prohibited by federal law (21 U.S.C. 844).

Can you be charged for drugs without possession?

Possibly. “Possession” includes actual and constructive possession. Constructive possession means you didn’t have marijuana on your body but still had control over it. For example, you could have constructive possession of marijuana by storing it in someone else’s storage unit if you have a key to the lock.

​Can you be charged with drug possession after the fact?

Yes, if prosecutors can prove that you possessed the drugs at some point.

Can marijuana charges be expunged?

Kansas and Missouri marijuana convictions may be expunged.

Generally, no expungement is available for federal offenses. Only if your circumstances meet the very rare requirements of 18 U.S.C. 3607 (convicted under 18 U.S.C. 844 for an offense committed before age 21) can your federal marijuana conviction be expunged.

Can my child be kicked out of college for a marijuana charge?

Colleges and universities have codes of conduct that set out bases for the discipline of students. Discipline may be imposed for drug possession, drug use, or “illegal activity” in general. The school code of conduct may permit expulsion even when a criminal offense has not been proven to a court. If your child has been charged with a marijuana offense, it is important to consider the precise code of conduct at issue when making decisions about how to proceed.

Could I lose my professional license for smoking weed?

Possibly. Regulations governing the discipline of professional license holders generally address the use of intoxicating substances in reference to how they affect performance. Thus, a regulation or code of conduct may prohibit impaired practice or practice under the influence of an intoxicating substance even if state law generally authorizes its recreational use (e.g., alcohol in all states or marijuana in Missouri).

Can I lose custody of my kids for using marijuana?

Judges use the “best interests” test to make child custody determinations. This means that every parental behavior is relevant, including legally drinking alcohol or smoking marijuana. A parent who has a record of overuse of intoxicating substances in the presence of the children or impaired driving with children in the vehicle may be limited to supervised visitation or may not be permitted to handle decision making for a minor child.

How long do police have to file drug charges?

In Missouri, a three-year statute of limitations applies to drug offenses. In Kansas, a five-year statute of limitations applies to drug offenses.

Do You Have a Marijuana Defense Attorney Near Me?

Joseph, Hollander & Craft’s Kansas City office is located at 926 Cherry St. in Kansas City, just off 10th St. and within walking distance of the Charles Evans Whittaker U.S. Courthouse; the 16th Circuit Court of Jackson County, Missouri; and the Kansas City Missouri Municipal Court.

Easily reached from I-35, I-70, and I-670, our office is accessible for clients throughout the metro area. We also maintain additional offices in Overland Park, Lawrence, Topeka, and Wichita, Kansas for your convenience.

Contact Our Kansas City Defense Attorneys if You’re Facing Marijuana-Related Charges

The Kansas City criminal defense lawyers at Joseph, Hollander & Craft have extensive experience. Contact us today to discuss your case and how we can help you resolve it.