Overland Park Prescription Drug Defense

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If you’ve been accused of misusing or unlawfully possessing or distributing prescription medication, you need skilled legal representation. At Joseph, Hollander & Craft, our attorneys defend clients against both state and federal charges. An experienced Overland Park prescription drug defense attorney from our firm can explain the allegations, protect your rights, and work to reduce the consequences you may be facing.

What Are Prescription Drug Crimes?

Prescription drug crimes involve taking, manufacturing, tampering with, or distributing medications that are legal with proper authorization, but criminal when misused. Kansas prescription drug charges can include: 

• Unlawfully obtaining or selling a prescription-only drug: Examples might be forging prescriptions for painkillers, misrepresenting information in order to obtain medications, or distributing prescription drugs without medical authority. These acts are penalized under K.S.A. 21‑5708. 
  • Obtaining is considered a Class A nonperson misdemeanor (or a nondrug severity level 9 nonperson felony on second offense) in Kansas. 
  • Selling can elevate charges to a nondrug severity level 6 nonperson felony, punishable by up to 46 months in prison.
• Unlawful distribution or cultivation of controlled substances: Controlled substances can mean many prescription medications classified under opiates, depressants, stimulants, hallucinogens, steroids, and analogs. Kansas law (K.S.A. 21‑5705) treats their unlawful distribution as drug felonies, with severity determined by quantity (grams or dosage units) and specific drug categories.

What Are the Penalties for Prescription Drug Charges in Kansas?

The penalties for prescription drug charges in Kansas depend on where the offense falls in the drug sentencing grid. This typically depends on how much of the substance was involved. For example, possession with intent to distribute oxycodone, which is an opiate, is:

1. Drug severity level 4 felony if the number of dosage units was fewer than 10;
2. drug severity level 3 felony if the number of dosage units was at least 10 but fewer than 100;
3. drug severity level 2 felony if the number of dosage units was at least 100 but fewer than 1,000; and
4. drug severity level 1 felony if the number of dosage units was 1,000 or more.

Felonies ranked in severity levels 1-3 are all presumptive imprisonment offenses. Guideline sentences range from 46 to 204 months’ imprisonment.

What Is Prescription Drug Fraud?

Prescription drug fraud typically involves not just unauthorized possession, but deceptive practices to fraudulently obtain drugs. This can include running pill mills, altering or photocopying prescriptions, forging medical signatures, identity theft, and more.

When prescription drug fraud crosses state lines, you may also find yourself facing federal charges. Federal statutes commonly invoked include:

• Tampering with Consumer Products (18 U.S.C. § 1365(a)) covers tampering with or changing the contents, container, or label for consumer products. This includes  prescription medications. 
• Unlawful Distribution of Controlled Substances (21 U.S.C. § 841) prohibits distribution or dispensing of controlled substances outside lawful channels.
• Conspiracy (21 U.S.C. § 846) punishes agreements and plans to violate controlled substances laws. Prosecutors are not required to prove that a conspiracy was successful in order to make charges stick.
• Health Care Fraud (18 U.S.C. 1347) prohibits defrauding any healthcare benefit program (such as Medicare).

Why Your Charges May Change If Fentanyl Is Involved

Both Kansas and Missouri have seen a recent uptick in fentanyl overdose deaths. The rate of drug overdose deaths in the state of Kansas has nearly tripled over the past few years. Around 70% of drug related deaths in both states are caused by synthetic opioids. Because of this, charges involving fentanyl are taken extremely seriously. 

In 2023, the governor signed SB 174 into law. This increased penalties for crimes related to fentanyl. Unlawful manufacturing of fentanyl has been increased to a drug severity level 1 felony, up from a drug severity level 2 felony. Additionally, a special sentencing rule has been established for manufacturing charges. The potential sentence for fentanyl manufacturing in Kansas now is two times the maximum duration of the presumptive sentence term, with presumptive imprisonment. This sentence cannot be appealed in Kansas, making it dangerous to attempt to fight drug charges on your own.

Alternatives to Sentencing in Prescription Drug Crime Cases

The Kansas drug diversion program is an option in some cases where defendants show genuine remorse. Diversion is not always available, but in non-violent prescription drug cases it can offer a chance for offenders to avoid jail time while seeking treatment for addiction.

Drug courts are available in the following judicial districts in Kansas: 

• 3rd Judicial District
• 5th Judicial District
• 7th Judicial District 
• 8th Judicial District
• 9th Judicial District
• ​10th Judicial District
• 18th Judicial District
• 19th Judicial District
• 21st Judicial District
• 23rd Judicial District
• 27th Judicial District
• 28th Judicial District
• 29th Judicial District
• 31st Judicial District

Drug courts provide a structure for lifestyle changes and addiction treatment centers. However, they require participants to partake in the entirety of the program. Failing to do so can result in your case being returned to the criminal justice system.

How an Overland Park Prescription Drug Attorney Can Help

An Overland Park criminal defense attorney from Joseph, Hollander & Craft can make the case for you to receive alternatives to sentencing, and fight for your charges to be reduced wherever possible. Pre-trial motions such as motions to suppress may also be able to limit what evidence can be used against you in court. We can strategize tirelessly on your behalf, and work to present the circumstances around your prescription drug abuse so that the court system understands your context as an individual.

Frequently Asked Questions About Prescription Drug Crimes

Will I lose my license to practice?

Yes, Kansas drug crime penalties can result in losing a license to practice your profession. Both state and federal prescription drug crimes may require professional licensure defense from an Overland Park attorney.

Will I lose custody of my children?

Custody matters can also be affected by prescription drug abuse charges. You may lose custody of minor children after being charged with a drug crime. An attorney can petition for you to keep custody or negotiate for supervised visitation.

Will I be charged with a crime for reporting an overdose?

The Kansas Good Samaritan law protects those who report medical emergencies from criminal prosecution, even if drugs are found at the scene. If you call to report an overdose and need emergency medical assistance for yourself or another person, you must remain at the scene and cooperate with police and emergency responders in order to qualify for protections under SB 419.

Do I have to tell law enforcement which prescription medications I take?

You have the right to refuse questioning from law enforcement about what prescription medications you take. If you are being questioned, particularly in connection with a DUI stop, do not answer questions about your medications without first speaking with a prescription drug abuse lawyer. Kansas police do not have the right to inspect your car, purse, or wallet without probable cause.

Do You Have a Prescription Drug Defense Attorney Near Me?

Joseph, Hollander & Craft’s Overland Park office is located at 10104 W 105th St, on the corner of Mastin St, directly across from the U.S. Veterans Administration building. We offer ample on-site parking for your convenience. The firm also maintains offices in We maintain additional offices in Lawrence, Topeka, and Wichita, as well as an office in Kansas City, MO. Please contact us today to learn more.