Although neighboring states have legalized marijuana, it is still illegal to possess, grow, or distribute marijuana in the state of Kansas. If you find yourself facing drug charges, you need an Overland Park marijuana defense lawyer in your corner. At Joseph, Hollander, & Craft, we put our knowledge to work for you to help you achieve the best possible outcome in your case.
Is Marijuana Legal in Kansas for Recreational Use?
No. Kansas is one of the last states to refrain from adopting both a recreational use and medicinal use policy. Marijuana is strictly illegal in Kansas.
Types of Marijuana-Related Drug Crimes We Handle
Our firm handles all marijuana-related drug charges, including charges related to:
- Possession
- Sale or distribution
- Cultivation
- Possession of paraphernalia
- Driving under the influence of marijuana
- Transporting marijuana across state lines
- Possession of proceeds from the sale of marijuana
Kansas has some of the strictest laws and most severe punishments for marijuana in the nation. Joseph, Hollander & Craft is dedicated to ensuring you get a fair defense if you’ve been charged with a marijuana-related crime.
Penalties for Marijuana Charges in Kansas
Penalties for marijuana-related crimes depend on whether you are charged with a misdemeanor or a felony and what your criminal history looks like.
Simple possession of marijuana (a small quantity with no intent to distribute) is a misdemeanor unless the offender has multiple prior drug convictions. A first conviction is punishable by up to six months in the county jail, while a second conviction is punishable by up to twelve months in the county jail. A third or subsequent conviction is a felony and can result in a prison sentence of a year or more.
Distribution or possession with intent to distribute marijuana is always a felony charge, ranging from level 4 to level 1 depending on the quantity possessed. Potential prison time depends on the criminal history of the person being sentenced. There are two ways to receive a probation sentence:
- If you fall in a border box on the sentencing grid, you may be ordered to serve a probation sentence if the judge determines it will be more beneficial (often to permit the defendant to receive treatment).
- Upon finding substantial and compelling reasons support a sentence of probation, the judge can depart from the presumptive prison sentence to impose probation instead.
In addition to criminal penalties, a person who is convicted of a marijuana offense may be subject to loss of their employment, loss of scholarship money, and loss of interpersonal relationships. If you are divorced with kids, your criminal case may impact your custody proceedings. For these reasons, you should seek the assistance of an experienced Overland Park criminal defense attorney from Joseph, Hollander & Craft to represent you and protect your interests.
Penalties Under Federal Law
Marijuana is still illegal at the federal level. Most of the time, possession charges are brought by the state. However, you may face federal charges if you are found with significant amounts of marijuana, hashish, or plants; if your marijuana activities are linked to a broader conspiracy or criminal organization; or if you possess or sell marijuana in any amount on federal land.
The federal statute applicable to possession and distribution of marijuana includes a 5-year minimum sentence for offenses involving 100 kilograms or more of marijuana or 100 plants or more, regardless of weight; and a 10-year minimum sentence for 1000 kilograms or more of marijuana or 1000 plants or more, regardless of weight. However, recommended sentences under the guidelines may be higher due to enhancements such as possessing a weapon; maintaining a drug house; or acting in a leadership role.
If you are facing marijuana trafficking charges in Kansas, you’ll want a lawyer who is familiar with both state and federal law.
How Our Marijuana Defense Attorneys in Overland Park Can Help
An experienced Overland Park defense attorney is your best resource for understanding the laws around marijuana, helping you build a defense, protecting your constitutional rights, and ensuring you are not a victim of unfair treatment.
Defenses that may be useful in defending a marijuana charge include:
- Ignorance of the existence of marijuana or paraphernalia. This may apply if the marijuana or paraphernalia were in a place where they could have been accessed by any number of people.
- Improper search and seizure. It may be possible to suppress evidence against you–and prevent a conviction–if evidence was obtained by a violation of your constitutional rights.
Frequently Asked Questions About Marijuana Charges in Overland Park, KS
How many pounds of weed is a federal charge for possession?
Because marijuana is still illegal at the federal level, any amount can result in a possession charge. However, a federal charge is usually commensurate with an amount of marijuana that is large enough that distribution would be assumed. There is no set amount.
Are edibles illegal in Kansas?
All forms of marijuana are illegal in Kansas, including edibles.
Are CBD gummies illegal in Kansas?
CBD is not illegal in Kansas, but items that contain THC are illegal.
Can you be charged with driving under the influence of drugs in Overland Park?
Yes. You can be charged in state or municipal court if you operate a vehicle under the influence of an illegal substance that impairs your ability to drive.
Can marijuana charges be expunged?
Yes, Kansas law permits expungement of marijuana-related convictions 3-5 years after you have completed your sentence.
Can a marijuana conviction be appealed?
Possibly. If you are convicted, you may be able to appeal the conviction to a higher court. Your Overland Park marijuana defense lawyer is the best person to advise you on the appeals process and help you decide if an appeal is a viable option for your case.
Can I lose custody of my kids for a marijuana charge?
It is possible to lose custody and/or visitation rights if you are convicted of any criminal offense, including a marijuana charge. It depends on the circumstances of your case and whether a judge agrees that denying your custody or visitation is in the best interest of your child. Joseph, Hollander & Craft has decades of experience representing clients in family law matters, so we offer a unique perspective to our clients who may face this situation.
Can a pot charge affect my professional license?
That depends on several factors–the offense at issue, whether it is a violation of the professional code governing your license, whether it is an offense you are obliged to report, and whether it has bearing on your fitness to practice. A professional licensure defense attorney can help you understand how your professional license and career may be impacted.
Can I bring my prescription marijuana from another state with me to Kansas?
No. Kansas law makes no exception for possession of marijuana obtained pursuant to a valid prescription in another state. You cannot bring marijuana with you on an airplane, and you cannot cross Kansas state lines with marijuana.
Do You Have a Marijuana Defense Attorney Near Me?
Yes! Joseph, Hollander & Craft’s Overland Park office is located at 10104 West 105th Street, Overland Park, Kansas 66212. We are located in the northwest corner of the Highway 69 and I-435 interchange near Skate City Overland Park. We also maintain additional offices in Lawrence, Topeka, and Wichita, Kansas, as well as Kansas City, MO for your convenience.
Our Locations
Kansas City | 816-673-3900
Lawrence | 785-856-0143
Overland Park | 913-948-9490
Topeka | 785-234-3272
Wichita | 316-262-9393
Contact Our Overland Park Office
Contact Joseph, Hollander & Craft to discuss how our team of attorneys can help you.