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.\u00a0<\/span><\/p>\n 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.<\/span><\/p>\n Our firm handles all marijuana-related <\/span>drug charges<\/span><\/a>, including charges related to:<\/span><\/p>\n 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\u2019ve been charged with a marijuana-related crime.\u00a0<\/span><\/p>\n Penalties for marijuana-related crimes depend on whether you are charged with a misdemeanor or a felony and what your criminal history looks like.\u00a0<\/span><\/p>\n 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.\u00a0\u00a0<\/span><\/p>\n 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:\u00a0<\/span><\/p>\n In addition to criminal penalties, a person who is convicted of a marijuana offense may be subject to loss of their employment, loss of <\/span>scholarship money<\/span><\/a>, 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 <\/span>criminal defense attorney<\/span><\/a> from Joseph, Hollander & Craft to represent you and protect your interests.\u00a0<\/span><\/p>\n 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.<\/span><\/p>\n 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.<\/span><\/p>\n If you are facing marijuana trafficking charges in Kansas, you\u2019ll want a lawyer who is familiar with both state and federal law.\u00a0<\/span><\/p>\n 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.\u00a0<\/span><\/p>\n Defenses that may be useful in defending a marijuana charge include:<\/span><\/p>\n Because marijuana is still illegal at the federal level, any amount can result in a possession charge. However, a\u00a0<\/span>federal charge<\/span><\/a> is usually commensurate with an amount of marijuana that is large enough that distribution would be assumed. There is no set amount.\u00a0<\/span><\/p>\n All forms of marijuana are illegal in Kansas, including edibles.<\/span><\/p>\n CBD is not illegal in Kansas, but items that contain THC are illegal.\u00a0<\/span><\/p>\n Yes. You can be charged in state or municipal court if you <\/span>operate a vehicle under the influence<\/span><\/a> of an illegal substance that impairs your ability to drive.\u00a0<\/span><\/p>\n Yes, Kansas law permits expungement of marijuana-related convictions 3-5 years after you have completed your sentence.\u00a0<\/span><\/p>\n 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 <\/span>appeal<\/span><\/a> is a viable option for your case.\u00a0<\/span><\/p>\n It is possible to lose <\/span>custody and\/or visitation rights<\/span><\/a> 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.<\/span><\/p>\n That depends on several factors\u2013the 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 <\/span>professional licensure defense attorney<\/span><\/a> can help you understand how your professional license and career may be impacted.<\/span><\/p>\n 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.\u00a0<\/span><\/p>\n Yes! Joseph, Hollander & Craft\u2019s 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 <\/span>Lawrence<\/span><\/a>, <\/span>Topeka<\/span><\/a>, and <\/span>Wichita<\/span><\/a>, Kansas, as well as <\/span>Kansas City<\/span><\/a>, MO for your convenience.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" Overland Park Marijuana Defense Lawyer 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 […]<\/p>\n","protected":false},"author":152,"featured_media":0,"parent":708,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"templates\/template-practice-areas.php","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"class_list":["post-2391","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\nIs Marijuana Legal in Kansas for Recreational Use?<\/b><\/h2>\n
Types of Marijuana-Related Drug Crimes We Handle<\/b><\/h2>\n
\n
Penalties for Marijuana Charges in Kansas<\/b><\/h2>\n
\n
Penalties Under Federal Law<\/b><\/h2>\n
How Our Marijuana Defense Attorneys in Overland Park Can Help<\/b><\/h2>\n
\n
Frequently Asked Questions About Marijuana Charges in Overland Park, KS<\/b><\/h2>\n
How many pounds of weed is a federal charge\u200b for possession?<\/b><\/h3>\n
Are edibles illegal<\/b>\u200b<\/i><\/b> in Kansas?<\/b><\/h3>\n
Are CBD gummies illegal in Kansas?<\/b><\/h3>\n
Can you be charged with driving under the influence of drugs in Overland Park?<\/b><\/h3>\n
Can marijuana charges be expunged?<\/b><\/h3>\n
Can a marijuana conviction be appealed?<\/b><\/h3>\n
Can I lose custody of my kids for a marijuana charge?<\/b><\/h3>\n
Can a pot charge affect my professional license?<\/b><\/h3>\n
Can I bring my prescription marijuana from another state with me to Kansas?<\/b><\/h3>\n
Do You Have a Marijuana Defense Attorney Near Me?<\/b><\/h2>\n