If you’ve been accused of or arrested for a Criminal Drug Charge in Kansas, you need an experienced criminal lawyer to help you through it. Take advantage of our free consultation and make an informed decision about how you want to proceed. You have nothing to lose by calling. I’ll give you some free advice either way. Call now, 888-439-4244.
Arrested for Drug Distribution in Kansas?
A charge of drug distribution in Kansas is a very serious matter. You’re facing a drug severity level 3 felony at a minimum, and possibly a level 1 felony if you have prior offenses. You need a top defense lawyer involved right away to protect your rights.
I work almost exclusively on criminal defense cases, and I know the Kansas criminal statutes in depth. And I know exactly what it takes to beat a drug distribution charge or possession charge, and protect you rights and freedom in every way possible.
Kansas Drug Dealing/Distributing Defense Strategies
In any drug case, the state of Kansas must prove beyond a reasonable doubt that a) what they found was an illegal substance, and b) that it belonged to you. In a distribution case, they also must prove that you intended to sell a controlled substance, and that it wasn’t for your personal use. The police may stretch the definition of intent to distribute depending on subjective circumstances, such as how the drugs are packaged, or whether you happen to have a scale in your house. I will challenge all these assumptions in fighting your case.
You have a right against unreasonable search and seizure. In many drug cases, I’ll file a motion to suppress any evidence against you if that evidence may have been illegally obtained. There are a variety of other rights and protections that you have under the US Constitution, and Kansas laws.
Being accused of selling drugs illegally is a very serious crime, and you need an experienced attorney to protect your rights. Take advantage of my years of criminal defense experience, and find out what I can do for you in a free consultation.
Drug Distribution Penalties
| Substance | Classification | Penalty |
|---|---|---|
| Manufacture of a Controlled Substance | Drug Severity Level 1 Felony | up to 17 years in prison, $500,000 fine |
| Distribution of marijuana, other stimulants, depressants, hallucinogens (LSD, acid, psilocybin) or anabolic steroids | Drug Severity Level 3 Felony | First Offense: 4 years, 3 months in prison, $300.000 fine. Second Offense: up to 17 years in prison, $500,000 fine (Level 1 Felony) |
More Felony Drug Offense Penalties
This charge applies to drug offense charges with a Severity level 1 – 4. For non drug offenses, see my Kansas Felony charges penalties chart.
The middle number in bold on the grid for each severity level with any prior criminal conviction is the presumptive sentence, with the others representing the maximum and minimum sentence (jail time) in months.
Severity Level 4 drug charges without prior person felonies have a presumption of probation instead of jail time served.
| Severity Level | 1 prior person Felony | 1 prior non-person Felony | 2+ prior Misdemeanors | 1 Misdemeanor or No Criminal Record |
|---|---|---|---|---|
| I | 179-170-161 | 162-154-146 | 161-150-142 | 154-146-138 |
| II | 68-64-60 | 57-54-51 | 54-51-49 | 51-49-46 |
| III | 36-34-32 | 23-22-20 | 19-18-17 | 16-15-14 |
| IV | 26-24-23 | 16-15-14 | 14-13-12 | 12-11-10 |
Kansas Criminal Laws, excerpt
Drug Distribution Laws
Kansas General Laws/Statues, Chapter 65. PUBLIC HEALTH, Article 41. CONTROLLED SUBSTANCES
65-4161:Unlawful acts relating to sale or distribution of opiates, opium, narcotic drugs or designated stimulants; penalties; acts within 1,000 feet of school property. (a) Except as authorized by the uniform controlled substances act, it shall be unlawful for any person to sell, offer for sale or have in such person’s possession with intent to sell, deliver or distribute; prescribe; administer; deliver; distribute; or dispense any opiates, opium or narcotic drugs, or any stimulant designated in subsection (d)(1), (d)(3) or (f)(1) of K.S.A. 65-4107 and amendments thereto. Except as provided in subsections (b), (c) and (d), any person who violates this subsection shall be guilty of a drug severity level 3 felony.
(b) If any person who violates this section has one prior conviction under this section or a conviction for a substantially similar offense from another jurisdiction, then that person shall be guilty of a drug severity level 2 felony.
(c) If any person who violates this section has two or more prior convictions under this section or substantially similar offenses under the laws of another jurisdiction, then such person shall be guilty of a drug severity level 1 felony.
(d) Notwithstanding any other provision of law, upon conviction of any person for a first offense pursuant to subsection (a), such person shall be guilty of a drug severity level 2 felony if such person is 18 or more years of age and the substances involved were possessed with intent to sell, deliver or distribute; sold or offered for sale in or on, or within 1,000 feet of any school property upon which is located a structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12.
Nothing in this subsection shall be construed as requiring that school be in session or that classes are actually being held at the time of the offense or that children must be present within the structure or on the property during the time of any alleged criminal act. If the structure or property meets the description above, the actual use of that structure or property at the time alleged shall not be a defense to the crime charged or the sentence imposed.
(e) 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.
(f) For purposes of the uniform controlled substances act, the prohibitions contained in this section shall apply to controlled substance analogs as defined in subsection (bb) of K.S.A. 65-4101 and amendments thereto.
(g) The provisions of this section shall be part of and supplemental to the uniform controlled substances act.