Drug Possession Defense Attorneys in Topeka
It’s no secret that possession of drugs or controlled dangerous substances (CDS) can land you in trouble with the law in Kansas.
Being charged with possession of drugs, drug precursors, and drug paraphernalia in Topeka requires a convincing defense to prevent life-altering consequences.
The drug crime lawyers at Irigonegary, Turney, & Revvenaugh, LLP have protected the rights of many good people in Topeka, helping maintain their freedoms and limiting the consequences of drug charges.
How are CDS classified in Kansas?
Each state classifies controlled dangerous substances differently.
In Kansas, you won’t be surprised to hear that cocaine, heroin, methamphetamine and many other substances are classified as CDS. However, many people are surprised that the compounds used to manufacture them are also controlled.
There is a bewildering array of controlled substances and being found in possession of any amount of any of them without a valid medical prescription can bring a drug possession charge.
Kansas divides CDS into five “schedules”. The substances listed in each schedule are detailed in the Kansas Code:
- Schedule I includes the drugs considered most dangerous (i.e., a high probability of abuse and addiction and no recognized medical value).
- Schedule II to V substances decrease in perceived level of danger and probability of abuse while increasing perceived medical value.
Note that marijuana is a controlled substance in Kansas, meaning that the possession and sale of any amount is illegal (more about marijuana possession laws in Kansas below).
These laws apply despite marijuana being decriminalized and legalized in many states around the country.
Examples of Schedules I to V substances in Kansas
Schedule I substances
These substances have a very high misuse potential and are considered to have no approved medical use, e.g.:
- Ecstasy (MDMA)
- Lysergic acid diethylamide (LSD)
Schedule II substances
These substances have a high misuse potential but accepted medical uses, e.g.:
Schedule III substances
These substances are considered to have an intermediate level of misuse potential, e.g.:
- Anabolic steroids
Schedule IV substances
These substances are considered to have some misuse potential, e.g.:
- Phenobarbital, and
Schedule V substances
These substances have the lowest potential for misuse, e.g.:
- Diphenoxylate/atropine, and
What are CDS precursors in Kansas?
CDS precursors are substances used to manufacture controlled substances. If you possess them with the intent to use them to manufacture a CDS, it is a crime in Kansas.
Common examples of these substances include:
- Red phosphorus
- Lithium or sodium metals
- Anhydrous or pressurized ammonia
The illegal possession of any of these substances will be treated as a Level 2 felony.
Marijuana possession laws in Kansas
While marijuana remains a Schedule I substance (because the DEA does not recognize its medical use), possession is treated slightly differently than the possession of heroin or other Schedule I drugs in Kansas.
The first marijuana possession charge is a misdemeanor offense with a jail term of up to one year and a $2,500 fine.
A seasoned drug crime lawyer can ensure that any jail time is kept to a minimum with first-time marijuana possession.
A second marijuana possession charge is treated as a Level 5 drug felony, meaning a potential jail sentence of 10-42 months and a fine of up to $100,000.
Drug possession penalties in Topeka
Kansas employs a drug offense sentencing grid that provides guidelines for drug crimes in the state.
The penalties vary according to:
- The type of CDS involved
- The amount you possessed
- Your prior criminal history
Whether you go to jail as a result of possession often depends on whether you have any prior criminal convictions, as well as the skills of your defense lawyer in persuading the court to be lenient.
Generally speaking, first-time possession of substances from Schedule I-V (excluding opiates, narcotics, and stimulants) is treated as a misdemeanor offense in Kansas.
If the substance is classified as an opiate, narcotic, or stimulant listed in Schedule II, it is a level 4 felony.
If you have a prior conviction, a misdemeanor offense may be upgraded to a felony, with a higher probability of jail time and significantly higher fines (up to $100,000).
Note also that a drug crime on your record will also be taken into account during sentencing if you are convicted of any criminal offense in the future.
Drug paraphernalia possession penalties in Topeka
Drug paraphernalia is anything that is used in the cultivation or distribution of marijuana.
This includes items used to:
- Store or
- Use marijuana
If you are found in possession of drug paraphernalia with intent to use it, it is classified as a Level 5 drug felony.
This can result in:
- Up to 42 months in jail
- A fine of up to $100,000, or
If you are found with paraphernalia involved in the cultivation of four or fewer plants or storing marijuana, this will be considered a lesser offense and be treated as a Class B nonperson misdemeanor.
With such serious consequences for drug possession in Kansas, it’s important to speak to the criminal defense lawyers at ITR Law in Topeka as soon as possible so that we can begin working on your defense.
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