The state of Kansas currently criminalizes the sale, possession, and cultivation of the drug marijuana and the state laws provide even harsher punishments for those selling or possessing marijuana near schools or parks. Anyone arrested for the distribution or possession of any amount of marijuana should consult a marijuana attorney prior to the arraignment. If a private marijuana lawyer cannot be afforded then a court-appointed counsel should be provided to the offender. It is estimated that over 15,800 pounds of marijuana is harvested each year in the state of Kansas, which accounts for a retail price ranging from $67 million to $108 million.
Medical Marijuana Users
The state of Kansas also does not have separate laws making the use of marijuana for medical purposes legal. Therefore, anyone caught using marijuana, in possession of marijuana, cultivating marijuana, or selling marijuana will be charged with a misdemeanor or felony depending on his or her situation as defined by the laws.
Non-Medical Users
All marijuana users in the state of Kansas are considered non-medical users of the drug, and in the view of the law, these individuals are illicit recreational drug users. State lawmakers in Kansas have attempted to change the laws regarding the use of marijuana but have not been successful. The state has considered changing the laws regarding marijuana because of the expense to house small possession offenders and the burden on the state’s taxpayers.
Penalties for Marijuana Use and Possession in Kansas:
|
Possession of any amount for first offense |
Class A Misdemeanor |
Penalties include one year in prison and/or a $2,500 fine |
|
Possession of any amount for subsequent offense |
Class A Misdemeanor or Felony |
Penalties include 10-42 months in prison and/or a $100,000 fine |
Penalties for Growing, Selling, or Trafficking Marijuana
Cultivation:
|
Five or more plants |
Felony |
Penalties include 138-204 months in prison and/or a variable fine |
Sale:
|
Any amount |
Felony |
Penalties include 14-51 months in prison and/or a $300,000 fine |
|
Within 1,000 feet of a school or park |
Felony |
Penalties include 46-83 months in prison and/or a $300,000 fine |
Cultivation
There are no specific laws regarding the cultivation of marijuana in
the state of Kansas but there are laws that deal with the sale or possession of
marijuana paraphernalia. The penalties for paraphernalia include the following:
|
Paraphernalia possession for personal use |
Class A Misdemeanor |
Penalties include one year in prison and/or a $2,500 fine |
|
Paraphernalia possession for the cultivation of five or more plants |
Class A Misdemeanor or Felony |
Penalties include 10-42 months in prison and/or a $100,000 fine |
Penalties for Driving Under the Influence of Marijuana
The state of Kansas does not have separate laws governing penalties for driving under the influence of marijuana. Kansas lawmakers consider marijuana to be one of the drugs that fall under driving while intoxicated and is punishable by those standards.
Legal Help with a Marijuana Offense
A marijuana lawyer in the state of Kansas can help you resolve
outstanding charges regarding a marijuana offense in your jurisdiction. For
offenders facing their first offense the state of Kansas allows for conditional
release or alternative sentencing, such as rehabilitation. A marijuana attorney
will be able to help the offender acquire an alternative sentence with a proper
plea bargain.
