All states regulate and control the sale of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for sale. Kansas classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.
This article discusses the illegal manufacture and sale of CDS only. Illegally possessing CDS for personal use carries different penalties. For more information on possession of CDS for personal use, see Possession of Controlled Substances in Kansas.
Also, while marijuana is considered a CDS, this article does not cover Kansas’s marijuana possession and sale laws. To learn more about that topic, see Kansas Marijuana Laws.
How Kansas Classifies CDS
Kansas divides CDS into five “Schedules”. Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules II, III, IV, and V decrease in dangerousness and probability of abuse, and increase in recognized medical uses.
If you’ve been arrested for illegal CDS production or sales, you’ll need to consult the Kansas Code that lists precisely which drugs fit into each group. Go to the statute (Ks. Stat. Ann. § 65-4105, -4107, -4109, -4111, & -4113) and find the substance you're charged with selling -- it will be listed under one of the five schedules.
Penalties for Making or Selling CDS
It is illegal in Kansas to make or sell CDS (or possess CDS with the intent do these things). Penalties vary according to the type of CDS involved.
In Kansas, judges determine applicable prison terms based on a the "Kansas Sentencing Guidelines," a grid that takes both the offense and the defendant’s criminal history into account. Because of this, the applicable fines are listed below, but the prison terms for felonies are not, since they depend on the defendant’s personal criminal history. A CDS defense lawyer will be able to advise you about the potential prison sentence applicable to your crime. (Ks. Stat. Ann. § 21-5705.)
Schedules I , II, III, and IV
It is a level 3 felony to make, sell, or possess with the intent to make or sell a schedule I, II, III, or IV CDS. Penalties include a fine of up to $300,000, prison time, or both.
However, if the violation involved selling to a minor (someone younger than 18), making or selling CDS within 1,000 feet of any school property, or if the defendant has one prior conviction, the offense is a level 2 felony. Penalties include a fine of up to $300,000, prison time, or both.
If the defendant has two prior convictions, the offense is a level 1 felony. Penalties include a fine of up to $500,000, prison time, or both.
Schedule V
It is a class A nonperson misdemeanor to illegally make, sell or possess it with the intent to make or sell a Schedule V CDS. Penalties include a fine of up to $2,500, up to one year in jail, or both.
However, if the violation involved selling a Schedule V CDS to a minor, the offense is a level 4 felony. Penalties include a fine of up to $100,000, prison time, or both.
Talk to an Attorney
CDS manufacture or sale convictions can incur harsh fines and long periods of incarceration. A local lawyer who practices CDS defense will review the facts of your case, explain your options, and advise you of the possible consequences.
