Possession of a Controlled Substance in Kansas

Illegal possession of a controlled substance can result in misdemeanor or felony drug charges in Kansas. This article reviews Kansas's drug classifications and penalties for illegal possession for personal use. Harsher penalties apply to drug sales, manufacturing, and trafficking offenses.

How Kansas Classifies Controlled Substances

Kansas divides controlled substances into five schedules—Schedules I to V. Schedule I drugs are considered the most dangerous and highly addictive, while Schedule V drugs are the least dangerous and the least addictive. Below are some examples of drugs placed into each schedule.

Schedule I includes drugs such as heroin, MDMA, LSD, mescaline, marijuana, and psilocybin.

Schedule II includes drugs such as opium, codeine, morphine, oxycodone, cocaine, fentanyl, carfentanil, and meth.

Schedule III includes drugs such as ketamine, gamma hydroxybutyric acid (GHB), pentobarbital, and anabolic steroids.

Schedule IV includes drugs such as zolpidem (Ambien), diazepam (Valium), lorazepam (Ativan), and flunitrazepam (Rohypnol).

Schedule V drugs include cough suppressants and other therapeutic medicines containing low doses of codeine or other narcotics.

(Kan. Stat. §§ 65-4105, 65-4107, 65-4109, 65-4111, 65-4113 (2024).)

What Are the Penalties for Illegal Drug Possession in Kansas?

A person convicted of illegal drug possession faces penalties based on the type of drug possessed and whether the defendant has prior drug possession convictions. The penalties include:

• class B misdemeanors, punishable by up to six months of jail time and a $1,000 fine
• class A misdemeanors, punishable by up to one year of jail time and a $2,500 fine, and
• drug severity level 5 felonies, punishable by 10 to 42 months of prison time and a $100,000 fine.

Possession of Narcotics, Opiates, Amphetamine, or Methamphetamine

The harshest penalties apply to unlawful possession of opiates, opium, narcotics, methamphetamine, or amphetamine. This offense is a drug severity level 5 felony.

Possession of Other Schedule I, II, III, IV, and V Drugs (Not Marijuana)

Unlawful possession of most other drugs (excluding marijuana) starts as a class A nonperson misdemeanor. A second conviction carries penalties for a drug severity level 5 felony. These drugs include depressants, stimulants, hallucinogens, and anabolic steroids. The increased felony penalty does not apply if the drug is a Schedule V drug.

Possession of Marijuana

A person who unlawfully possesses marijuana will face the following penalties:

• for a first conviction, class B nonperson misdemeanor
• for a second conviction, class A nonperson misdemeanor, and
• for all subsequent convictions, a drug severity level 5 felony.

Possession of Drug Paraphernalia and Toxic Vapors

It's a class B nonperson misdemeanor to unlawfully:

• use or possess with intent to use drug paraphernalia to ingest drugs, or
• possess, buy, use, smell, or inhale toxic vapors intending to cause stupefaction or alter the senses of the nervous system.

A judge must order a person convicted of unlawful abuse of toxic vapors to complete an alcohol and drug safety or treatment program.

Drug Possession in Vehicle: Driver's License Suspension

A person convicted of unlawful drug possession that occurred while in a vehicle will also face a one-year driver's license suspension.

(Kan. Stat. §§ 21-5706, 21-5709, 21-5712, 21-6602, 21-6604, 21-6611 (2024).)

Good Samaritan Laws in Kansas: Overdose Prevention

A person who seeks medical help for a drug overdose cannot be arrested or prosecuted for certain drug possession crimes, including possession of paraphernalia. This law applies regardless of whether the person seeks help for oneself or another person experiencing an overdose.

To qualify for immunity, the person must cooperate with authorities and remain on the scene. The law doesn't apply to possession charges involving large amounts of drugs—amounts that create a presumption of intent to sell.

(Kan. Stat. ch. 97, § 1 (Unclassified 2024).)

Talk to an Attorney

If you are charged with drug possession, contact a local criminal defense attorney. Possession charges might seem minor, but a criminal record of drug charges can hurt a person's chances of getting a job or housing. It can also lead to harsher charges in future cases.