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Drug Possession Charges

Kansas and Missouri Criminal Defense Attorney

When facing drug possession charges, it’s important to understand how this charge may impact your rights, record and future. Check out 3 things to consider after receiving a drug possession charge in Kansas or Missouri, and learn how to get the representation you need for your case.

If you're up against drug possession charges, it's important to know what options you have at your defense, and how to protect your rights.

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Know Your Options

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Understand the Consequences

An attorney can help reduce the potential consequences you may be up against. Such as, receiving a license suspenction or having the conviction on your record.

Call Kitchin Law Firm for an experienced criminal defense attorney. He will fight to protect your rights, driving privileges and help keep your record clean.

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Call Kitchin Law Firm

Drug Possession Laws in Kansas and Missouri

In Kansas and Missouri, there are laws that make the use and manufacturing of certain drugs illegal in those states. Individuals could face criminal charges under various circumstances. These involve: possession of drugs & drug paraphernalia, cultivation of drug use, manufacturing drugs, distributing drugs, and personally selling drugs. Learn about the laws for drug possession in Kansas and Missouri.

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Kansas Drug Possession Laws

Illegal Possession of a Controlled Substance
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Under Kansas law, it is illegal to possess any controlled substance listed in K.S.A. 21-5706. However, it is nearly impossible to list all the controlled substance that one can possess under Kansas law.
Types of Unlawful Controlled Substances
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Some of the controlled substances that are unlawful for one to possess in Kansas are: opiates, opium, narcotic drugs, and any stimulant listed in the statute. In addition, it is also illegal to possess certain depressants, stimulates, hallucinogenic drugs and anabolic steroids that also appear in K.S.A. 21-5706.
Simple Possession
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Simple possession of a controlled substance under K.S.A. 21-5706 is a level 5 drug felony punishable by a maximum prison sentence of 42 months and maximum fine of $100,000.00. This is simple possession without any allegations of manufacturing, selling or distributing.
Possession of Marijuana
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In Kansas a first conviction for possession of marijuana is a Class B Misdemeanor. This carries a fine of $1,000.00, imprisonment of 6 moths or both. A second conviction for possession of marijuana is a Class A Misdemeanor. This carries a fine of $2,500.00, imprisonment of up to a year or both. A third or subsequent conviction will be treated as a level 5 drug felony.
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Missouri Drug Possession Laws

Illegal Possession of a Controlled Substance
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In Missouri unless it’s a marijuana charge of 35 grams or less, the illegal possession of a controlled substance will result in a felony charge.
Drug Possession Offense - Class D Felony
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The person knowingly possesses any controlled substance, except for thirty-five grams or less of marijuana. This offense is a Class D felony drug charge that can carry up to 7 years in prison and up to a $10,000.00 fine.
Drug Possession Offense - Class A Misdemeanor
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The person is in possession of more than 10 grams but is still 35 grams or less of marijuana. This offense is a Class A Misdemeanor drug charge. Class A Misdemeanors can carry a term of imprisonment of up to one year and a fine up to $2,000.00.
Drug Possession Offense - Class D/Class A Misdemeanor
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For the possession of no more than 10 grams of marijuana (or any other synthetic cannabinoid), the offense is a Class D Misdemeanor. A class D Misdemeanor may lead to a fine of up to $500.00. If this is not a first-time offense, and the person has been guilty of another offense related to controlled substances in the same state or anywhere else in the United States, it is a Class A Misdemeanor.

How to Get a Possession Charge Dismissed

There's no guarantee you'll get the dismissal of your drug possession charge, but there are a few steps you can take to try. It starts with having an attorney you can trust to have at your defense. John Kitchin brings more than 25 years of experience to every drug possession case he represents. In the defense process, he will start investigating the case, address matters regarding your driver’s license and work towards reaching a positive resolution.

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Upload Your Ticket

Get your ticket seen by our criminal defense attorney. For an overview of what next steps to take, upload your ticket below. We’ll provide you with insights for the best way to handle your drug possession charge.

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Call Kitchin Law Firm

The Drug Possession defense process varies between Missouri and Kansas. Contact Kitchin Law Firm to learn more about the defense process and how we can help your case!

What is Possession of a Controlled Substance?

Possession of a controlled substance occurs if you have the ability and intention to control it. Criminal possession of a controlled substance can be proven by police and prosecutors in three different ways:

Actual possession is when the accused has physical control over the controlled substance, which means the person is carrying it on themselves and has the ability to control it.

Constructive possession may occur when the controlled substance is not actually physically on the person, but is found on or around the individual’s property. In order to prove constructive possession, the police and prosecutors must show that the accused had knowledge of the drug’s presence and must have the ability to control it. More than one person can be charged with constructive possession of the same drug. For example, when  police find drugs in a car and the driver and passenger(s) are charged with possession of the same drug.

Shared possession can be proven when the police and prosecutors can establish that the accused had partial control of the controlled substance, if the drug is being shared.

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