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Drug Possession

Kansas and Missouri Drug Possession Lawyer

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

If you've been charged with drug possession, it's important to know what options you have at your defense, and how to protect your rights.


Know Your Options


Understand the Consequences

An attorney can help reduce the potential consequences you may be up against such as getting your license suspended or having the conviction on your record.

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


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Drug Possession Laws in Kansas and Missouri

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

Kansas Drug Possession Laws

Illegal Possession of a Controlled Substance

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

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

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

In Kansas a first conviction for possession of marijuana is a Class B Misdemeanor, which 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, which 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.

Missouri Drug Possession Laws

Illegal Possession of a Controlled Substance

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

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

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 that 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

For the possession of no more than 10 grams of marijuana (or any other synthetic cannabinoid), the offense is a Class D Misdemeanor which could 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.

Drug Possession Defense Process

Upon being charged with drug possession, the most vital step you need to take is to find an attorney you can trust to have at your defense. In the defense process, your attorney will start investigating the case, address matters regarding your driver’s license and work towards reaching a positive resolution for your case. John Kitchin brings more than 25 years of experience to every drug possession case he represents, and stands by his commitment to fight for the protection of your rights, record and future.

Upload Your Ticket

Get your ticket seen by our criminal defense attorney. Upload your ticket and we will give you an overview of what next steps can be taken to handle your drug possession charge.

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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, and 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. i.e. – 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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When it comes to facing drug possession charges, your first step is to find an experienced attorney. Get a free quote today and learn how Kitchin Law Firm can fight to protect your rights.