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Overland Park Criminal Defense Lawyer | Merrill Law Firm

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Don't let your arrest dictate the rest of your life. Let Overland Park criminal defense lawyer Jerry Merrill fight your charges. Free consultations.

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With Intent to Distribute

CBD products containing zero percent THC are exempt from the criminal code. See Penalty Details.

* Sentence determined by category and severity drug severity level

CBD products containing zero percent THC are exempt from the criminal code. See Penalty Details.

* Sentence determined by category and severity drug severity level

** Mandatory minimum sentence

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Kansas has a marijuana tax stamp law enacted.

Penalty Details

Possession

Possession of marijuana is a Class B misdemeanor punishable by a maximum of 6 months imprisonment and a maximum fine of $1,000 for a first time offense. A second offense is a Class A misdemeanor. There is a rebuttable presumption of intent to distribute if possession is 450 grams or more, which is a drug severity level 5 felony punishable by a fine not to exceed $100,000 and a term of imprisonment ranging from 10 months probation - 42 months imprisonment.

A subsequent conviction is a drug severity level 5 felony punishable by imprisonment for 10 months probation - 42 months imprisonment and a maximum fine of $100,000.

NOTE: Kansas law explicitly exempts CBD (cannabidiol) products containing zero percent THC from the state's criminal definition of marijuana, making them legal to possess and sell in accordance with applicable licensing laws. No possession limits are specified in the law.

Sale or Distribution

Sale of less than 25 grams is a drug severity level 4 felony punishable by 14 months probation - 51 months imprisonment and a fine not to exceed $300,000.

Distribution of 25 - less than 450 grams is a drug severity level 3 felony punishable by 46 - 83 months imprisonment and a fine not to exceed $300,000.

Sale of 450 - less than 30 kilograms is a drug severity level 2 felony punishable by 92 - 144 months imprisonment and a fine not to exceed $500,000.

Sale of 30 kilograms or more is a drug severity level 1 felony punishable by 138 - 204 months imprisonment and a fine not to exceed $500,000.

Sale within 1,000 feet of a school zone will increase a drug severity level.

NOTE: Kansas law explicitly exempts CBD (cannabidiol) products containing zero percent THC from the state's criminal definition of marijuana, making them legal to possess and sell in accordance with applicable licensing laws. No possession limits are specified in the law.

Cultivation

Cultivation of more than 4 - less than 50 plants is a drug severity level 3 felony punishable by 46 - 83 months imprisonment and a fine not to exceed $300,000.

Cultivation of 50 - less than 100 plants is drug severity level 2 felony punishable by 92 - 144 months imprisonment and a fine not to exceed $500,000.

Cultivation of 100 or more plants is a drug severity level 1 felony punishable by 138 - 204 months imprisonment and a fine not to exceed $500,000

Hash & Concentrates

Hashish and marijuana concentrates are classified as cannabinoids and are Schedule I controlled substances. The penalties for hashish and marijuana concentrates are the same as those for marijuana.

Paraphernalia

Use of or possession with intent to use paraphernalia to cultivate is a drug severity drug severity level 5 felony punishable by a fine not to exceed $100,000 and a sentence ranging from 10 months probation - 42 months imprisonment.

Paraphernalia used to cultivate less than 5 marijuana plants is a class A nonperson misdemeanor punishable by a maximum of 1 year imprisonment and a fine not to exceed $2,500.

Use of or possession with intent to use paraphernalia to store, ingest is a class A nonperson misdemeanor punishable by a maximum of 1 year imprisonment and a fine not to exceed $2,500.

Sale of paraphernalia is a Class A nonperson misdemeanor punishable by a maximum of 1 year imprisonment and a fine not to exceed $2,500.

Sale to a minor or on or within 1,000 feet of any school property has a nondrug severity level 9, nonperson felony punishable by 5 months probation - 17 months imprisonment and a fine not to exceed $500,000

Miscellaneous

Kansas has a marijuana tax stamp law enacted. Those who possess marijuana are legally required to affix state-issued stamps to the contraband. Failure to do so may result in a fine and/or a criminal sanction.

More Information

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With Intent to Distribute CBD products containing zero percent THC are exempt from the criminal code. See Penalty Details. * Sentence determined by category and severity drug severity level CBD products containing zero percent THC are exempt from the criminal code. See Penalty Details.

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Johnson County Drug Crime Attorney | Free Consultations | Merrill Law

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Accused of a drug-related offense? A Johnson County drug crime attorney from our firm will fight for your rights and present your best defense. Call now!

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21-5706. (a) It shall be unlawful for any person to possess any opiates, opium or narcotic drugs, or any stimulant designated in K.S.A. 65-4107(d)(1), (d)(3) or (f)(1), and amendments thereto, or a controlled substance analog thereof.

(b) It shall be unlawful for any person to possess any of the following controlled substances or controlled substance analogs thereof:

(1) Any depressant designated in K.S.A. 65-4105(e), K.S.A. 65-4107(e), K.S.A. 65-4109(b) or (c) or K.S.A. 65-4111(b), and amendments thereto;

(2) any stimulant designated in K.S.A. 65-4105(f), K.S.A. 65-4107(d)(2), (d)(4), (d)(5) or (f)(2) or K.S.A. 65-4109(e), and amendments thereto;

(3) any hallucinogenic drug designated in K.S.A. 65-4105(d), K.S.A. 65-4107(g) or K.S.A. 65-4109(g), and amendments thereto;

(4) any substance designated in K.S.A. 65-4105(g) and K.S.A. 65-4111(c), (d), (e), (f) or (g), and amendments thereto;

(5) any anabolic steroids as defined in K.S.A. 65-4109(f), and amendments thereto;

(6) any substance designated in K.S.A. 65-4113, and amendments thereto; or

(7) any substance designated in K.S.A. 65-4105(h), and amendments thereto.

(c) (1) Violation of subsection (a) is a drug severity level 5 felony.

(2) Except as provided in subsection (c)(3):

(A) Violation of subsection (b) is a class A nonperson misdemeanor, except as provided in subsection (c)(2)(B); and

(B) violation of subsection (b)(1) through (b)(5) or (b)(7) is a drug severity level 5 felony if that person has a prior conviction under such subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense if the substance involved was 3, 4-methylenedioxymethamphetamine (MDMA), marijuana as designated in K.S.A. 65-4105(d), and amendments thereto, or any substance designated in K.S.A. 65-4105(h), and amendments thereto, or an analog thereof.

(3) If the substance involved is marijuana, as designated in K.S.A. 65-4105(d), and amendments thereto, violation of subsection (b) is a:

(A) Class B nonperson misdemeanor, except as provided in (c)(3)(B) and (c)(3)(C);

(B) class A nonperson misdemeanor if that person has a prior conviction under such subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense; and

(C) drug severity level 5 felony if that person has two or more prior convictions under such subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense.

(d) It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance or controlled substance analog.

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21-5706. (a) It shall be unlawful for any person to possess any opiates, opium or narcotic drugs, or any stimulant designated in K.S.A. 65-4107(d)(1), (d)(3) or (f)(1), and amendments thereto, or a controlled substance analog thereof. (b) It shall be unlawful for any person to possess any of the following controlled substances or controlled substance analogs thereof: (1) Any depressant designated in K.S.A.

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Merrill Law Firm - Johnson County Drug Crime Attorney

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Merrill Law Firm - Johnson County Drug Crime Attorney

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7211 West 98th Terrace Building 4, Suite 140

Overland Park, KS 66212

Phone: 913-530-2625

https://www.merrillfirm.com

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A criminal charge of possessing drugs can change your life dramatically. The police have very little sympathy for people they find with drugs, they will arrest you and you will face criminal charges. In Kansas, the drug laws are particularly severe. This means you definitely need someone workiny on your behalf, ensuring your best interests are served and your rights are protected.

In some states, you face lesser charges when you possess smaller amounts of a drug. This is not the case in Kansas. Similarly, in some states, you are only ticketed for possession of marijuana. In Kansas, however, you will be charged with a crime. The laws here are not lenient at all for those suspected of drug possession.

Marijuana Possession

Under Kansas drug possession laws, You will receive no slap on the wrist, even just for a possession of marijuana charge. You won't be ticketed and allowed to leave. In the vast majority of cases, you will be arrested.

The charge you face doesn't depend on how much you have, but on any prior criminal record.

If this is your first offense, whether you have a joint or a few ounces, you will face misdemeanor charges. A misdemeanor carries up to one year in jail and fines reaching $2,500.

If this is your second or subsequent offense, you will be charged with a felony. Again, it doesn't matter how much marijuana you are caught with. This felony charge carries anywhere from 10 months to 3.5 years in prison, along with fines up to $100,000.

Cocaine, Meth, Heroin Possession

In general, possessing something like cocaine, heroin, or methamphetamines can carry multiple years behind bars, whether it's your first offense or not.

This is a felony charge. It usually carries up to 3 ½ years in prison and $100,000 in fines. However, if you are caught with enough of the substance that it appears as if you intend to sell it, you could face a far more severe sentence.

Possession with intent to distribute is always charged as a felony and can carry decades behind bars.

Regardless of your situation-whether this is your first exposure to the courts or your fourth-we may be able to help. Let us put you in contact with a local Kansas drug possession lawyer today.

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A criminal charge of possessing drugs can change your life dramatically. The police have very little sympathy for people they find with drugs, they will arrest you and you will face criminal charges. In Kansas, the drug laws are particularly severe.

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Kansas Marijuana Charges Can Derail Your Teen's Future

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Kansas Marijuana Charges Can Derail Your Teen's Future

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Kansas Marijuana Charges Could Derail Your Teen's Future | Merrill Law Firm

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If there's one thing that teenagers are known for, it's making questionable decisions and becoming rebellious. Sometimes, teenage rebellion can look like shouting matches with parents, bright and colorful hair dye or staying out past curfew. Other times, it can take a more serious turn, like shoplifting or experimenting with ...

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Kansas: Marijuana Legalization Effort - NORML

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Write a letter to your lawmakers to show your support today!

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Is Marijuana Legal in Kansas? | Merrill Law Firm

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Have you been arrested on marijuana charges? If so, contact a Johnson County marijuana attorney today for a free case evaluation.

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Kansas City Lawmakers Vote To Remove All Local Penalties For Marijuana Possession

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Kansas City Lawmakers Vote To Remove All Local Penalties For Marijuana Possession

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The Food and Drug Administration (FDA) published draft guidance on developing cannabis-based drugs on Tuesday.

This comes weeks after the White House completed its review of the document, clearing its path for public release.

FDA is still in the process of developing regulations that could allow for CBD to be marketed as a food item or dietary supplement, but in the meantime it has worked to create these new research guidelines for drug manufacturing.

Much of the guidance-which is "limited to the development of human drugs and does not cover other FDA-regulated products"-covers the basics of conducting federally authorized research for drug development purposes such as where researchers are allowed to obtain cannabis and the importance of demonstrating the ability to "consistently manufacture a quality product."

"A range of stakeholders have expressed interest in development of drugs that contain cannabis and compounds found in cannabis. Recent legislative changes have also opened new opportunities for cannabis clinical research," FDA Principal Deputy Commissioner Amy Abernethy said in a press release. "As that body of research progresses and grows, the FDA is working to support drug development in this area."

The chief legislative change she referenced is the 2018 Farm Bill, which federally legalized hemp and its derivatives such as CBD.

For researchers, that reform means they are no longer bound to certain restrictions that exist for marijuana. For example, FDA noted in the new document that as long as a manufacturer produces hemp products that meet the federal definition of containing no more than 0.3 percent THC, scientists can use that for studies rather that rely on the nation's only federally authorized marijuana manufacturer at the University of Mississippi.

"This change gives sponsors and investigators of clinical studies new options that do not involve the [National Institute on Drug Abuse Drug Supply Program]," FDA wrote.

FDA has issued draft guidance describing the agency's current thinking on several topics relevant to clinical research related to the development of drugs containing cannabis or cannabis-derived compounds. https://t.co/nncAluuUSZ pic.twitter.com/hv4EEcAZkF

- Media Affairs (@FDAMedia) July 21, 2020

Because excess THC concentrations could render hemp illicit under federal law, FDA dedicated a section to testing standards for hemp-derived products.

"Sponsors and investigators proposing drug development activities involving controlled substances should consult with [Drug Enforcement Administration] about the applicable requirements," it said. "Sponsors and investigators may find it useful to calculate the level of delta-9 THC in their proposed investigational drug product early in the development process to gain insight into the potential control status of their product."

"Regardless of whether cannabis or a cannabis-derived compound meets the definition of hemp, sponsors and applicants should work with reliable laboratories for analytical testing," it continued.

Applicants for an investigational new drug should submit information to FDA that includes "quantitative data, such as a certificate of analysis from a laboratory" on THC content and "detailed descriptions of testing methods used to evaluate the level of delta-9 THC." They should also provide "quantitative data regarding phytochemicals that are present in their proposed product, including but not limited to, cannabinoids, terpenes, and flavonoids."

"Many sponsors initiating clinical research for drugs containing cannabis and cannabis-derived compounds may be unclear regarding, or unfamiliar with, applicable drug quality expectations," FDA said.

The agency discussed how calculating dry weight for hemp is unique in that it should be based on "the calculation of delta-9 THC percentage on the composition of the formulation with the amount of water removed, including any water that may be contained in excipients." It's not clear if that standard would prove burdensome for hemp producers, but it is the case that many farmers have already complained about existing stringent THC testing policies under U.S. Department of Agriculture guidance.

The new FDA guidance gives a step-by-step overview of how to test for THC on a dry weight basis in a way that meets their standards.

"We recommend that you consult DEA regarding the control status of cannabis or cannabis-derived materials or products that are under development," the document states. "We note that intermediates or drug products that contain greater than 0.3 percent delta-9 THC by dry weight, even if the starting materials meet the definition of hemp, may no longer meet the definition of hemp and may be considered a Schedule I controlled substance."

"We invite comment from the public on this recommended approach," the agency said in a Federal Register notice accompanying the new draft guidance. "In addition, FDA invites public comment on the appropriate manufacturing controls over materials that cross under the 0.3 percent delta-9 THC by dry weight threshold during the production of a drug that contains cannabis or cannabis derived compounds."

A 60 day public comment period will be opened for stakeholders to weigh in on the proposed research guidelines. At the same time, the agency has a separate comment period indefinitely open for information on the safety and efficacy of CBD.

FDA stressed that guidance documents such as this one "do not establish legally enforceable responsibilities."

"Instead," it said, "guidances describe the Agency's current thinking on a topic and should be viewed only as recommendations, unless specific regulatory or statutory requirements are cited."

The agency said researchers should take other non-cannabis-specific past guidance on the development of botanical drugs into account as well and laid out several other considerations.

"Cannabis is held to the same regulatory standards as any other botanical raw material, botanical drug substance, or botanical drug product," the guidance states. To that end, researchers should be doing things like chemical fingerprinting to ensure consistency and testing for residual pesticides. FDA also noted that any drug products that require a device like an inhaler fall under their own category with its own set of requirements.

Further, researchers should "consider selection of a container closure system carefully."

The agency also emphasized that "a naturally occurring compound isolated from a botanical source would be expected to have a different impurity profile from the corresponding synthetically produced cannabis related compound, and impurities for the naturally occurring compound should be controlled accordingly" as opposed to "synthetic single-chemical active pharmaceutical ingredients."

Advocates, industry representatives, regulators, health professionals and marijuana legalization opponents stood up before FDA last year at a historic public hearing to share their perspectives on how to best approach regulating CBD.

"It is critical that the FDA continues to do what we can to support the science needed to develop new drugs from cannabis," the agency's Abernethy said. "The FDA believes the drug approval process represents the best way to ensure that safe and effective new medicines, including any drugs that contain cannabis or cannabis-derived compounds, are available to patients in need of appropriate medical therapy."

"The agency is committed to supporting the development of these new drugs through the investigational new drug, drug review and drug approval processes-and one key element of this support involves development of guidance, like this one," she said.

FDA also recently submitted a report to Congress on the state of the CBD marketplace, and the document outlines studies the agency has performed on the contents and quality of cannabis-derived products that it has tested over the past six years.

Also this month, a spending bill for FDA was released that includes a provision providing "funding to develop a framework for regulating CBD products."
Read FDA's draft guidance on cannabis research below:
FDA cannabis research guide... by Marijuana Moment on Scribd

Justice Department Demands Marijuana Documents From California Officials In Federal Court Filing
Photo courtesy of Philip Steffan.

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Kansas City Lawmakers Vote To Remove All Local Penalties For Marijuana Possession | Marijuana Moment

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The Kansas City, Missouri City Council voted on Thursday to approve an ordinance ending all penalties for marijuana possession under the municipality's local laws. Mayor Quinton Lucas (D) and four local lawmakers filed the cannabis measure last month, which repeals a provision of the Code of Ordinances stipulating that possession of 35 grams or less [...]

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WHAT ARE THE PENALTIES FOR MARIJUANA PARAPHERNALIA?

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WHAT ARE THE PENALTIES FOR MARIJUANA PARAPHERNALIA?

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What Are The Penalties For Marijuana Paraphernalia? | Merrill Law Firm

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Marijuana is growing more popular throughout the United States as a medical and recreational drug. However, it is not legal for either of those purposes in Kansas. As such, even if you're using marijuana to treat a serious medical condition - like effects of cancer - police could arrest you ...