Is Drug Possession a Crime?

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Can You Go to Jail for Possession of Drugs?

When it comes to possessing illegal substances such as drugs, its important to know that is it considered a serious crime in the state of Kansas. A lot of people ask, “Do first time drug offenders go to jail?” Because of the seriousness of the crime, most first time offenders can go to jail for possession. Depending on the drug and the defendant’s criminal background will determine what type of penalty the defendant receives. If you or a loved one has been arrested for drug charges, it is important that you hire an attorney in order to help you with your situation.

Drug Charges and Penalties

When it comes to drug charges many people want to know, “What is the mandatory minimum sentence for drugs?” Drug charges are going to depend on what other drugs you had on your possession, the amount of drugs you had, and if there have been prior drug sentences, but the minimum that someone can be sentenced for drugs is going to either be 5 years, 10 years, or even life in prison. If you or a loved one has been charged with possession or another drug charge then you might be wondering, “What is the sentence for possession of drugs?” It will depend on the type of drug and past convictions.

In terms of misdemeanors drug charges the question that gets asked is, “What are misdemeanor drug charges?” In the state of Kansas, possession of marijuana is considered a misdemeanor. Kansas has three categories for misdemeanors, which are class A, B, and C. For a first time offense for marijuana possession, it is a class B misdemeanor, which means someone can go to jail for up to six months or have to pay a fine of up to $1,000. If someone is convicted for a second time, they will be charged with a class A misdemeanor, which can land someone in jail for up to one year, as well as pay a fine of up to $2,500. Subsequent convictions will be considered felonies.

When it comes to felony drug charges, a lot of people ask, “What Drugs Are Felony Charges?” If there are prior convictions or the person has been found with schedule II or I drugs, then its considered a level 4 felony. Kansas classifies there drugs into schedules, with them ranging from schedule I, schedule II, schedule III, schedule IV, and schedule V. These are the charges and penalties for schedule drugs.

  • Schedule V: The types of drugs that you can be classified as schedule V drugs are Robitussin AC and Motofen. It is a class A misdemeanor, so You can get up to one year and jail, be fined up to $2,500, or both.
  • Schedule IV: Examples of drugs that are considered schedule IV drugs are Xanax, Klonopin, and Valium. It is a class A misdemeanor, so the penalties for a schedule IV are up to a year in jail, paying a $2,500 fine, or both.
  • Schedule III: Codeine and anabolic steroids are considered schedule III drugs. Since its considered a class A misdemeanor for these types of drugs, the penalty is up to a year in jail, a $2,500 fine, or having both.
  • Schedule II: Cocaine and meth are classified as schedule II drugs. Schedule II drugs are a level 4 felony, so someone will receive prison time, pay a fine of up to $1000,000, or both.
  • Schedule I: Examples of schedule I drugs are heroin and LSD. Due to the severity of the drug, it is a level 4 felony and that comes with a penalty of prison time, paying a fine of up to $100,000, or both.

Its important to note that for Scheduled drugs V through III, if there is a second conviction for these types of drugs, it will turn into a class 4 felony.

Can Drug Possession Charges Be Dropped

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Drug Charges Bond

When who have been charged with drug possession often wonder if they have these charges dropped. If you hire an attorney and end up going to court, then some of the defenses that can be used for trying to drop drug charges are saying the drugs belonged to someone else, having the evidence sent to a crime lab to determine if the drug is really a drug, saying the drugs were planted, there is entrapment conspiracy, or there was an unlawful search and seizure. Other factors that might contribute to someone getting a drug charge dropped is if they aren’t a flight risk, they don’t have a prior criminal record, they aren’t dangerous to their community, and this is their first offense. If you are awaiting trial for drug charges in Wichita, KS and need bail bond services, please call Owen's Bonding Co. today! We offer a wide range of services from felony to DUI bail. Our bail bond agents know this is a stressful time, which is why we try to secure your release as quickly as possible. Contact us at 866-830-2663 to learn more.