Possession of Drugs

Possession of cocaine or possession of methamphetamine is a Level Four drug felony punishable by a maximum prison sentence of 42 months and a maximum fine of $100,000. This is simple possession without any allegations of manufacturing, selling or distributing. The Kansas Statute that makes this illegal is K.S.A. 65-4160(a). (This statute is not the one that controls marijuana.)

Everyone charged with simple possession should request their attorney inquire whether they are eligle for the court's mandatory drug treatment program under Kansas Senate Bill 123. Chances are good that if the person charged has little or no criminal history they will at least be eligible for probation if not the drug treatment program.

Included below is a drug sentencing grid that shows the range of punishment along the Level 4 row with 42 months being the maximum.

42MonthsMax

For those interested, the specific charging statute, which makes possession of cocaine and methampehetamine illegal, is spelled out as follows:

65-4160. Unlawful acts relating to possession of opiates, opium, narcotic drugs or designated stimulants; penalties. (a) Except as authorized by the uniform controlled substances act, it shall be unlawful for any person to possess or have under such person's control any opiates, opium or narcotic drugs, or any stimulant designated in subsection (d)(1), (d)(3) or (f)(1) of K.S.A. 65-4107 and amendments thereto. Any person who violates this subsection shall be guilty of a drug severity level 4 felony.

(b) 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.

(c) For purposes of the uniform controlled substances act, the prohibitions contained in this section shall apply to controlled substance analogs as defined in subsection (bb) of K.S.A. 65-4101 and amendments thereto.

(d) The provisions of this section shall be part of and supplemental to the uniform controlled substances act.