Kansas Cocaine Laws

Cocaine is illegal in every state, including Kansas. You can’t use or sell cocaine in any form. The same is true for other dangerous drugs, such as opiates, methamphetamine, anabolic steroids, and depressants.

The primary reason lawmakers ban the use, possession, and distribution of illegal drugs is that it has a detrimental effect on drug users and the community. People addicted to illicit substances can get desperate when they don’t have money to secure their drug of choice. This leads to an increase in drug crimes.

Besides causing an increase in crime, drug abuse also leads to thousands of drug overdoses every year. Many people who suffer a drug overdose die an early death. This negatively affects their families and the rest of the community.

Kansas Statutes Annotated (KSA) ban the manufacture, distribution, and possession of a controlled substance. Here, we’ll explain Kansas laws on possession of cocaine and other cocaine charges, including the penalties for these offenses.

Kansas' Cocaine Laws at a Glance

Kansas law classifies drugs based on their addictive qualities, health benefits, and potential for harm. Cocaine is a Schedule II controlled substance, which means it has a high potential for abuse and dependence. As a result, the penalties for cocaine-related offenses are severe, as you can see below.

Code section Kansas Statutes Annotated (KSA) §21-5701: Crimes Involving Controlled Substances and §65-4107: Schedule II Controlled Substances
What is prohibited? It’s unlawful to possess or distribute cocaine, including possessing with the intent to distribute.
Possession Simple possession of cocaine (for personal use) is a Severity Level 5 drug felony.

According to the Kansas Drug Offense Sentencing Grid, the actual prison sentence depends on your prior criminal history and prior convictions for drug-related offenses. The sentence can vary from 10 months in jail for a first offense and up to 42 months for offenders with three or more “person felonies” (crimes against people like assault, robbery, rape, etc.).

Remember that a conviction for a drug possession charge will affect sentencing for any future crimes you commit, including nonperson misdemeanors.

Possession of drug paraphernalia Under KSA §21-5709(b)(2), it is illegal to possess drug paraphernalia in Kansas. A violation of this statute will result in drug charges of a drug severity level 5 felony.
Sale or trafficking

Under §21-5705, the level of drug felony depends on the amount of cocaine law enforcement uncovers during your arrest.

The levels of felonies are as follows:

  • Less than 3.5 grams — Level 4 felony
  • 3.5 to 100 grams — Level 3 felony
  • 100 grams to 1 kilogram — Level 2 felony
  • 1 kilo of cocaine or more — Level 1 felony
The courts will increase the severity level of the offense if you get arrested within 1,000 feet of any school property.

There’s a rebuttable presumption that possession of at least 100 grams of cocaine demonstrates an intent to distribute.

Defenses It is not a defense that you were acting on behalf of another. Nor is it a defense that you didn’t know the amount or specific type of drugs in your possession at the time of the arrest.

Note: State laws frequently change due to new legislation, higher court rulings, etc. Contact a criminal defense lawyer or conduct legal research to verify your state’s drug laws.

Contact an Experienced Criminal Defense Attorney in Kansas

If you’re facing felony charges, you’re probably scared and frustrated. It’s essential that you know the law so you can understand what to expect. Having a knowledgeable drug crime lawyer by your side can help make the process less daunting.

A drug crime conviction will lead to fines, possible jail time, and a negative mark on your criminal record. This will affect your personal and professional lives. Let a seasoned attorney ensure the best possible outcome.

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