Although most everyone would agree heroin is an extremely harmful substance, it can still be found and is used across the United States. It’s also illegal in all states, including Kansas. Some critics of the drug war have argued that decriminalization of all drugs, including heroin, would result in a safer society. Portugal has experimented with the decriminalization of small amounts of heroin, making the offense like a parking ticket, for some time now and appears pleased with the results.
Both federal and state laws classify drugs from Schedule I to V, varying by their accepted medical uses, as well as potential for addiction and harm. Heroin is classified both federally and in Kansas as a Schedule I controlled substance, the top tier.
The following table outlines the heroin laws in Kansas.
||Kansas Statutes Chapter 21, Article 57: Crimes Involving Controlled Substances and Section 65-4105: Schedule I Controlled Substances
|What is Prohibited?
||The possession and sale of heroin are both illegal in Kansas.
||Possession of heroin is a level 4 drug felony that is sentenced, as drug related-crimes in Kansas are, based on the Kansas Drug Offense Sentencing Grid. The penalty range for a level 4 drug offense is 14 months for those with no record to 51 months for those with at least 3 “person felonies” or felonies committed against a person (rape, robbery, etc.). In addition, a fine up to $300,000 could be assessed.
Additionally, a possession crime on your record will be considered if you are arrested for a second or subsequent drug-related offense (or any other crime).
|Sale, Distribution, and Trafficking
||Kansas determines the felony severity level for selling heroin based on the amount of heroin at arrest:
- Less than 1 grams is a level 4 felony
- 1 to 3.5 grams is a level 3 felony
- 3.5 to 100 grams is a level 2 felony
- 100 grams or more is a level 1 felony
The penalty ranges from the 14 months mentioned above for a level 4 felony to 17 years, plus a fine up to $500,000.
The level of this drug offense will be increased one level if the heroin was sold or distributed on or within 1,000 feet of any school property.
Also, you will be assumed to have intended to distribute the heroin, unless you prove otherwise, when you had at least 3.5 grams or more in your possession.
If you’ve been charged with a heroin-related crime, you need to speak to an experienced Kansas criminal defense lawyer or your assigned public defender immediately. A drug crime record can have serious consequences, including employment options and public benefits eligibility.
Note: State laws are revised frequently, it’s important to contact a knowledgeable attorney or conduct your own legal research to verify these drug crime laws.
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