Like many states, Kansas and Missouri make it illegal for an individual to be in possession of marijuana. While there are some states that have or are considering legalizing the drug, Kansas and Missouri currently maintain laws prohibiting the use and possession of marijuana.
Kansas Law & Marijuana Possession
According to Kansas statutes, it is illegal for individuals to possess certain drug precursors and drug paraphernalia. Possession of marijuana (for personal use) includes having control over the drug for purposes other than distribution of the drug to others.
If an individual is found to have violated this statute, he will be charged with a B misdemeanor on a first offense (up to 6 months jail and $1000 fine); an A misdemeanor on a second offense (up to 1 year jail and $2500 fine), and a felony charge on a third and subsequent offense (Level 5 drug felony). This is punishable by up to $100,000 fine and a jail term between 10-42 months.
As discussed above, a third lifetime charge could be charged as a level-five felony. A felony conviction can lead to a prison sentence of 10-42 months in jail and a high fine depending on the circumstances involved with the arrest. As the marijuana laws become more relaxed in the "personal use" context, many states, like Missouri, have enacted "personal use" laws that legalize simple possession. Research has shown that marijuana has some medicinal benefits, such as pain relief and sleep aid, that has convinced state (and now federal) lawmakers to pull the plug on the old marijuana laws.
Missouri Law & Marijuana Possession
As of November 13, 2018, the Jackson County prosecutor will no longer file charges for simple Marijuana possession in response to the overwhelming vote in support of Amendment 2 that legalizes medical-use marijuana. This policy change is long overdue and welcomed by those who use marijuana in a responsible manner.
Contact an Attorney
If you have been arrested in Kansas or Missouri on charges of marijuana possession, do not hesitate to contact the McLane Law Firm. Mr. McLane has experience in both states and has worked with many clients facing drug possession charges. Drug charges can lead to severe consequences especially in the employment and academic recruitment areas. Public and private universities will consider a background report when reviewing college entrance applications.
