When dealing with various types of drug offenses, it is important to understand that there are different elements and factors involved with different violations. In both Kansas and Missouri, it is illegal to be in possession of controlled substances. If you have questions about, or have been charged with unlawful possession of controlled substances in either state, it is important that you consult with a licensed attorney who can advise you on your options.
Kansas & Unlawful Possession of a Controlled Substance
Under Kansas law, it is illegal to be in possession of controlled substances. Specifically, the law states that it is unlawful for any person to possess opiates, opium, narcotic drugs, or other types of stimulants specified in the law. Further, it is illegal to be in possession of certain stimulants, hallucinogenic drug, anabolic steroids, as defined by the law.
If found to be in violation of this law, an individual will likely be charged with a level 4 felony. The law goes on to state that “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.”
A related law is that of unlawful possession of certain drug precursors and drug paraphernalia. In Kansas, it is illegal for a person to possess the following: ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or their salts, isomers or salts of isomers with an intent to use the product to manufacture a controlled substance.
In addition, it is illegal for an individual to use or possess with intent to use any drug paraphernalia to: (1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or distribute a controlled substance; or (2) store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body.
Missouri & Unlawful Possession of a Controlled Substance
According to Missouri state law, it is unlawful for any person to possess or have in his control, a controlled substance. If the individual violates this section by having a controlled substance “except thirty-five grams or less of marijuana or synthetic cannabinoid is a guilty of a class C felony.” Meanwhile, the law goes on to state that if an individual violates this section with respect to “not more than thirty-five grams of marijuana or any synthetic cannabinoid is guilty of a class A misdemeanor.”
Missouri also makes the unlawful use of drug paraphernalia a crime. Specifically, it is unlawful for any person to use, or have the intent to use, drug paraphernalia to: plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or an imitation controlled substance in violation of the law.
In most cases, this offense is considered to be a class A misdemeanor However, if the defendant is found to have used or had the intent to use the paraphernalia to: “manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues in which case the violation of this section is a class D felony.”
Contact an Attorney
If you have been arrested for drug offenses of this nature, or any other, in Kansas or Missouri, it is in your best interest to consult with an experienced and local defense attorney as soon as possible.