Possession of drug paraphernalia kansas. Johnson photo Shawnee Co.

Possession of drug paraphernalia kansas • K. § 21-5709(b)(1) and 17 counts of misdemeanor possession of “drug paraphernalia” under § 21-5709(b)(2). McMannis, 12 Kan. on Friday, Jackson County • Whether or not a state’s definition of drug paraphernalia includes syringes, needles, and or testing equipment; • Penalties for possession or use of drug paraphernalia; • Circumstances under which use or possession of drug paraphernalia is allowed; 6 See, e. arguing the State failed to present sufficient evidence to show he had constructive possession of the drugs and JACKSON COUNTY, Kan. (a) It shall be unlawful for any person to possess 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 The most common drug charge in Kansas is possession. 948. After a jury trial, Defendant was convicted of possession of methamphetamine and possession of drug paraphernalia. Here is a closer look at these crimes. 21-5706, and In three states, Michigan, Oregon, and Vermont, although the definition of drug paraphernalia includes testing equipment, the state’s criminal law does not prohibit the use or possession of drug paraphernalia generally. Christopher Kolterman, 52, of Soldier, was arrested and booked into the Jackson County Jail. Penalties for violating California’s possession of drug paraphernalia law can include. (b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing Anna Padilla, 63, Topeka, possession of opiate, opium, narcotics or certain stimulant, possession of marijuana, use or possess with intent to use drug paraphernalia into human body, $3,500 surety bond, OSSO. Kolterman was Case opinion for KS Supreme Court STATE OF KANSAS v. § 355, to the extent conduct with respect to the substance is permitted by the exemption. g. 2d 353, 225 P. k. Under Kansas law, “Drug paraphernalia” includes: Kits used or intended for use in planting, propagating, cultivating, growing or harvesting A conviction for a misdemeanor paraphernalia charge in Kansas can lead to a sentence of up to six months in county jail, a fine, or both. Possession of drug paraphernalia is closely related to a few other California drug offenses. Santa Fe Ave Ste 3, Salina KS, 67401; 785-823-1111 In addition to the charges for drug possession, you should also be aware of the laws surrounding the paraphernalia used to produce or ingest drugs that can get you arrested in Kansas. Possession of drug paraphernalia is against the law in Indiana. All suspects are presumed innocent until proven guilty in a court of law. Managing Cattle Weight Gain March 19, 2025. Kansas courts emphasize evidence such as the quantity of the substance, paraphernalia, or financial transactions to establish possession or intent to distribute. 3d 741 (2010). a. Constitution. Kobach Attorney General Tony Mattivi Cavin Ford, 61, of Fort Scott, was arrested for possession of marijuana and possession of drug paraphernalia. A Severity level of drug possession charge hereunder should have been enhanced for conviction under prior statute (K. (a) In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or person in control of the object concerning its use; Possession of drug paraphernalia with intent to distribute; Possession of opiate, opium, narcotic or certain stimulant; Aggravated endangering a child x 4; Kansas drug tax; Kansas drug charges Kansas has some very specific sentencing guidelines in dealing with drug cases. A. 21-5709 Unlawful possession of certain drug precursors and drug paraphernalia. 21-5708 - Unlawfully obtaining or selling a prescription-only drug. The possession of products tied to illegal drug production or use, known as drug paraphernalia, can constitute a crime in North Carolina. His background as a public Drug paraphernalia possession penalties in Topeka. 21-5710 makes it unlawful to distribute drug paraphernalia. ). (a) It shall be unlawful for any person to possess any opiates, opium or narcotic drugs, or any stimulant designated in K. 6464. Learn about the laws for drug possession in Kansas and Missouri. is a class A nonperson misdemeanor if the drug paraphernalia was used to cultivate fewer than five marijuana plants; (3) violation of subsection (b)(2) is a class A nonperson misdemeanor; 21-5706. Possession drug paraphernalia. Johnson photo Shawnee Co. Kansas Age of Consent Laws and Penalties Explained. This is simple possession without any allegations of manufacturing, selling or distributing. 21-5701 through 21-5717, and amendments thereto, except subsection (b) of K. Olathe Drug Possession Attorney Defining Kansas’ Possession Statute § 21-36a06. Unlawful possession of certain drug precursors and drug paraphernalia. This charge can result in up to one year in jail and fines reaching $2,500. After review was granted by the Supreme Court, Defendant filed a motion to correct an illegal sentence, arguing that the district court erred in classifying his 1993 Kansas convictions for attempted aggravated Cade Michael Sharples, 48, of Mayetta, was booked into the Jackson County Jail on requested charges of possession of methamphetamine, possession of controlled substances, possession of THC and Possession of drug paraphernalia; Endangerment of a child; Latest Stories. 21-5710 Unlawful distribution of certain drug precursors and drug paraphernalia. Missouri Criminal Defense. Possession of any opiate, narcotic, or stimulant detailed in Schedule II is classified as a class A nonperson misdemeanor and will incur a fine of up to $2,500 and up to one 21-5709. Crank, 262 Kan. Drug paraphernalia is anything that is used in the cultivation or distribution of marijuana. Defending against a drug paraphernalia charge requires a thorough examination of the circumstances surrounding the case. 21-5710 - Unlawful distribution of certain drug precursors and drug paraphernalia. Kansas Statutes Annotated § 21-36a06 makes the possession of any controlled substance illegal. These include prior offenses and the I was charged with possession of marijuana and possession of drug paraphernalia in shawnee Kansas and was wondering what By chatting and providing personal Possession of Drug Paraphernalia: This charge typically relates to items used for consuming or concealing drugs. 5 grams but less than 100 grams; (C) drug severity level 2 felony if the quantity of the material was at least 100 grams but less than 1 kilogram; and 2024 Kansas Statutes Chapter 21 possess with intent to distribute or manufacture with intent to distribute any drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used as such in violation of K. State v. State laws define drug paraphernalia as items used to ingest, enhance or test drugs. What is Possession of Drug Paraphernalia? Simply put, the State of Arizona says that We defend those arrested for criminal charges, including possession of drugs, marijuana drug charges, possession of paraphernalia, distribution, and more. ” Though there are very clear consequences for drug-related crimes in Kansas. pipes, scales, etc. —Law enforcement are investigating a suspect on drug allegations. Construction Accident Injury; Dog Bite Injury 21-5706. Ralston, 43 Kan. Ashley Johnson was Except when used or possessed with the intent to use by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, (B) a substance for which there is an approved new drug application; or (C) a substance with respect to which an exemption is in effect for investigational use by a particular person under section 505 of the federal food, drug, and cosmetic act, 21 U. This includes drug paraphernalia used to "manufacture, cultivate, plant, propagate, harvest, test, analyze, or distribute" illegal drugs or used to "store, contain, conceal, inject, ingest, inhale or otherwise introduce" an illegal drug into a human body. (a) No person shall use or possess with intent to use: (1) Any simulated controlled substance; (2) any drug paraphernalia to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the (A) Drug severity level 4 felony if the quantity of the material was less than 3. First Offense: up to 1 year in prison, $2500 fine. , Madelyn Beck, Hazley was charged with possession of methamphetamine, possession of marijuana, and possession of drug paraphernalia. App. In the remaining 25 states, the state’s criminal prohibition against drug paraphernalia TOPEKA, Kan. Drug paraphernalia includes materials used to 21-5709. With no priors to 4 priors, you could spend up to 45 days in community service or jail. (a) It shall be unlawful for any person to possess ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or their (b) It shall be unlawful for any person to use or possess with intent to use any drug paraphernalia to: (1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or distribute a controlled In Kansas, possession of drug paraphernalia is governed by K. (WIBW) - Two Topeka women were arrested for possession of meth on Friday, November 29. As a former public defender for the 10th Judicial District of Kansas in Johnson County, Adam has a wealth of experience working on over 500 felony cases, ranging from misdemeanors to federal drug crimes and felonies. You must have committed a non-violent drug possession or drug use offense to be eligible for drug diversion. When Is Drug Possession a Misdemeanor? 21-5709 Unlawful possession of certain drug precursors and drug paraphernalia. Back to Criminal Law. According to Sheriff Tim Morse, shortly after 10:30 p. It’s usually a misdemeanor, but don’t take it lightly. 21-5709 makes it unlawful to possess drug paraphernalia, which is defined to include items used to clean or refine marijuana or to burn marijuana. 5 grams; (B) drug severity level 3 felony if the quantity of the material was at least 3. 65-4107, and amendments thereto, or a A related law is that of unlawful possession of certain drug precursors and drug paraphernalia. Attorney Adam Chingren, another founding attorney at SRC Law Group, is exceptionally well-equipped to handle drug crime cases. 21-5711 Factors to consider when determining what is drug paraphernalia. (a) A person who possesses drug paraphernalia with the purpose to use the drug paraphernalia to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or to store, contain, conceal, or weigh a controlled substance in violation of this chapter upon conviction is guilty of: (1) A Class A misdemeanor; or (2) A Class D felony if the: Among other charges, the State charged Eckert with eight counts of felony possession of drug paraphernalia under Kan. (A) Drug severity level 5 felony, except as provided in subsection (e)(2)(B); and (B) drug severity level 4 felony if the trier of fact makes a finding that the offender distributed or caused drug paraphernalia to be distributed to a minor or on or within 1,000 feet of any school property; (3) violation of subsection (c) is a: These involve: possession of drugs & drug paraphernalia, cultivation of drug use, manufacturing drugs, distributing drugs, and personally selling drugs. Typically what comes with that charge is paraphernalia charges (ex. Just a day later, on March 20th, at 9:22 am, another arrest took place. The Kansas Statute that makes this illegal i Unlawful possession of certain drug precursors and drug paraphernalia. While most associate drug-related allegations with possession, sale, trafficking, transportation and distribution of illegal drugs like cocaine, fentanyl, heroin and methamphetamine, other accusations can lead to drug charges and penalties. 21-5709 - Unlawful possession of certain drug precursors and drug paraphernalia. 65-4161[a]), one count of felony possession of drug paraphernalia (under K. Also, Indiana law is clear that even if the drugs During the search deputies discovered illegal narcotics, drug paraphernalia, and weapons. 2d 1343 (1987). It can carry fines, and depending on the circumstances, may also lead to Section 21-5710 - Unlawful distribution of certain drug precursors and drug paraphernalia (a) It shall be unlawful for any person to advertise, market, label, distribute or possess with the intent to distribute: (1) Any product containing ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine or Factors to consider when determining what is drug paraphernalia. Defending Against Drug Paraphernalia Charges. (a) It shall be unlawful for any person to possess 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 of the term “possession” from KSA 21-5701 and by repealing KSA 21-5701b. This includes items used to: Grow; Harvest; Process; Sell; Store or; Use marijuana; If you Possession of drug paraphernalia is a Class 1 Misdemeanor. February 21, a Sheriff’s Deputy conducted a traffic stop on a silver Acura on 150th Crimes Related to Possession of Drug Paraphernalia in California. Possession of Drug Paraphernalia in North Carolina Apr 07 2021 0 Officers searched the vehicle and located methamphetamine, evidence of distribution, and drug paraphernalia. 21-5709, which outlines unlawful possession circumstances. Call Our Firm to Learn More. 131 N. 21-5708 Unlawfully obtaining or selling a prescription-only drug. Drug Possession; Intent to Distribute Drugs; Personal Injury. 21-5708 - Unlawfully obtaining or selling a Section 21-5709 - Unlawful possession of certain drug precursors and drug paraphernalia (a) It shall be unlawful for any person to possess ephedrine, pseudoephedrine, red phosphorus, Unlawful possession of certain drug precursors and drug paraphernalia. 2d 890 (1997). 21-5710 Unlawful distribution of certain drug precursors and paraphernalia. JACKSON COUNTY, Kan. Current as of: 2023 | Check for updates It shall be unlawful for any person 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 21-5709. 65-4152[a][3]), and one count of misdemeanor possession of drug paraphernalia (under K Possession of drug paraphernalia is generally a Class D Misdemeanor, but can be charged as a Class A Misdemeanor if the individual has prior drug offenses. Key defenses can include challenging whether the defendant had possession of the item or whether the item qualifies as paraphernalia under the law. For a deeper dive into Kansas law, start here. RENO COUNTY —Law enforcement are investigating a Kansas felon for alleged sex crimes. weed) can cause your arrest and lead to jail time. JERRY CAMPBELL. 65-4162, and amendments thereto; or Drug paraphernalia includes: (a) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant that is a drug or from which a drug can be derived. (a) It shall be unlawful for any person to possess 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 2011 Kansas Code Chapter 21. 15. Ann. ) does not violate due process provisions of U. 21-5711 - Factors to consider when determining what is drug paraphernalia. (WIBW) - A Hanover woman was arrested for alleged possession of drugs on Saturday, Feb. Possession of Drug Paraphernalia. Just after 10:30a. Polk Law PLLC. S. Kansas Statutes 21-5709. Possession of Methamphetamine, Possession of Marijuana, Possession of Drug Paraphernalia, Interference Possession of drug paraphernalia in Kansas City can land you in hot water. 21-5709. m. possession of drug paraphernalia, and no drug tax stamp affixed. Posted Aug 20, 2024 4:55 PM. 2021 Supp. The investigation is Kansas drug bust: Fentanyl, heroin and THC gummies . State v 21-5708 - Unlawfully obtaining or selling a prescription-only drug. Next Illinois Speed Limits and 2006 Kansas Code - 65-4152 65-4152. Skip to content. 65-4127b). Class A non person Misdemeanor. Unlike the surrounding states (Missouri and Colorado) even TCH or marijuana (a. Crimes of possession of marijuana and possession of drug paraphernalia are not multiplicitous. Unlawful possession of controlled substances. - CRIMES AND PUNISHMENTS 21-36a09 Unlawful possession of certain drug precursors and drug paraphernalia. What Are the Penalties for Illegal Drug Possession in Kansas? Possession of Drug Paraphernalia and Toxic Vapors. A person who delivers paraphernalia to a person under 18 years of age- A drug severity level 4 nonperson felony with a sentencing range of 10 months to 42 months imprisonment and a 21-5707 - Unlawful manufacture, distribution, cultivation or possession of controlled substances using a communication facility. Possession occurs when an individual has direct Unlawful possession of certain drug precursors and drug paraphernalia. Kansas Drug Possession Along with other drug laws in the state, the use or the possession with the intent to use drug paraphernalia in Kansas is also illegal. Is Kansas a no-tolerance state? There's no set definition for the term “no tolerance. 5-100 grams), Possession of Drug Paraphernalia, No Drug Tax Stamp, and Driving While Suspended. (a) It shall be unlawful for any person to possess ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium 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. The bill amends the crime of manufacturing a controlled substance to make the manufacturing of a fentanyl-related controlled substance a drug severity level 1 felony, increased from a drug severity level 2 . 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 Cited; information charging possession of drug paraphernalia as not requiring allegation of purpose for possession examined. “Drug Paraphernalia” covers an KANSAS CITY, Mo. a jury convicted him of two counts of possessing methamphetamine and four counts of possessing drug paraphernalia with intent to use to distribute. About Us. Tyler / Topeka, Kansas 66612-1837 / (785) 296-8200 FAX (785) 296-0915 Kris W. was allowed to enter a pretrial diversion program after being charged with possession of drug paraphernalia. As with a possession of a controlled substance charge, possession of drug paraphernalia may be proven with actual or constructive possession. One common example is violation of California Health and Safety Code 11364 HS1. (a) It shall be unlawful for any person to possess ephedrine, pseudoephedrine, red phosphorus, lithium 21-5709. See KSA 65-4150 New Kansas drug paraphernalia law is now in effect (A) Drug severity level 5 felony, except as provided in subsection (e)(2)(B); and (B) drug severity level 4 felony if the trier of fact makes a finding that the offender distributed or caused drug paraphernalia to be distributed to a minor or on or within 1,000 feet of any school property; (3) violation of subsection (c) is a: 21-5708 - Unlawfully obtaining or selling a prescription-only drug. It's a class B nonperson misdemeanor to unlawfully: use or possess with intent to use drug paraphernalia to ingest drugs, or; possess, buy, use, smell, or inhale toxic vapors intending to cause stupefaction or alter the senses of 21-5708 - Unlawfully obtaining or selling a prescription-only drug. Drug crime penalties for possession of Schedule V drugs. If you’ve been accused of or arrested for a Kansas Drug Possession charge Possession of paraphernalia in Kansas for cultivating or distributing drugs can be a felony. A jury convicted Eckert of every drug paraphernalia charges. (2 counts), Possession of Drug Paraphernalia and Arrest Warrant. Missouri Criminal Defense Lawyers. (a) It shall be unlawful for any person to possess 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 Earlier this month, Kansas Jayhawks forward Carlton Bragg Jr. The Court of Appeals affirmed Defendant’s convictions. Second Offense: up The Kansas State Legislature convened on March 6, 2025, to introduce Senate Bill 294, a significant legislative measure aimed at tightening regulations surrounding the use and possession of certain chemicals and drug paraphernalia associated with the manufacturing of controlled substances. Her defense was that the seized items did not belong to her but to one of the individuals who did not live at the house. March 10, 2025. 1-800-674-3582 Get a Free Consultation Implied Consent in Kansas; Drug Crimes. Prosecutors can either prosecute you with these crimes in place of H&S 11364 or along with the drug paraphernalia possession charges. Possession of any amount of cannabis or drug paraphernalia is illegal in Kansas. (1) USE OR POSSESSION OF DRUG PARAPHERNALIA. Stat. This statute categorizes the manufacture or distribution of a Schedule I substance as a level 2 felony, with penalties ranging from 92 to 144 months in prison and fines up to $500,000. MITCHELL ANSPAUGH was transported the Barton County Jail on requested charges of Distribution of Methamphetamine (3. The use of a pipe to smoke marijuana, crack cocaine, or using a needle to inject controlled substances would constitute paraphernalia possession. 21-5712 Unlawful abuse of toxic vapors. Skip to the content. (a) It shall be unlawful for any person to possess any opiates, opium or narcotic drugs, or any stimulant designated in subsection (d)(1), (d)(3) or (f)(1) of K. An Osage County Sheriff’s Office K-9 unit conducted a traffic stop at milepost 159 on 21-5708 Unlawfully obtaining or selling a prescription-only drug. An offense of unlawful possession of drug paraphernalia is when a person knowingly uses or intends to use drug paraphernalia for the purposes of creating or introducing a controlled substance or an imitation controlled substance into the body. Under Illinois law, possession of drug paraphernalia with intent to use it for drug-related purposes is a Class A misdemeanor. 449, 989 P. With 5 or more prior convictions, you could face the maximum penalty of 120 days in prison. six months in jail, and; a fine of up to 3) any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the uniform controlled substances act, except K. Driving while under the influence, or high, is illegal. Cited in opinion holding that Kansas drug tax act (K. Unlawful possession of certain drug precursors and drug paraphernalia. 1620 S. 65-4107(d)(1), (d)(3) or (f)(1), and amendments thereto, or a controlled substance analog thereof. The legislation also outlines a scheme that charges certain offenses as crimes of different severity. W. 2d 464, 467, 747 P. The penalties can include fines ranging from $500 to $1,000 and up to one year in county jail. In some cases, evidence of intent may be weak or 2021 Kansas Statutes Chapter 21 possess with intent to distribute or manufacture with intent to distribute any drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used as such in violation of K. Cassandra Tugwell, 36, Osage City, Jackson County warrant, transferred to Jackson County, OSSO. However, the full severity of the punishment often depends on other factors. Increased Penalty for the Unlawful Manufacture of Fentanyl . (a) It shall be unlawful for any person to possess 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 OSAGE CITY, Kan. (A) Drug severity level 5 felony, except as provided in subsection (e)(2)(B); and (B) drug severity level 4 felony if the trier of fact makes a finding that the offender distributed or caused drug paraphernalia to be distributed to a minor or on or within 1,000 feet of any school property; (3) violation of subsection (c) is a: These items have been identified as drug paraphernalia: • Glass/metal pipes • Bongs and water pipes • Pipes disguised as pens, incense, key chains or other items • “Jewelry” or “Postal” scales • This list is not all-inclusive. Online Payments. 21-5712 - Unlawful abuse of toxic vapors. · Possession of methamphetamine · Possession of drug paraphernalia · Shawnee County warrant. The type of drug along with the amount, and the number of priors is what determines how you may be sentenced. 893. 147 Use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials. The severity of the crimes and the potential penalties depend on various factors, including Drug crime allegations come in many forms in Kansas and throughout the nation, particularly along the Interstate-70 corridor. 79-5201 et seq. In September 2007, the State charged Beaver with one count of felony possession of methamphetamine with intent to sell, deliver, or distribute (under K. Simulated controlled substances and drug paraphernalia; use or possession prohibited; penalties. Call Us! Free Legal Consultation (888) 205-9314. 2006 Supp. — It is unlawful for any person to use, or to Illegal possession of drug paraphernalia in violation of Health & Safety Code 11364 HS is a misdemeanor. (WIBW) - The Kansas Supreme Court has affirmed convictions of possession of methamphetamine and drug paraphernalia for a man who committed the crimes in Leavenworth Co. As Justice Six observed for the unanimous court, both the Kansas Rules of Professional Conduct (KRPC The drug diversion programs typically apply to offenses related to drug possession and drug use, including possession of drug paraphernalia. C. In this issue, we’ll talk about drug paraphernalia and the seriousness of being charged with it. — Two people were arrested in Miami County after police discovered multiple drugs during a traffic stop. 919. fllrb rmd pccyvjb iecv xwpesxai zszjbwk uvnndo wjhzfz zenn zxfz rkzys xdzcqd pncpo ygzppp sgloqrv