Even though an increasing number of states across the nation are starting to pass marijuana decriminalization laws, marijuana laws in Kansas are still quite strict. If charged and convicted of any of the state’s extensive laws, you could be in for a rough time with the legal system. However, that does not mean you are out of options. In fact, there are a number of ways you can protect yourself legally.
You should start by contacting a trained marijuana defense lawyer in Kansas who knows the law and can try to keep you safe from stiff penalties. The team at Norton Hare is fully qualified to help protect your rights. With decades of professional experience, the attorneys at Norton Hare can teach you all you need to know about defending yourself against tough Kansas marijuana laws.
What is the Law?
According to Kansas state law, possession of marijuana for personal use means that you have control over or are in undeniable possession of marijuana for purposes other than to distribute it to others. If charged, you can be convicted of a misdemeanor or felony depending on your prior criminal history, which can result in a yearlong jail sentence and a fine for first offenses. That being said, most first-time offenders will receive probation as opposed to an actual jail sentence.
Subsequent arrests may be charged as felonies, which carry potential prison sentences
What is Diversion?
First-time offenders in Kansas may be eligible for diversion, which is a program whereby you agree to jump through certain hoops and the prosecutor agrees that, if you do, the charges will be dismissed. Diversion does not result in a conviction on your criminal record nor require that you spend any time in custody.
Generally speaking, a first-time offender seeking to qualify for diversion must fill out a diversion application, undergo an evaluation for potential substance abuse, attend any classes as mandated, and agree to stay out of any further trouble during the diversion process. By complying with these requirements, the prosecution will then drop the charges against you. Of course, all of this costs money, so you can expect to pay hefty fees for fines, court costs, lab fees, urine testing, diversion monitoring and treatment.
How to Defend Against Possession
There are many different ways to defend yourself if charged with possession. First and foremost, the government must prove that the marijuana in question belonged to you. Just because you were in the vicinity is not enough to convict. Along those same lines, you have the constitutional right to be free from unlawful searches and seizures. If law enforcement came into contact with you or searched you or your property in violation of the Fourth Amendment to the US Constitution, the evidence may be thrown out of court.
Learn More from a Lawyer in Kansas Experienced with Marijuana defense
If you have been unjustly charged with possession of marijuana in Kansas, it is imperative that you get representation as soon as possible, and the team at Norton Hare can help. After decades defending against tough state laws, we know all the ins and outs of the legal process and can take steps to ensure a satisfactory outcome.
For more information on how a criminal defense lawyer can help you, contact a representative at Norton Hare to get started.