Did you know that cocaine possession is a felony charge? According to Kansas Statute K.S.A. 21-5706, cocaine possession, also known as simple possession, results in a level 4 drug felony. Such a charge may result in a maximum prison sentence of 42 months and a maximum fine of $100,000. Remember, these penalties are solely for possession charges, not considering any added allegations of manufacturing or distributing.

“Solely possession of cocaine would be a felony-level offense,” said Erica Ramstad Whitsell, a criminal defense attorney at the McConnell Law Firm. “While there’s a potential for prison time, a possession charge with no additional charges will likely result in a fine, probation, and court-ordered participation in a treatment program.”

Intent To Distribute

Once you surpass the legal threshold for the amount of a controlled substance you can have with a simple possession charge, you may be charged with possession with intent to distribute. The level of the felony charge can vary based on the amount of drugs in your possession, and the maximum punishment can be up to 204 months and a $500,000 fine, depending on your criminal history score. The larger amounts of cocaine you are found in possession of, the greater the felony charge you will receive, as can be shown in the following penalties:

Level 4—Individuals in possession of 3.5 grams or less of cocaine and accused of intent to distribute may be sentenced to between 14 months and 51 months of prison time in addition to up to $300,000 in fines. If an individual’s criminal history is limited, they may be able to receive probation instead of jail time.
Level 3—Any defendant caught with 3.5 grams to 100 grams of cocaine will likely be charged with a level 3 felony, resulting in 46 to 83 months of prison time and up to a $300,000 fine.
Level 2—Possessing 100 grams to 1 kilogram of cocaine will result in a level 2 felony punishable by 92 to 144 months in prison and up to a $500,000 fine.
Level 1—The most serious cocaine charge is a level 1 felony, where defendants possess more than 1 kilogram. An individual will face 138 to 204 months in prison and may be ordered to pay a fine of up to $500,000. As with all cases, such penalties will depend on the individual’s unique criminal history.

“In Kansas, there are certain amounts where once you have surpassed, it’s presumed that you intend to distribute,” said Whitsell. “Distribution offenses are incredibly serious, and in Kansas, such an offense may require registration on the Kansas offender registry, which also lists certain violent offenders and sex offenders. It’s important to recognize the limitations that having a felony record would create, as it will impact your job, your living situation, your ability to possess a firearm, and ultimately, your entire life.”

Have You Been Accused?

If you have been accused of a drug crime, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting one of our drug crimes lawyers in Wichita about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.

Request a Free Consultation

Do you or a loved one need the assistance of one of our drug crimes lawyers in Wichita? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.

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SOURCE McConnell Law Firm